In Kowalski's reappraisal <478 NW2d 790 (Minn.Ct. App. 1991), is a Minnesota Court of Appeals case that sets lesbian partners as their legal guardian after Sharon Kowalski becomes paralyzed after car accident. Because the case was contested by Kowalski's parents and family and initially resulted in the couple being expelled for several years from visiting Kowalski, the gay community celebrated a final resolution that favored the couple as a victory for gay rights.
Video In re Guardianship of Kowalski
Previous facts and history
Sharon Kowalski, a high school teacher in physical education and health, lives with her partner, Karen Thompson (born 1947), at St. Cloud, Minnesota, for about four years. Although Kowalski's parents were unaware of the relationship at the time, the couple exchanged rings and named each other as beneficiaries of the insurance policy. On 13 November 1983, Kowalski suffered a severe brain injury in a car accident involving a drunk driver. Injuries leave Kowalski with permanent physical disabilities, requiring him to remain in a wheelchair, and the mental capacity of children aged four to six years.
Both Thompson's father and Sharon Kowalski, Donald Kowalski, petitioned to be named the legal guardian of Sharon Kowalski in March 1984. With the understanding that he would have the right to visit, Thompson agreed that Donald Kowalski would be named Sharon Kowalski's guardian. The court trust order, issued in July 1985, gave Donald complete control of the visit. On July 25, 1985, Donald interrupted Thompson's visit rights and transferred Sharon from a nursing home near Thompson's home to one of five hours' journey. Thompson appealed the order, but the appeals court initially affirmed the order, citing testimony by the Sharon family and nursing home staff that Sharon looked depressed and sad after her visit with Thompson and postulated that it would be in Kowalski's best interests to stop Thompson's visit. In a letter to the court, family doctor Kowalski writes: "A visit by Karen Thompson will currently expose Sharon Kowalski to a high risk of sexual harassment." Donald Kowalski told an interviewer: "Karen Thompson kicked herself out of there by being very aggressive and by pushing Sharon into deep depression She told Sharon that she was arrested, that she was in a dangerous environment. talk and you lie there, does not that make you depressed? "He denies his daughter is a lesbian.
Several groups of gay rights and civil liberties joined Thompson in his attempt to restore his visitation rights and obtain guardianship. Public awareness of the case was heightened by local and international publicity, including fundraising concerts by singer and songwriter Ann Reed. The event in 21 cities marked "Sharon Kowalski National Free Day" in August 1988. Thomas B. Stoddard, executive director of Lambda Legal, a LGBT gay rights advocacy group, commented: "no other cases approach this symbolically.". He said the case "has touched the deepest nerves in the gay community across the United States for triggering the two deepest fears of every gay person: a battle between loved ones and the rejection of personal desires."
In May 1988, a federal judge asked a specialist to undertake a study of Sharon to determine if she had enough mental capacity to express her wishes with regard to the visit, and, if so, to determine what she wanted. During the evaluation process, Thompson was allowed to visit Sharon for the first time in years. The Miller-Dwan Medical Center Specialist determined that Sharon did have the capacity to do so, and based on their understanding of the hope Sharon Thompson was allowed to continue the limited visit in January 1989. In March 1989, Thompson published a book about his experiences with his colleagues. - Author Dr Julie Andrzejewski, titled Why Can not Sharon Kowalski Come Home?
At the end of 1988, due to his deteriorating health, Donald Kowalski asked the court to appoint a new guardian. Thompson filed an indisputable petition to be named as Sharon's replacement guardian in August 1989. The petition hearing was held in August 1990. Because a Kowalski family friend, Karen Tomberlin, had contacted Sharon's lawyer requesting to testify against Thompson's guardianship, Thomson's guardianship petition was able to conduct a trial of proof. At the hearing, Thompson summoned sixteen medical witnesses who testified about Sharon's mental state, his interactions with Thompson, and his preference for visits. Three witnesses opposed Thompson's guardianship; Sharon's sister, Tomberlin, and other family friends, also testified. Donald Kowalski told the court that he and his wife would not visit their daughter if Thompson became guardian.
