FOR LESBIAN, gay, bisexual and transgender (LGBT) Rhode Islanders, the law is a fickle creature.

While the state does not have a “defense of marriage” act on its books, it still does not grant marriage licenses to same-sex couples even though, according to a decision issued by Attorney General Patrick Lynch, marriages performed out-of-state are recognized by Rhode Island. If, however, these out-of-state gay and lesbian married couples wish to get a divorce, the Family Court Act of 1967 defines divorce as an act between a man and a woman.

It was precisely this kind of legal confusion that prevented Mark Goldberg from being able to claim the body of his partner of 17 years, Ron Hanby, after he committed suicide. The couple had a marriage license from the state of Connecticut, but for 32 days, Goldberg was not allowed to claim his partner’s body and carry out his final wishes.

To correct this terrible injustice, a bill was introduced in the Rhode Island General Assembly that would have allowed domestic partners to make funeral arrangements for each other. The bill, which passed nearly unanimously, was then vetoed by Gov. Donald Carcieri, who said that it was a “disturbing trend towards redefining marriage.”

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