You Might Like
Idaho lesbian wins final legal battle to be buried with wife in state military cemetery
74-year-old Navy veteran Madelynn Lee Taylor has won her federal court battle to have her wife Jean Mixner’s ashes interred with her in Idaho State Veterans Cemetery when she dies
An elderly US Navy veteran now knows she will be able to rest in peace when she dies, safe in the knowledge that her already deceased wife’s ashes will be buried beside her.
74-year-old Madelynn Lee Taylor discovered that Idaho State Veterans Cemetery would not allow her to be buried with her wife Jean Mixner after she died in 2012 because of the state’s ban on same-sex marriage.
Taylor filed a federal court lawsuit against the cemetery which relented in its opposition after courts overturned Idaho’s ban on same-sex marriage in October.
Taylor then asked the state government of Idaho to join the case in requesting a final judgement in her case but the government refused – instead filing a motion to dismiss the case.
Taylor’s lawyers argued that there was no guarantee that the state of Idaho might change its policies in future as it had made multiple attempts to appeal the verdict that had caused the cemetery to change its mind in the first place,
On Thursday US federal court judge Ron Bush ruled that Taylor deserved the certainty that a final judgement would give her in knowing her wishes would be respected when she died.
Magistrate Bush ruled that ‘Ms.Taylor is entitled to be eventually buried at the Idaho State Veterans Cemetery, and Ms. Mixner’s remains are currently interred there, presumably is of present comfort to Ms. Taylor and to the respective families and loved ones of Ms. Taylor and Ms. Mixner.’
‘But such present comfort is not enough when considering the scope of relief actually sought within Ms. Taylor’s Amended Complaint. To be clear, through this action, Ms. Taylor demands that, upon her death, she and Ms. Mixner be interred together in perpetuity at the Idaho State Veterans Cemetery.
‘[The state of Idaho]’s actions since Ms. Taylor first initiated this proceeding should be credited; however they fall short of providing certain assurance to Ms. Taylor that she and Ms. Mixner will be guaranteed a reunification in death by virtue of their joint interment at the Idaho State Veterans Cemetery.
‘Ms. Taylor is entitled to have the assurance that there is a court order in place requiring that what she has a right to have happen if she were to pass away today, will happen when she does pass away. That is the relief she seeks and, equally importantly, her right.’
The post Idaho lesbian wins final legal battle to be buried with wife in state military cemetery appeared first on Gay Star News.
Andrew Potts
You Might Like
