“When I found his body I was distraught, disoriented and overwhelmed – what followed made the situation worse than I could possibly have imagined.”

– Ben Jago

“As long as the Marriage Act says same-sex relationships don’t matter, the existing legal rights of same-sex couples will be easier to disregard.”

– Rodney Croome

Authorities failed to recognise same-sex partner as next of kin.
He was denied ability to say goodbye to his deceased partner’s body, funeral did not recognise their relationship.
Anti-discrimination case lodged.
Case shows urgent need for marriage equality.

Australian Marriage Equality National Director, Rodney Croome today called for the Commonwealth Parliament to urgently act on marriage equality to ensure all Australians were equal under the law, regardless of their sexuality.

The call comes as Ben Jago, a resident of Hobart told his story about the death of his partner, Nathan and how despite their rights as de facto partners, he was not recognised as the next of kin or allowed to have any say in his partner’s funeral – during which their relationship was not even recognised or mentioned.

Writing in today’s edition of the Launceston Examiner, Mr Jago said he felt that he was treated like his relationship with Nathan meant nothing.

“Nathan was my soul mate and I feel I had a connection with him I will never have with anyone else again,” Mr Jago said.

“When I found his body I was distraught, disoriented and overwhelmed – what followed made the situation worse than I could possibly have imagined.”

Mr Jago was denied access to view the body of his partner, not informed of the details of the funeral, excluded from funeral planning and was unable to honour his partner’s wishes to be cremated in Hobart.

“I didn’t know it then, but under Tasmanian law I was deemed to be Nathan’s significant partner and next-of-kin, even without registering our relationship,” Mr Jago said.

“It is not enough to be deemed a “significant”, “de facto” or “registered” partner when this can be ignored by people in authority.”

Mr Jago has lodged a case with the Tasmanian Anti-Discrimination Commission against the Tasmanian Coroner’s Office and the Tasmania Police for disregarding his legal rights as a same-sex partner.

Australian Marriage Equality national director, Rodney Croome, congratulated Mr Jago for speaking out and urged MPs who are undecided about marriage equality to read his story.

“Every day I hear politicians dismiss the need for marriage equality because they believe the recognition of same-sex partners as de facto partners is enough,” Mr Croome said.

“As Ben’s story shows it is still too easy for officials to treat us as if we have no spousal rights at all and marriage equality will make a difference to this.”

“We will write to all federal MPs and Senators familiarising them with Ben’s case and how it illustrates the need for marriage equality.”

As one of the leading advocates for the recognition of same-sex couples in his home state of Tasmania twelve years ago, Mr Croome said Mr Jago’s story left him disappointed and angry.

“I still find it hard to believe Tasmanian officials could so blatantly disregard a law we fought so hard for,” Mr Croome said.

“I felt like I had failed until I realised the failure lay with the Federal Government for perpetuating discrimination in the ultimate relationship law, the Marriage Act.”

“As long as the Marriage Act says same-sex relationships don’t matter, the existing legal rights of same-sex couples will be easier to disregard.”

For a news report outlining Ben’s story click here

For a copy of Ben Jago’s story in his own words click here

For photos of Ben, including one with his mother, Keren, click here.

Further inquiries Rodney Croome on 0409 010 668.

Author: Rodney Croome
Publication: AME Media Release
Date: 7 November 2015