June 17, 2009

President Barack Obama signs a presidential memorandum allowing hospital visits and medical decision-making rights for same-sex couples, an important step towards the legalization of same-sex marriage and equal rights in the United States.


Washington, D.C., United States | Office of the President of the United States

Watercolor painting based depiction of President Barack Obama signs a presidential memorandum allowing hospital visits and medical decision-making rights for same-sex couples, an important step towards the legalization of same-sex marriage and equal rights in the United States. (2009)

Presidential Memorandum on Hospital Visitation Rights

On April 15, 2010, President Barack Obama signed a presidential memorandum that addressed significant healthcare inequalities faced by same-sex couples. This memorandum was not signed on June 17, 2009; rather, the specified date does not align with the issuance of this particular memorandum.

Context

Prior to this memorandum, hospital policies in the United States often restricted visitation rights, primarily allowing visits from immediate family members as defined by traditional standards. This policy inadvertently discriminated against same-sex couples, who were not universally recognized as family by law, thereby preventing partners from being with each other during medical emergencies or from making critical healthcare decisions.

Provisions of the Memorandum

  • Expanded Hospital Visitation Rights: The memorandum directed the Department of Health and Human Services (HHS) to develop new rules requiring all hospitals participating in Medicare or Medicaid to allow patients to designate visitors of their choosing, including same-sex partners.

  • Healthcare Proxy Rights: It affirmed patients’ rights to designate individuals, irrespective of sexual orientation, who could make medical decisions on their behalf if they were incapacitated.

Broader Significance

  • Advocacy and Policy Change: This memorandum represented a significant step in the Obama administration’s broader agenda to advance LGBT rights. It highlighted a commitment to addressing inequalities in healthcare and paved the way for further policy changes promoting equality.

  • Cultural and Legal Impact: It was praised by LGBT advocacy groups as a crucial move towards federally recognizing same-sex partnerships, eventually contributing to the broader movement that culminated in the nationwide legalization of same-sex marriage with the U.S. Supreme Court’s decision in Obergefell v. Hodges in June 2015.

The presidential memorandum did not mark the full legalization of same-sex marriage but served as an important milestone in the ongoing struggle for equal rights and recognition of same-sex couples in the United States.