The rigid conventions of mainstream press reporting are nowhere more agonizingly evident than in the reports of President Obama's presidential memorandum on hospital visitation. You can watch the pseudostory deconstruct before your eyes in the LA Times report, which starts out by saying the directive gave same-sex couples a "victory" without having to pick a fight, then accurately but inconsistently reports that it grants no one any new rights or benefits, and goes on to state the truthful fact that even the Catholic Health Association "applauded the move."
This is all there is to the story: The President told hospitals that take Medicare and Medicaid dollars from the federal government (pretty much all of them) that they have to (1) follow existing federal rules that allow patients to designate visitors; and (2) comply with existing regulations that require hospitals to obey state laws about a patient's advance directives and any other legally binding documents the patient might have signed concerning health care matters. In addition, the memorandum (3) solicits "additional recommendations" about what the Department of Health and Human Services can do to respect the rights of gay and lesbian patients and their families. There's no need here to do any more than shoo you over to William Dyer's blog, which does a brilliant job of diagramming the play, doing everything but showing it to you on slow-motion film.
The only thing I'd disagree with Dyer about is his description of the President as a charlatan. Certainly this little saga shows how lazy and credulous the press is - no surprise to any of us who watch Jon Stewart. And it also shows how little it takes to constitute a "victory" for gay rights at the national level.
Nevertheless, there is something here, however minuscule. In fact, there have been cases where hospitals have ignored the legally binding documents that same-sex couples have entered into. I don't imagine this happens a lot any more, but every time it does, it is the most sickening, tangible kind of bigotry.
In a hospital, heterosexual relationships can be, and usually are taken on faith. In an emergency room, the statement, "I am her husband," will not require much, if any, proof. In less extreme settings, the relationship will almost certainly be part of the patient's ordinary medical records. A glance at the computer is all the confirmation anyone needs.
But while heterosexual couples can opt-in to the legal netherworld of the unmarried, same-sex couples get that as their default. The modern movement to allow a non-spouse legally binding power of medical decisionmaking disproportionately helps same-sex couples, but only to the extent they (a) have taken the appropriate steps, and (b) find themselves in a setting where someone will bother to acknowledge that legal power. None of this would be necessary if they were simply allowed the right any other couple has to get married in the first place.
The President's memorandum says that, yes, the federal government does mean it when it says that hospitals accepting government money must obey the law, both state and federal - and that includes giving proper effect to legal documents. That is one of the things a President can do. Among the hundreds of thousands, or millions of laws on the books that go unenforced or even unnoticed every blessed day, a President can focus in on a few that he views as significant in their invisibility.
The President's memorandum doesn't do much more than that. But it says a great deal that such a routine and bloodless action warrants headlines.