Update On Gay Man Arrested For Trying To Stay With His Sick, Hospitalized Partner
This man isn't allowed to marry the person he loves, but he made a seriously strong showing of "for better or for worse."
And all those documents people sniff that gays and lesbians can file to preserve their rights -- did nothing of the kind.
New details, from Roger Gorley's daughter, about his removal by the police for refusing to leave his sick partner. Cavan Sieczkowski writes at HuffPo:
Roger Gorley was handcuffed and forcibly removed from Research Medical Center in Kansas City, Mo., on Tuesday after he refused to leave his partner, Allen, who was receiving treatment for severe depression. Roger told Fox station WDAF that the hospital is guilty of discrimination. However, Research Medical Center denies the accusation, saying Roger was "disruptive and belligerent" and had to be escorted from the premises, according to a statement obtained by The Huffington Post.But according to Amanda Brown, the 26-year-old daughter of Roger, there is much more to the story than hospital officials are letting on.
Speaking with John Aravosis of America Blog, the woman said Allen's brother, Lee, didn't want Roger at the hospital. Lee confronted Roger in front of a nurse, and the nurse allegedly had Roger removed, even though Allen had said he wanted his partner there.
Roger and Allen, who have been together for five years, are in a civil union and make medical decisions for each other through Power of Attorney.
"Lee was being more crazy than my dad, he was the one who was yelling," Brown said.
Still, the nurse -- who supposedly was aware of Roger and Allen's status -- "directed her comments to Roger, 'You need to leave the room.' My dad said, 'No, this is my husband, I'm going to stay with him," Brown added.
Shortly after, the police arrived.
They forcibly and violently removed Gorley.
And people say marriage rights aren't necessary for gays.
More from Gorley's daughter here:
My father, Roger Gorley, and his husband, Allen Mansell have been married for nearly 5 years. They have shared a home together, purchased cars together, have all of their investments, and any other paperwork taken care of to be considered a real marriage under the law. In the state of Missouri civil unions are not recognized but many same-sex couples go ahead and follow through with the paperwork and register it with the state so they can be recognized as a significant life partner to the other person in moments such as these and especially after the death of their loved one. My fathers did this. They did all of the paperwork so something like what I'm about to tell you happened would never happen to them.Allen has suffered from a variety of illnesses over his life but one in particular is severe depression. He has been dealing with this for over 20 years and has done an amazing job at it. He has seen a psychiatrist regularly, maintained a well-paying job with the government, taken care of not only himself but his family members, and after making a big move from San Francisco back home to Lee's Summit, MO he found the love of his life, Roger Gorley.
...After I pack up the house, my daughter, and arrange plans for someone to come and get her at the hospital because I have no idea how long I will need to be there we arrive all at the same time to see Allen received by the nursing staff and my Dad, Roger Gorley, follows him in along with Lee, Allen's brother. This is when things started to get ugly.
Roger immediately rushed to Allen's side, grabbed his hand, and reassured him everything will be ok. He will handle everything. He is in good hands and they will be going home as soon as possible. His brother Lee decided to say similar things but to also add in that he will not allow Roger to make these decisions and he will make sure everything is ok. Well that ignited the fire in my father that had been swelling up inside of him. He said, "No you won't! This is my husband. I know what he wants and needs. You are never around. You need to leave."
The nurse had had enough at this point and asked my father to leave. He gave her a surprised look back and said "No I'm staying with my husband." She responded with "I know who you two are. You need to leave." My father took this as she had treated Allen before, knew who my father was to him, and was making the decision that they didn't have the right to one another as husband and husband. So instead of checking the file to see his power of attorney in his medical chart (they each have one for each other) she immediately called the police and had my father forcibly removed.
...It took 3 hours to process him through the system and get him bailed out of jail. A $600 fine for disorderly conduct and trespassing and has a restraining order against him from the hospital saying he is not allowed to step foot back on the hospital grounds even to see his husband.
If anyone remembers back in 2010 when Obama made the new law across the board that same sex couples will be given the same rights as heterosexual ones when it came to visitation rights in the hospital you will know that this restraining order has no grounds and is completely illegal for the hospital to do. But as of right now my father is not allowed to see his partner in the hospital who wants nothing more than to hold his partners hand and tell him everything will be ok.
