The lack of legal recognition for same-sex couples in Indiana may complicate a wrongful death suit filed by a woman who lost her partner in the stage collapse at the state fair in Indianapolis this month.
Beth Urschel, 49, of Wanatah, Ind., last week filed a wrongful death claim against Mid-America Sound Corp., which owned the structure that collapsed, and several other companies involved in putting on a concert that was to feature the country band Sugarland. Urschel’s partner, Tammy VanDam, 42, died when the stage fell in during a storm August 13, just before the concert was to begin. The two had been together for 10 years and lived with VanDam’s daughter.
Urschel and VanDam had registered as reciprocal beneficiaries in Hawaii nearly a decade ago. That status grants partners limited rights, including the right to sue for wrongful death, but it is not recognized by other states, due to the federal Defense of Marriage Act. Indiana also has its own law banning recognition of same-sex unions from other states.
Kenneth Allen, Urschel’s attorney, told The Huffington Post that he and his client are determined to proceed nonetheless and that he has “a couple of different angles” from which to pursue the case. “No doubt it’s a challenge, but we’re up to it,” he said. “The reality is we can’t just stand idly by and accept this kind of inequity. People should be treated fairly and equitably. This is fundamentally wrong and unfair and I think it’s important for us to try and rectify it.”
Urschel was seriously injured in the stage collapse; she lost part of one foot and has major nerve damage. Seven people died as a result of the accident, including Chicago lesbian activist Christina Santiago. Her partner, Alisha Marie Brennon, suffered severe head and neck injuries but is reported to be recovering.
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