The National Center for Lesbian Rights (NCLR) has sprung to the defense of Jennifer Tobits, a recent widow who is engaged in a courtroom battle with the parents of her deceased wife, Ellyn Farley, for her estate and employer benefits. Farley’s parents, who refused to recognize the couples’ marriage, brought the matter to court shortly after their daughter’s death claiming sole rights to her estate.
With the help of the NCLR, Tobits responded by filing court documents to defend her status as a surviving spouse in hopes of legitimating her rights to Farley’s estate. Tobits commented on her struggle to deal with both her loss and the ongoing court proceeding, stating, “Ellyn was the love of my life. No one should have to experience the pain of losing the person who means the most to you, only to face a shocking and hostile challenge to your marriage—your commitment, your life together, and everything you built as a couple.”
Tobits and Farley were married in Toronto, Canada in 2006, and learned just weeks after their nuptials that Farley was ill with an aggressive form of cancer. For four years, Farley fought the disease bravely with her wife by her side, until September 2010 when she passed away at age 37. Farley reportedly expressed concern in the days before her death that her parents might take action against Tobits to ensure that she would not inherit her estate.
NCLR Legal Director Shannon Minter stated that the organization is convinced that the courts will make the right decision and grant Tobits her wife’s estate.
“When Ellyn was alive, her parents refused to respect her identity or to acknowledge her marriage,” Minter said. “Now they are continuing to try to erase who she was and to pretend her relationship with Jennifer never existed. “We are confident the courts will not let that happen.”
Other readers and I would be better served were we told in which court this case is being tried in.