The story of Mark Goldberg, a retired New York neurologist, underscores the harsh reality that despite years of progress, LGBTQ+ individuals still face significant barriers even in death. Goldberg is suing New Montefiore Cemetery, a Jewish burial ground in Babylon, New York, for refusing to allow the burial of his late husband, David. The couple, who had been married for years before David’s death in September, had long planned for their final resting place in a family-owned plot at the cemetery.
Goldberg’s family holds five plots at New Montefiore, two of which remain unused. When Goldberg attempted to bury his husband in one of these vacant spaces, cemetery administrators allegedly rejected the request, citing the couple’s same-sex marriage as the reason for the refusal. Goldberg is now suing the cemetery for breach of contract and emotional distress. The lawsuit, filed in New York state court, demands a court order for the burial to take place and seeks damages for the harm caused.
This case sheds light on a troubling trend of discrimination faced by LGBTQ+ individuals in funeral and burial matters. While marriage equality in the United States has been a landmark victory for LGBTQ+ rights, instances like Goldberg’s show that the battle for dignity and equal treatment is far from over. The refusal of New Montefiore Cemetery to honor a legal marriage reveals a deep-seated prejudice that transcends public policies. The cemetery does not specifically ban LGBTQ+ individuals in its regulations, but its actions suggest that the couple’s same-sex union was the real reason for denial.
Discrimination in death for LGBTQ+ people is not new. A 2017 case in Mississippi, where a funeral home refused to cremate a man because of his same-sex marriage, further highlights the pervasive nature of these issues. In religious and private cemeteries, LGBTQ+ individuals often face additional obstacles to having their loved ones buried alongside them, even when marriage equality is legally upheld.
Goldberg’s case is a reminder that the fight for LGBTQ+ rights extends beyond the realms of employment, education, and healthcare, touching even the most intimate aspects of life—death. For the LGBTQ+ community, it is an ongoing struggle for dignity, respect, and equality, and Goldberg’s brave stand against such discrimination may pave the way for others to demand the same rights.