A Jewish cemetery in Long Island, New York is being sued for discrimination after allegedly denying a man’s request to bury his late husband in a family plot at the cemetery, according to a legal filing obtained by The Independent.

Mark Goldberg, a retired neurologist from New York, was married to David Goldberg for many years. David Goldberg passed away in September last year at the age of 75. David formerly worked as an addiction counselor.

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“Somebody just decided that [our marriage] doesn’t count,” the surviving husband said.

Mark’s family owns five burial plots at New Montefiore Cemetery in West Babylon, New York, two of which are currently unoccupied, according to the summons served late last month.

However, cemetery administrators allegedly rejected Mark’s request to bury his husband in one of the plots. The widowed Goldberg claims administrators denied his request because of the couple’s same-sex marriage. 

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He has sued the cemetery for violating their contractual rights. He also claims that the refusal has inflicted both financial and emotional hardship. He now seeks a court order for monetary restitution and fulfillment of his initial request to lay his husband to rest.

New Montefiore Cemetery is noted for being the burial place of many high-profile public figures including Ramones drummer Tommy Ramone, Former New York City Mayor Abe Beame, and record producer Lou Pearlman.

The cemetery has many rules and regulations for visiting the grounds. The standard rules prohibit liquor on the property, and, as a Jewish cemetery, one must be a member of the Hebrew faith to be buried. The rules, however, do not list any objections to accepting members of the LGBTQ+ community.

This isn’t the first time that an LGBTQ+ person has faced discrimination even after they’ve passed on.

In a January incident, an Islamic funeral home in Houston, Texas refused to allow a family of a young Muslim man to bury their son in the Islamic cemetery, stating that their son’s homosexuality excluded him from a Muslim burial. The family ended up conducting their son’s funeral rights in the parking lot of the funeral home before rushing to find a new burial site that would accept their son.

New Montefiore Cemetery’s legal counsel filed a demand for a complaint on Tuesday. Mark Goldberg must submit a more detailed version of the events within 20 days of the filing, on March 10.

As of this moment, none of the parties have made statements to the press. 

Cemetery administrator Joy Margolis responded toward’s The Independent’s request for a comment with a simple, “Not interested. Sorry”

The attorney representing Mark Goldberg, Donald David also refused to make a statement to The Independent, suggesting that it would not be appropriate to comment on the case this early in its development. 

 “I apologize but it is our policy not to comment publicly about matters that are currently in litigation,” said the attorney.

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