...Please contact Amanda Brown at 913-710-5665 for more information on the story as it develops. Roger Gorley and Allen Mansell request that you respect their need for privacy and understand that in the end the only thing they want is equal rights under the law. The same protections and allowances that heterosexual couples receive. We both know that if this had been a man and his wife this would not have happened the way it did.







I have heard of this happening in a number of cases with heterosexual couples.
The hospital was in a difficult position here. They don't have time to read through all the documents and decide legally who was in the right so they call security and throw out whom ever is pitching the biggest fit, which sounds like .........Roger.
If it wasn't, then Roger should have a really good case for false arrest, and this will all end happily.
Isab at April 14, 2013 12:08 AM
http://www.advocate.com/politics/2013/04/13/watch-hospitalized-missouri-mans-arrested-husband-straight-brother-speak-out
This article seems a bit more balanced.
Isab at April 14, 2013 12:19 AM
My Aunt was recently in the emergency room, while she was there there was a rucus. A very pregnant woman was brought in and while waiting for admission 2 guys came in fighting over her. My Aunt wasn't sure if the fight was they both were claiming to be the Father or both were claiming not to be. Both were 'escorted' out, while the Mom was yelling about it. Now was the hospital discriminating against men or Fathers? nope, just throwing out disruptive people. What if they let one stay?
Now in this case, does "ignited the fire in my father that had been swelling up inside of him." mean "disruptive and belligerent"? it sounds that way to me.
Do you toss out the one who started shouting first? Which going by her account sounds to me like her Father.
Or do you throw out both? since as she claims both were acting crazy. "Lee was being more crazy than my dad".
It sounds more to me like a longstanding and recurring family fued that happened in a place it shouldn't. In front of a person who wasn't having any of it.
So the question comes to mind if the hospital had tossed both out wold it then be discriminatory or not?
Was the reason the nurse tossed him "I know who you two are. You need to leave." that he was gay or that he had been and was being a disruptive influence.
I don't know, but going by the daughters account, it could be.
Joe J at April 14, 2013 12:47 AM
But Amy! You said that...
Aw, fuggit.
Crid [CridComment at gmail] at April 14, 2013 1:56 AM
Or is the theme here that some of us are just getting tired of the everything's racist way of thinking just as other's are really starting to enjoy saying that everyone (else) is a homophobe?
Because, that's, y'know, what it feels like.
Crid [CridComment at gmail] at April 14, 2013 4:47 AM
Got news for ya-hospitals can and do kick people out all the time, sexual orientation notwithstanding. They kick out parents of sick kids, spouses, kids of sick parents...if there's a scene or argument, you're probably gone. It's not good for your sick family member, the other sick people, or the nurses who don't have the time to play referee.
momof4 at April 14, 2013 6:04 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678141">comment from Joe JWhich of you is going to let the hospital throw you out of the room of your spouse because their family member wants you to leave?
Amy Alkon
at April 14, 2013 6:14 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678146">comment from Amy AlkonAs for that link, Isab, this commenter there is exactly right (POA is "Power of Attorney"):
And again, which of you is going to leave your husband or wife's bedside because their brother thinks they should have power over their care?
And which of you, of those people, if any, thinks documents substitute for marriage for gays and lesbians?
Amy Alkon
at April 14, 2013 6:25 AM
I believe that everyone should get the heck out of the hospital room unless the can calm down and focus on the needs of the patient.
When I was in labor, my husband was an ass and I might have been better off alone.
A patient doesn't need a screaming or unsupportive spouse.
Jen at April 14, 2013 7:04 AM
I think both needed to be thrown out of the room, and possibly the hospital for a period of time.
The arrest and restraining order was wrong, especially if it was only applied to one person.
Jim P. at April 14, 2013 7:46 AM
>>Which of you is going to let the hospital throw you out of the room of your spouse because their family member wants you to leave?
Well, instead of making a scene, I would calmly tell the nurse I have power of attorney and the right to be there. I would ignore the brother's proclamations, as they had no merit.
Assholio at April 14, 2013 8:33 AM
Undefining marriage into the buddy system would not have changed this situation. The hospital personnel will throw out a disruptive person. If both were disruptive then they should both be out. I suspect the indignation of having the brother try to take the lead caused Larry to get upset and tossed out.
Keith L. at April 14, 2013 9:10 AM
So someone needs to explain how this kind of thing 'strengthens' marriage, since, as we've been told, same-sex marriage weakens it.
