1991), is a Minnesota Court of Appeals case that established a lesbian's partner as her legal guardian after Sharon Kowalski became incapacitated following a traffic collision.
Sharon Kowalski, a high school teacher of physical education and health, lived with her partner, Karen Thompson (born 1947), in St.
Although Kowalski's parents were not aware of the relationship at the time, the couple had exchanged rings and named one another as insurance policy beneficiaries.
On November 13, 1983, Kowalski suffered severe brain injuries in an automobile accident involving a drunk driver.
Donald Kowalski told an interviewer: "Karen Thompson kicked herself out of there by being so aggressive and by driving Sharon into a deep depression.
In March 1989, Thompson published a book about her experience with co-author Dr. Julie Andrzejewski, titled Why Can't Sharon Kowalski Come Home?
[3] Judge Robert Campbell of the St. Louis County District Court in Duluth, Minnesota, denied Thompson's petition on April 19, 1991, and named Tomberlin as Sharon's guardian.
Thompson attorney commented: "This seems to be the first guardianship case in the nation in which an appeals court recognized a homosexual partner's rights as tantamount to those of a spouse".
It said: "All the medical testimony established that Sharon has the capacity reliably to express a preference in this case, and she has clearly chosen to return home with Thompson if possible.
[6] The American Bar Association's Journal reported the decision under the heading: "Gay-Rights Victory: Minnesota woman named guardian of her disabled lesbian lover".
[7] A video, Lifetime Commitment: A Portrait of Karen Thompson, was produced in 1994,[8] and three plays have been based on Kowalski's case.
[9] The case also highlighted the importance of durable power of attorney and other legal strategies for homosexual couples wishing to establish guardianship rights in comparable situations.
[10][11] The first Disability Pride Parade in the United States was held in Boston in 1990, and the featured speaker was Karen Thompson.