Langan v. St.

Vincent’s Hospital of New York

802 N.Y.S.2d 476 (N.Y. App. Div. 2005)

Facts: Neil Conrad Spicehandler and John Langan were same-sex couple who entered into a civil union in
November 2000 in Vermont. Neil figured into an accident in New York and as brought to the St.
Vincent’s Hospital of New York where he died. John sued the hospital for Neil’s death. The defendant
hospital moved to dismiss on the ground that Langan had no standing to institute the case, not being a
surviving spouse.

Issue: Whether or not Langan had a standing as a surviving spouse to sue the defendant hospital.

Held: NO. The class of distributees that may maintain an action for the recovery of damages for
wrongful act, neglect or default which caused the decedent’s death includes the surviving spouse. At the
time of the drafting of the relevant statutes, the thought that the surviving spouse would be of the same
sex as the decedent was simply inconceivable.

In Matter of Cooper, the Court ruled that the term “surviving spouse” did not include same-sex life
partners and that purported homosexual marriages do not give rise to any rights… pursuant to… EPTL 5-
1.1 and that no constitutional rights have been abrogated or violated in so holding.

In Baker v. State, the Vermont Legislature went to great pains to expressly decline to place civil unions
and marriage on an identical basis. Vermont Legislature refused to alter traditional concepts of marriage
(i.e., limiting the ability to marry to couples of two distinct sexes).