Widower Files Discrimination Lawsuit Against Cemetery for Denying Husband's Burial

A Jewish cemetery located in Long Island, New York, is currently facing a lawsuit on allegations of discrimination. The case arises from their refusal to allow a man to bury his deceased husband in a family-owned plot, according to legal documents filed recently.

Mark Goldberg, a retired neurologist residing in New York, had been married to his husband, David Goldberg, for several years. Tragically, David passed away in September last year, at the age of 75. He had previously worked as an addiction counselor, dedicating his life to helping others.

Family Burial Plot Denied

Mark’s family holds the ownership of five burial plots at the New Montefiore Cemetery in West Babylon, New York. Notably, two of these plots remain unoccupied. Despite this availability, cemetery administrators have reportedly denied Mark's request to inter his husband in one of these plots. According to Mark, this refusal stems from the fact that their marriage is a same-sex union, which he believes should not be a barrier.

Mark has taken legal action against the cemetery, accusing them of breaching contractual rights. The lawsuit seeks both a formal court order to allow his husband’s burial in the plot and financial compensation for the emotional and financial distress this situation has caused him.

The cemetery, a resting place for many notable figures, including Ramones drummer Tommy Ramone and former New York City Mayor Abe Beame, follows specific rules and regulations for burials. While it is a Jewish cemetery, requiring those buried to be of the Hebrew faith, it does not expressly prohibit members of the LGBTQ+ community from being laid to rest there. This omission has become a focal point in Mark's case, as he argues there is no official policy that should exclude his husband based on their marriage.

Precedents of Discrimination

The discriminatory practices faced by LGBTQ+ individuals in burial situations are not isolated. Earlier this year, an incident in Houston, Texas, highlighted similar issues. An Islamic funeral home there denied burial rites to a young Muslim man due to his sexual orientation. The bereaved family was forced to perform funeral rites in a parking lot before urgently seeking another burial site that would accept their son, highlighting the widespread challenge of posthumous discrimination.

Current Legal Proceedings

In the ongoing case against New Montefiore Cemetery, the cemetery's legal team has requested a formal complaint. Mark Goldberg has been given a deadline to provide a detailed account of the events leading to the lawsuit. As the case progresses, both parties have refrained from making public statements, citing the early stages of litigation as the reason. Joy Margolis, an administrator at the cemetery, declined to comment when approached for a statement, while Mark's attorney, Donald David, emphasized the importance of not discussing ongoing legal matters prematurely.

Community and Legal Implications

The outcome of this lawsuit could have significant implications for the LGBTQ+ community, particularly in how burial rights are protected and defined under the law. The case underscores the ongoing challenges faced by same-sex couples in securing equal rights and recognition, even after death. It raises crucial questions about the intersection of religious practices, contractual rights, and anti-discrimination laws.

The situation also highlights the need for continued advocacy and legal reform to protect the rights of LGBTQ+ individuals in all aspects of life and death. As Mark Goldberg awaits the court’s decision, the case serves as a poignant reminder of the broader issues of equality and justice for marginalized communities.

Mark Goldberg, along with his supporters in the LGBTQ+ community, continues to advocate for his rights and the rights of others in similar situations. The case not only seeks to resolve a personal grievance but also to set a precedent that will support the fight against discrimination in all its forms.

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