Funeral home denies service to gay man

HOUSTON -- A funeral home in Houston has told a gay man he has no rights in making final arrangements for his partner.

David Diehl, 46, said he was stunned when a male employee at the Garden Oaks Funeral Home in southwest Houston told him its policy was to refuse potential customers who were gay.

"He told me his boss would not let him extend me service. I had no rights."

Diehl had gone to the funeral home to organize a cremation service for his later partner of 10 years, Bobbie Blanton.

Blanton had designated in a will and in a separate legal directive that he wanted Diehl to control the disposition of his remains.

Texas law does not recognize gay partnerships. State law requires funeral homes to know they are dealing with next of kin or a designated representative.

The Texas Health and Safety Code says just one of these legal documents would be enough to allow Diehl to legally request the cremation.

Diehl said he will ask state regulators to investigate.

Another funeral home accepted Blanton's directive and allowed Diehl to have his partner's body cremated.

Ed Kubicek, chief of enforcement for the Texas Funeral Service Commission, said he doesn't know if the commission will be able to do anything to help Diehl.

"Though this is a regulated industry, it still is a business. Like `no shirt, no shoes, no service,' you have the right to refuse service."