Second-class status guarantees second-class legal standing:
Clay Greene, a 78-year-old gay man, said Sonoma County forced him and his 88-year-old partner into separate nursing homes, denied the couple's relationship, sold off their possessions and kept them apart until the partner died.
The county denied violating the men's rights. But on Friday, Greene's lawyers said the county and a nursing home had agreed to a $653,000 settlement with Greene and the estate of Harold Scull, his partner of 20 years.
"This victory sends an unmistakable message that all elders must be treated with respect and dignity, regardless of their sexual orientation, and that those who mistreat elders must be held accountable," said attorney Amy Todd-Gher of the National Center for Lesbian Rights in San Francisco, which represented Greene.
The county said it agreed to the settlement to avoid the expense of a trial. There was no "credible evidence of discrimination or misconduct," the county Human Services Department said in a statement.
Scull was hospitalized in April 2008. Greene said his partner fell down the front steps of their Sebastopol home. The county public guardian's office said Scull accused Greene of domestic violence, an allegation disputed by Greene's lawyers and a representative of Scull's estate.
According to the lawsuit, the public guardian's office went to court to obtain conservatorship of Scull, whose mental health was deteriorating, and described Greene in court papers as Scull's roommate, ignoring the powers of attorney both men had signed.
After moving Scull to an assisted living facility, the guardian's office had Greene confined in a nursing home, falsely describing him as demented and referring to him in his presence as a "crazy old man," the suit said.
County officials proceeded to terminate the men's lease on their home and auction off all their possessions, including art works, furniture, heirlooms and their bank accounts, the suit said.
Scull died in August 2008. Greene's lawyers said the partners never saw one another after they were separated.
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