Comments | gsa_lj: Fair disaster suit could test civil-union benefits

emh4ever in gsa_lj

Fair disaster suit could test civil-union benefits

Sep 27, 2011 13:16

A wrongful-death lawsuit filed by an Illinois woman whose partner was killed in a stage collapse at the Indiana State Fair could test the boundaries of legal benefits of same-sex unions recognized in one state but not in another.

Alisha Brennon, 24, was injured and her partner, Christina Santiago, 29, was among seven people killed when an outdoor ( Read more... )

civil unions, doma, lawsuit

Comments 3

fabfemmeboy September 27 2011, 23:41:45 UTC

This should be an interesting case to watch. It will not, however, be a potential DOMA challenge because a) they were not married, so there is no federal definition of marriage implicated, and b) wrongful death lawsuits would fall under state tort law which means it's up to Illinois to determine whether civil partners have the right to sue for wrongful death on behalf of one another as spouses would.

emh4ever September 27 2011, 23:54:17 UTC

Are you sure it falls under Illinois law instead of Indiana? The article makes it sound like the Indiana law is the applicable one in this case.

fabfemmeboy September 27 2011, 23:59:16 UTC

You're right - the death occurred in Indiana, it's Indiana. Either way, it's not DOMA because they weren't married so at most the case hinges on full faith and credit of the Illinois civil partnership.