Judge Robert Campbell from St. Louis in Duluth, Minnesota, rejected Thompson's appeal on April 19, 1991, and named Tomberlin as Sharon's guardian. He wrote that Thompson "has demonstrated commitment and devotion to the well-being of Sharon Kowalski" and that he acknowledges his contribution to Sharon's therapy and counseling and understanding of "his medical, material and social needs." He expressed the wish of Sharon Kowalski himself: "In the last two years, when asked where he wants to stay, Sharon consistently says, 'St. Cloud with Karen.'" He counted against Thompson's petition about his expression of Sharon's sexual orientation. " world without Sharon's consent "and the fact that Thompson has established" another domestic partnership "since Sharon's accident. Thomas B. Stoddard, executive director of the Lambda Legal Defense Fund, called the decision "a deep violation not only for all lesbians and gay men, but for all Americans who choose their spouses and households on their own terms and not the rule of law which is enforced. " by society. "He said:" Sharon chose her family. But the judge disagrees, so he imposed his own vision on him. "
Maps In re Guardianship of Kowalski
Casing
The Minnesota Appeals Court ruled in favor of Thompson on December 17, 1991. Thompson's lawyer commented: "This seems to be the first case of trust in the country where the appeals court recognizes the right of the homosexual couple as the same rights as the spouse".
The court begins its analysis by citing applicable guardianship laws, which stipulates that the court must make a trust decision based on the best interests of the environment. "The best interests of the environment" is defined in the law, but it requires the court to consider the reasonable preference of the ward or preserve if preference can be determined.
With the law in mind, the court stated that Sharon Kowalski had expressed a clear preference for Thompson to be his guardian, citing a study by the Miller-Dwan specialist. The court noted that three witnesses opposed to Thompson's appointment were all lay witnesses without medical training. With regard to Thompson's qualifications to serve as trustee, the court stated that the testimony of several witnesses determined that Thompson had been loving and caring when dealing with Sharon and was able to care for her every day. Finally, the court expressed the lower court's concern that Thompson involves Sharon in some gay and lesbian public events - the case has attracted considerable media attention - that his family testified that he might not choose to attend. The court said that the lower court's confidence in this in its guardianship decision was misdirected, because the records indicate that Sharon enjoyed these events and even received an award at a national organization for women's meetings.
The Court concluded that while the trial court had widespread discretion in guardianship, the court abused its policy in this case by refusing Thompson's plea against substantial evidence. It removed Tomberlin from the trust of Sharon Kowalski and appointed Thompson in its place. It said: "All medical testimonies establish that Sharon has a credible ability to express preferences in this case, and she has clearly chosen to return home with Thompson if possible.This choice is further supported by the fact that Thompson and Sharon are close family, who should be respected. "
Decision effect
Kowalski's decision was seen as a victory for gay rights by the gay community. The American Bar Association's Journal reported the decision under the heading: "Gay-Rights Victory: Minnesota lady named her damaged lesbian lover's guardian".
The video, Lifetime Commitment: Portrait of Karen Thompson , was produced in 1994, and three dramas were based on the Kowalski case. The case also highlights the importance of the strength of long-lasting lawyers and other legal strategies for homosexual couples who want to establish custody rights in comparable situations.
The first Pride Disability Parade in the United States was held in Boston in 1990, and the main speaker was Karen Thompson.
Karen Thompson received several awards for his work to achieve LGBT equality, including 2012, "100 Loving Ladies" from Go Magazine, Liberty Award from Lambda Legal Defense and Education Fund, and 1989 Humanitarian Awards Annual of the American Psychological Association. Together Thompson and Sharon Kowalski received the 1990 Woman of Courage Award from the National Women's Organization, 1991 Feminist of the Year Award of the Feminist Majority Foundation, and 1990 Awarded Changes from the National Gay and Lesbian Task Force. In 2013, Thompson still made a public appearance to discuss the case and the issues it raised.
References
- Casey Charles, Case of Sharon Kowalski: Lesbian Rights and Gay at Court (University of Press of Kansas 2003) ISBNÃ, 0-7006-1266-1
External links
- "In Kowalski's Redemption", Minnesota Court of Appeals, December 17, 1991
- "In Kowalski's Guardianship", review rejected, Minnesota High Court, October 17, 1986
- "In Kowalski's Reaffirm", review denied, Minnesota Superior Court, April 18, 1986
- Nan D. Hunter, "Sexual and Family Differences: The Case of Sharon a Kowalski", in Lisa Duggan and Nan D. Hunter, eds., Sex War: Sexual Differences and Political Cultures (Routledge, 2006)
- GLBTQ article in case
- Karen D. Thompson's website
Source of the article : Wikipedia
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