Langan v. St.

Vincents Hospital of New York

802 N.Y.S.2d 476 (N.Y. App. Div. 2005)

Facts: Neil Conrad Spicehandler and John Langan were same-sex couple who
entered into a civil union in November 2000 in Vermont. Neil figured into an
accident in New York and as brought to the St. Vincents Hospital of New York where
he died. John sued the hospital for Neils death. The defendant hospital moved to
dismiss on the ground that Langan had no standing to institute the case, not being
a surviving spouse.

Issue: Whether or not Langan had a standing as a surviving spouse to sue the
defendant hospital.

Held: NO. The class of distributees that may maintain an action for the recovery of
damages for wrongful act, neglect or default which caused the decedents death
includes the surviving spouse. At the time of the drafting of the relevant statutes,
the thought that the surviving spouse would be of the same sex as the decedent
was simply inconceivable.

In Matter of Cooper, the Court ruled that the term surviving spouse did not include
same-sex life partners and that purported homosexual marriages do not give rise to
any rights pursuant to EPTL 5-1.1 and that no constitutional rights have been
abrogated or violated in so holding.

In Baker v. State, the Vermont Legislature went to great pains to expressly decline
to place civil unions and marriage on an identical basis. Vermont Legislature refused
to alter traditional concepts of marriage (i.e., limiting the ability to marry to couples
of two distinct sexes).