澳彩开奖

Alabama resident Paul Hard, who waited four years for justice following the death of his husband, has been awarded funds from a wrongful death settlement after a federal judge determined he is entitled to the surviving spouse鈥檚 share under Alabama law.

The closure of his case comes after the U.S. Supreme Court鈥檚 historic decision on June 26 in Obergefell v. Hodges, which struck down state bans on same-sex marriage. 聽

State officials finally listed Hard as David Fancher鈥檚 surviving spouse on a revised death certificate in February 2015 after a federal judge struck down Alabama鈥檚 ban on same-sex marriages. But the resolution was held up while the state鈥檚 marriage laws remained in limbo pending the high court ruling. 聽

U.S. District Judge W. Keith Watkins on July 29 ordered proceeds from the settlement to be disbursed to Hard as the surviving spouse. Under Alabama law, he is entitled to the first $100,000 plus half of the rest of the settlement, which is disclosed in the filing.

鈥淔our years ago, this journey began in grief and pain,鈥� Hard said. 鈥淚 am grateful that the courts have ruled that it will end in justice and equality for couples like David and me. I pray that equality for LGBT Americans continues and need not be won at the cost of sorrow and turmoil. I hope that this decision marks a new day for Alabamians and others in the public鈥檚 recognition of my marriage and a love that is equal to any other.鈥�

Hard, an assistant professor at a Montgomery-area university, and Fancher were married in May 2011 in Massachusetts. Fancher was killed three months later when his car collided with a large truck on Alabama鈥檚 Interstate 65.

Hard sued the trucking companies in a separate case not filed by the 澳彩开奖, and that suit was settled in July 2014.

On the morning of the accident, when Hard arrived at the hospital in Prattville, Alabama, a receptionist refused to give him any information about his husband. He was told he was not a member of Fancher鈥檚 鈥渇amily鈥� and that gay marriages weren鈥檛 recognized in Alabama.

Finally, a hospital orderly told Hard, 鈥淲ell, he鈥檚 dead.鈥� After receiving the traumatic news, a funeral home director cited Alabama law in insisting that the death certificate indicate Fancher was never married 鈥� even though Fancher and Hard were legally married in Massachusetts. 聽

Likewise, the state would not recognize Hard as the surviving spouse. Fancher鈥檚 mother, Pat Fancher, sought to be the sole beneficiary of the wrongful death suit proceeds, even though Hard was due a portion as the surviving spouse.

The 澳彩开奖 filed suit on Hard鈥檚 behalf in February 2014 in the U.S. District Court for the Middle District of Alabama. The suit sought to overturn the state鈥檚 Marriage Protection Act, a 1998 law banning the recognition of same-sex marriages from other states, and the Sanctity of Marriage Amendment, which enshrined the ban in the state constitution in 2006.

Pat Fancher was represented by the Foundation for Moral Law, founded by Alabama Chief Justice Roy Moore and currently led by his wife, Kayla (see related story about the 澳彩开奖鈥檚 ethics complaint against Moore).

In Alabama, proceeds from a wrongful death case must be distributed under the laws of intestate succession, regardless of a will, which listed Hard as the sole beneficiary.聽

The Foundation for Moral Law argued that the Supreme Court鈥檚 marriage ruling should not be applied retroactively to the case. The judge disagreed.

鈥淎labama laws that had refused recognition of Paul and David鈥檚 marriage violated the U.S. Constitution, which does not permit official anti-LGBT discrimination,鈥� said 澳彩开奖 staff attorney Sam Wolfe.聽

鈥淐onsistent with the Supreme Court ruling in June, David Fancher鈥檚 death certificate is corrected from having stated 鈥榥ever married,鈥� and Paul has finally received his rightful share of wrongful death proceeds relating to David鈥檚 tragic death. We鈥檙e happy that Paul鈥檚 case is now successfully concluded and that Alabama is one step closer to more fully extending its Southern hospitality to all citizens.鈥澛