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A Chicago woman who lost her same-sex partner in a tragic stage collapse accident in Indiana has filed a wrongful death lawsuit in the state to seek damages, her attorney announced today.
Although Alisha Brennon and Christina Santiago entered into a legal civil union in Chicago in June, their partnership is not recognized across the state line. That means the Indiana courts will have to determine whether Brennon has a legal right to seek compensation in Santiago’s death, experts said.
The wrongful death lawsuit highlights just how the rights for gay and lesbian couples vary from state to state and how same-sex couples are treated unfairly in the legal system, said Brennon’s attorney Kenneth J. Allen.
“I think the boldest inequality is the discrimination against gay and lesbian couples,” said Allen, who filed the lawsuit for his client in Marion County in Indianapolis. “It’s egregious that in Illinois, and other states, your union is recognized and you are treated with some measure of equality. And you travel across the border and become a nonperson.”
Brennon and Santiago were among the first couples in Illinois to enter into a civil union when the partnerships became legal in June, Allen said.
They were attending a Sugarland concert in Indianapolis in August when the stage collapsed, killing at least four people and injuring dozens.
Santiago died in the accident and Brennon was hurt, Allen said. Brennon is recovering from her physical injuries but struggling to heal from the loss of her partner, he said.
“They married at the first opportunity for couples to be recognized,” Allen said. “They intended to support each other for the rest of their lives.”
Five states, including Illinois, have civil union laws that give same-sex couples the same legal rights and benefits as heterosexual couples.
In Indiana, same sex partnerships are not recognized.
“These plaintiffs are going to have a hard time in Indiana because Indiana law does not recognize their relationships,” said Andrew M. Koppelman, a law and political science professor at Northwestern University.
