The mother of a gay Alabama man who died in a car accident shortly after marrying a man in Massachusetts is fighting his husband in court for her sonâ€™s property rights.
The Foundation for Moral Law in Montgomery announced that it will represent Pat Fancher, who is fighting for the damages that stemmed from a wrongful death case over David Fancherâ€™s death. Alabama law dictates that the next-of-kin is to receive the funds from a wrongful death case. As Pat Fancher is the victimâ€™s only surviving parent, she believes she is entitled to the money. But Dr. Paul Hard, David Fancherâ€™s husband of three months at the time of his death, says he is entitled to well over half.
The Foundation for Moral Law said in a statement that the victimâ€™s mother reached out to them because she found that Hard wanted to claim the damages by overturning Alabamaâ€™s constitutional marriage amendment and "promoting homosexual marriage."
"We are humbled to represent Ms. Fancher as her legal counsel in this matter," the Foundation wrote. "We filed a motion to intervene alongside the Attorney Generalâ€™s office as a party in Hard v. Bentley and we are pleased to announce that motion was granted Monday, March 31 of this week."
Pat Fancher also released her own statement.
â€śI am a devout Christian and I am deeply disturbed that the death of my son David is being used by Dr. Paul Hard to advance the cause of same-sex marriage,â€ť she wrote. â€śI did not agree with all of the decisions that my son made, but I loved him very much and we always had a good relationship. It is wrong for Davidâ€™s death to be used in this manner.â€ť
Hard, who filed the federal wrongful death suit, described the trials he went through when his husband was struck by a truck while driving to work, simply because his marriage to Fancher was not recognized in Alabama.
Hard was provided no information about his husbandâ€™s condition at the hospital since he was not considered â€śfamily,â€ť only learning about Fancherâ€™s death half an hour after the fact. He is still trying to get Fancherâ€™s death certificate changed to indicate that he was married.
"If I can spare one other person that kind of indignity and hurt, I would do it," Hard said after filing his lawsuit. "If I can let people know how this law unjustly and cruelly affects people, I will do it. And ultimately I hope that these laws are overturned so that it no longer can give folks permission to treat Americans as second-class citizens."