Anyone?
DrCos at April 14, 2013 9:24 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678208">comment from AssholioWell, instead of making a scene, I would calmly tell the nurse I have power of attorney and the right to be there. I would ignore the brother's proclamations, as they had no merit.
We've discussed this on my radio show, how people think they'll behave really excellently under pressure and judge others harshly when they don't.
Amy Alkon
at April 14, 2013 9:41 AM
If I held POW and was told to leave, I imagine I would make a fuss, too. And my next stop would be a lawyer. And part of my settlement would be that nurse's termination. Not "let go." But fired.
Patrick at April 14, 2013 10:26 AM
I think I`d go with the "more balanced" account noted in a previous comment. All three men were naturallt upset, and as happens in families words - and volume - escalated, eventually leading to the two non-patients being asked to leave [the room]. The brother did, the husband resisted violently.
The genders do not seem to have mattered. And yes, this is a scene that occurs almost daily with families in hospitals. While the husband of the patient should be, and was, allowed to accompany the patient, being disruptive and somewhat violent is still reason to be removed. Calm down in the waiting area, then ask to be let back in. The other patients also must be considered.
John A at April 14, 2013 10:54 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678229">comment from John ACome on -- you have power of attorney over your de facto spouse and others are going around you and trying to take over? So, when your relatives take over and tell you what'll be done with your wife, you're going to sit on the lawn and sip a mint julep?
Amy Alkon
at April 14, 2013 11:13 AM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678230">comment from John AAnd yes, this is a scene that occurs almost daily with families in hospitals.
Husbands are removed from wives and while their families take over their medical decision-making?
Amy Alkon
at April 14, 2013 11:14 AM
Incredulous Goddess:
Husbands are removed from wives and while their families take over their medical decision-making?
When was the last time you attended a large family gathering?
/eyeroll
Situations like hospital visits call forth all kinds of not-so-passive-aggressive family pecking-order arguments.
You have no idea what the backstory is.
Ben David at April 14, 2013 11:20 AM
As I mentioned in a previous post, my fiance was in the hospital in a coma after a heart attack. I have POA over his medical decisions. His father was able to have me kicked out of the hospital because I wasn't immediate family/next of kin. I wasn't stripped of my medical decision making power, just my visiting rights temporarily until my fiance was awake and was able to state he wanted me there (he had to answer a few basic competency questions as well such as name, current president, etc). Per hospital policy, if the patient wants somebody to be there, that is their decision and not the hospital's (unless there is another reason for them being prevented from being in the hospital). During the interim I was contacted repeatedly on care decisions and updates on his condition and came in to sign various consent forms for procedures they were going to do on him.
Something smells fishy with this story. A family member can't just have someone kicked out and not allowed to see the patient if the patient states they want them there. And I agree it sounds like they were kicked out initially for being disruptive.
BunnyGirl at April 14, 2013 12:18 PM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678346">comment from Ben DavidBen-David, we should point out, is a fundamentalist Orthodox Jew who seems to fear homosexuals and have real problems with homosexuality (for any new commenters here).
"You have no idea what the backstory is" -- I don't need to. The man with power of attorney over the man that fundamentalists like you keep him from being able to marry should be the one making all medical decisions.
One's spouse has the right to make medical decisions, even if there are annoying and meddling others around.
Glad that homophobia seems to be a gift that keeps on giving for you. Must help you sleep better at night to think of all those gays and lesbians who are committed partners and don't have the rights heteros who can marry do.
Amy Alkon
at April 14, 2013 12:49 PM
>>We've discussed this on my radio show, how people think they'll behave really excellently under pressure and judge others harshly when they don't.
I'm not judging harshly, but I'm pretty sure I could have avoided getting arrested were I in his situation.
Assholio at April 14, 2013 1:02 PM
So all I need is a POA and I can be a big distruptive ass, throw tantrums, and not be asked to leave. Sounds stupid to me.
Sorry but this sounds like it had nothing to do with power of atourney or anything to do with being gay, but someone being tossed out for being disruptive.
Joe j at April 14, 2013 1:48 PM
Amy Alkon
http://www.advicegoddess.com/archives/2013/04/14/update_on_gay_m.html#comment-3678498">comment from Joe jSo, forgive me for presuming, but I will presume you're straight...
