Fridae

In the last 14 months, Sharon Smith, Diane Whipples' partner of seven years, has appeared on national television and has spoken at rallies and marches about gay and lesbian rights.

Although the 36-yer-old has never been involved in San Francisco's politically active gay and lesbian community, she made the decision to file her Wrongful Death action to legally hold defendants accountable for their negligence and recklessness in a landmark case.

Never before had a surviving same-sex partner been legally recognised as a spouse entitled to bring such an action. Under current California law, only spouses, children or parents are entitled the right to bring wrongful death actions.

With the help of the National Center for Lesbian Rights (NCLR), Smith challenged the ruling.

On August 9, 2001, San Francisco Superior Court Judge A. James Robertson II issued a tremendous victory for gays and lesbians, holding that Smith can proceed to trial in her lawsuit for the wrongful death of her same-sex partner, a decision that garnered national attention.

This ruling marks the first time in the country a court has held that excluding all same-sex partners from the right to bring a wrongful death suit violates the constitutional principle of equal protection.

Smith said Whipple was a fighter, and Smith knew she had to fight too. She told the LATimes that the toughest time for then was when Whipple was diagnosed with thyroid cancer, a few years after meeting through a friend in 1994.

They had hit off right away and moved in together in Palo Alto a few months later. Originally from the East Coast, they had planned to spend the rest of their lives in California and talked about raising children together.

"I wanted everyone to know that our relationship was real� My loss is real. I'm going to hold them accountable. I am not going to just sit here quietly and just let this go," said Smith, who is on leave from her job as a regional vice president at the brokerage firm Charles Schwab.

"When I think about everything that happened in 2001, I think 10 years must have passed."

Her case against the dog owners will continue after the conclusion of the criminal proceedings against the dog owners.