Gay man asks state to look into funeral homes pol

liver411

Dec. 18, 2001, 11:15PM



Gay man asks state to look into funeral home's policy

By MARY FLOOD

Copyright 2001 Houston Chronicle



A gay Houston man said he will ask state regulators to investigate a local funeral home that refused to cremate his partner last week, saying it was because state law does not recognize gay couples.



David Diehl, 46, said a male employee at the Garden Oaks Funeral Home in southwest Houston told him its policy was to refuse potential customers who were gay.



"He told me his boss would not let him extend me service. I had no rights," Diehl said Monday. "The employee was very apologetic; it was clearly killing him to tell me that."



Texas law does not recognize gay partnerships as a marital or legal relationship that would establish the partner as next of kin. State law requires funeral homes to know they are dealing with next of kin or a designated representative.



Diehl's partner of 10 years, Bobbie Blanton, had designated in a will and in a separate legal directive that he wanted Diehl to control the disposition of his remains. The Texas Health and Safety Code says just one of these legal documents would be enough to allow Diehl to legally request the cremation.



"I've heard of this kind of thing before, but it's rare. This is the 21st century," said James Claire, of Claire Brothers Funeral Home. Claire Brothers cremated Blanton, 40, who Diehl said died of liver disease coupled with pulmonary hypertension.



Diehl said the Garden Oaks employee, who also talked to the hospice nurse tending to Blanton, never asked if there was a legal document that would establish Diehl as Blanton's representative.



Charles Cho, operator of Garden Oaks, did not return repeated telephone calls from the Chronicle.



Ed Kubicek, chief of enforcement for the Texas Funeral Service Commission, said he doesn't know if the commission will be able to do anything to help Diehl.



"Though this is a regulated industry, it still is a business. Like `no shirt, no shoes, no service,' you have the right to refuse service," Kubicek said. He said he gets calls from funeral homes occasionally wondering if they can depend on a homosexual partner's wishes to conduct a cremation or burial.



"Sometimes funeral homes freak over this, wanting to make sure they do not get in trouble with the commission or in civil court," he said.



Chet Robbins, executive director of the funeral commission, said he had never heard of someone turning away business based on a person's sexual orientation. He said the commission will investigate when it receives Diehl's formal complaint later this week.



Mitchell Katine, the lawyer representing two Harris County men challenging the Texas law banning homosexual sodomy, also represents Diehl. Katine said he will also look into whether the Texas attorney general could help create a policy that could keep this from happening again.



"I'm not sure other people realize what gays and lesbians have to deal with in this situation. They may not get bereavement time and aren't covered by the Family and Medical Leave Act to be able to take time off to help an ailing loved one," Katine said.