So, your wife is in the hospital and this happens to you - relatives try to take over decisions about her care - and you just go along?
Right.
Amy Alkon
at April 14, 2013 1:53 PM
Amy, people can choose who to do business with...
Crid [CridComment at gmail] at April 14, 2013 1:54 PM
It sounds like the hospital violated the law. But the law covers the situation. So as long as the law is enforced, everything should turn out OK, right?
I can't stand this trend in punditry that assumes that we need new laws because people don't follow the old ones. The police don't enforce restrictions on felons owning guns...we need more background checks that won't be enforced! A few financial frauds broke already existing insider trading laws...we must need new, stricter laws that do even more to restrict business activities, even ones that should be legal! The TSA can't do their job and catch people with knives and guns going on planes--we need to give them more power to restrict even more items and rights of airplane passengers!
The fact that a hospital screwed up in handling a civil union doesn't imply that we have to call it marriage; it implies that the hospital needs to be better trained to understand the legal rights of people in a civil union.
Brian at April 14, 2013 5:50 PM
My lady was in the hospital when I came to visit one day. She was drugged out of her mind and was delusional. She thought I was her cheating ex-husband. The nurses asked me to not visit her that day.
This case is that the staff had every right to kick the disruptive parties out of the room, POA or not. Once they were out of the room sorting it out could be done. But the husband's refusal to leave make it into a bad situation.
The security guards pulling the husband out of the room may have been overstepping. But had the brother already left the room? If he hadn't then the husband was in the right. If not then that changes the story.
Jim P. at April 14, 2013 6:01 PM
BunnyGirl: "Something smells fishy with this story."
It sure does. Some significant elements are being left out. This story has about as much to do with homophobia as this other story has to do with racism:
http://www.advicegoddess.com/archives/2013/04/14/racism_or_polic_1.html#comments
Sorry but, under the circumstances, Roger's Power of Attorney did not give him any right or authority to manage or direct Allen's treatment. In fact, an official, government-licensed marriage wouldn't give him any such authority either.
Everybody should be glad about that.
In any case, a POA, marriage license, parental authority, brotherly love, self-righteous indignation or any form of politically correct victim status would not make loud, disruptive behavior acceptable at a patient's bedside.
A few bits of information from two articles in The Advocate:
- Allen has a long history of serious major depression, including several hospitalizations.
- On the day of the events at issue, according to the linked article, Allen was "fading in and out of consciousness." Now, what do you think might have been causing that?
- Allen's brother Lee was unable to contact him and, knowing Allen's history, apparently realized what was happening. He called 911, and police and paramedics went to Allen's house to check on him.
- Based on what paramedics found when they got there, Allen was taken involuntarily to the emergency room.
Based on years of experience that includes working with EMS (fire department), in a hospital ER, and in mental health, I would be willing to bet that one of the elements being left out of the accounts of this unfortunately all-too-common scenario is "OD", as in "suicide attempt".
If that's the case, then beginning at the time Lee called EMS it was unlikely that even Allen had any control over his treatment. The paramedics and police were in charge until they arrived at the ER; and then the doctor was in charge of his treatment, and the nurse was in charge of the milieu - POA notwithstanding.
Often in a life threatening emergency, a patient's loved ones - brother, husband, step-daughter - suffer emotional injuries that are just as severe as the patient's injuries, especially if it's an attempted suicide. Under the circumstances irrational, emotional, disruptive behavior may be understandable and forgivable, but it's still not acceptable. At a patient's bedside, especially in an ER, is no place to engage in a loud argument.
Also, the hospital denied obtaining a restraining order against Roger, and the reporter who investigated the story could not find any record of one. Roger was free to visit Allen in the hospital at his leisure.
Also, as far as I can tell from reading two accounts on The Advocate, the only one alleging homophobia is Roger's daughter. Roger's complaint seems to be that the nurse didn't acknowledge his POA and relationship with Allen. I couldn't find any mention of Allen's point of view.
Ken R at April 14, 2013 6:02 PM
And which of you, of those people, if any, thinks documents substitute for marriage for gays and lesbians?
Posted by: Amy Alkon Author Profile Page at April 14, 2013 6:25 AM
What confers marriage these days anyway? Documents. Civil documents handed out by the state. All marriages are ultimately civil unions.
I'll take Ken's interpretation for the moment as the likely accurate one.
Sio at April 14, 2013 7:12 PM
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