ANNAPOLIS — Both opposite- and same-sex couples will be able to register as life partners, giving them rights to make medical decisions for each other, according a bill tentatively approved Wednesday by the Maryland Senate. Citing the Terri Schiavo case — where relatives of a brain-damaged Florida woman are bitterly contesting her husband’s removal of her feeding tube — Sen. Paula Colodny Hollinger, D-Baltimore County, said everyone should have advance medical directives, legal documents specifying their wishes with respect to medical care if incapacitated. But it is also essential, she said, that the state let citizens formally recognize relationships — not necessarily sexual — of mutual affection and shared living. “At the worst times in your life, the people who matter most to you should be there. When you’re sick you want people close to you to be around. It’s a sensitivity bill,” Hollinger, a nurse, said. The bill would establish a “life partner” registry in the Department of Health and Mental Hygiene where, for a modest fee, couples could certify that they shared a common residence and were mutually interdependent, though they need not make equal contributions. “A widow and widower who live together might not (find it a) benefit because of the tax system to marry,” Hollinger said, noting that in Florida, “lots of couples live together.” She said the bill had nothing to do with health insurance issues, but just made the rights of partners “very, very clear.” The bill would grant life partners the right to make decisions about medical care for incapacitated partners, ride in ambulances, visit them in intensive care wards and dispose of their organs and remains — rights now possessed by married couples in all states and registered domestic partners in Vermont, California, New Jersey and Hawaii. “We heard stories in committee (hearing) where a partner was not allowed in a hospital room, but a neighbor was,” Hollinger said. The Senate Education Health and Environmental Affairs committee handled the bill.
The bill has been supported by gay rights advocates, who charge they are discriminated against when it comes to life decisions for their loved ones.
Opponents raised a number of questions and objections. “Why specify same sex and opposite sex — it seems unnecessary?” said Sen. Alex X. Mooney, R-Frederick.
Hollinger said clarity was essential.
“Does this include transgendered?” Mooney asked.
Hollinger said she didn’t know.
Mooney also asked if there were any specifications as to how long a couple had to be together to qualify as “life” partners — “a day? a year?” And he asked why could a new partnership be registered only 90 days after the previous one had dissolved — “isn’t that rather quick?” “I know of married couples where one walks out, gets married the next day. Don’t you know people like that?” Hollinger said. Why did an amendment remove a requirement that opposite-sex partners be at least age 62, asked Sen. Nancy Jacobs, R-Harford. Hollinger said it would be discriminatory to leave it in. There is no age restriction on same-sex partners. Jacobs also questioned why relatives were excluded. There already is an order of listing for next of kin, Hollinger answered. Jacobs asked whether someone would have to produce evidence of life partnership registration in order to ride with that person in an ambulance. “Believe me, they’re not going to stop doing resuscitation to check it out,” Hollinger said. “Do you have health insurance? Do you carry your card with you?” she asked Jacobs. “What if you’re unconscious?” Jacobs answered. “Somebody better produce it,” Hollinger said.
Last year, the Maryland House passed a similar bill with 42 co-sponsors, but it was killed in same Senate committee that put this bill forward. – 30 – CNS-3-23-05