The mother of a gay man who died in a car accident is demanding a federal court award her her son-in-law’s share of the proceeds from a wrongful death lawsuit.

In May of 2011, 53-year old David FancherÂ married Paul Hard, 55, in Massachusetts. Less than three months later, David Fancher (photo, right, with Paul) was tragically killed in an auto accident. Because the couple lived in Alabama, their legal civil marriageÂ was not recognized by the state. Dr. Hard filed suit to have his husband’s death certificate list him as his legal spouse, to which his mother-in-law has been greatly opposed.

While the case has been working its way through the legal system, Pat Fancher, David’s mother, obtained the services ofÂ theÂ Foundation for Moral Law, founded by Alabama Supreme Court Chief Justice Roy Moore.

Mrs. Fancher had her attorneys last year file an amicus brief with the U.S. Supreme Court.

“Ms. Fancher,” a motion filed by theÂ Foundation for Moral LawÂ claims, “and most Alabamians believe traditional marriage is the cornerstone ofÂ family, and consequently, of all society.Â If ourÂ civilization redefinesÂ Godâ€™s intendedÂ purpose and role for family, it will weaken the very foundations of our nation.”

And, of course, Ms. Fancher’s expected bank balance.

Today, Ms. Fancher’s attorneys filed a motion to dismiss Dr. Hard’s claims, and award her the proceeds of a wrongful death suit that should be shared with the surviving spouse, which Alabama does not currently recognize as Dr. Hard.

Fancher likely is acting fast because on Monday, unless the U.S. Supreme Court steps in, same-sex marriage will become legal in Alabama, and Dr. Hard will request the state recognize his marriage, depriving Ms. Fancher of the cash she has been counting on.

The motion notes if he isÂ successful it “would greatly upsetÂ Defendant Pat Fancher’s status in the matterÂ before this Court.”

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Editor’s note: This article has been updated to clarify what Ms. Fancher is requesting.

Image of David Fancher and Paul Hard viaÂ Google+

Hat tip: Equality Case Files

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