The National Center for Lesbian Rights was a lead partner with the Department of Health and Human Services (HHS) on the development of the administration’s historic Hospital Visitation Rule. The Rule came at the direction of President Obama who urged HHS to identify ways to protect the hospital visitation rights of all patients through policy change. NCLR worked closely with HHS on the final rule, which guarantees equal treatment in hospital visitation to all patients and their loved ones regardless of sexual orientation, gender identity, biological relationship, or marital status. Subsequent to the introduction of that Rule in 2011, we have worked closely with HHS on implementation. We co-hosted a webinar with HHS, which provided education on the impact of the Rule and “Best Practices‚” for working with the LGBTQ community. We continue to work with HHS to clarify that this Rule also applies to nursing homes and hospice facilities.

Longstanding Maryland law provides that couples who validly married in another state are recognized as married in Maryland, even if the couple would not have been able to marry in Maryland. Although a trial court found that a same-sex couple met all the requirements for divorce under Maryland law and both wished to divorce, it would not grant their divorce because, according to the court, it would be against public policy to do so. Both women appealed that decision.

On May 31, 2004, a Chilean Court ordered Karen Atala Riffo, herself a judge in Chile, to relinquish custody of her three children to her estranged husband because she is a lesbian and living with her female partner. The Supreme Court of Chile based its decision on the long-discredited and unsupportable notion that being raised by lesbian parents is harmful for children. With no legal recourse left in Chile, Ms. Atala took her case to the Inter-American Human Rights Commission (IAHCHR) in Washington, D.C.