Susan Heroux kisses her daughter Lena, 12, as her wife Stacey Heroux, stands in the background. Susan Heroux spoke to the media yesterday regarding her health issues and concerns over same-sex legal issues.

The Providence Journal / Ruben W. Perez

PROVIDENCE — Like many people diagnosed with a serious illness, Susan Heroux spent a lot of sleepless nights.

It wasn’t the fear of her own mortality that kept her awake — though there was that — it was the nagging worry of what would happen to her wife, Stacey Heroux, and their 12-year-old daughter, Lena, should her congestive heart failure worsen.

Would Stacey be allowed to take a leave of absence from her job to care for her? And worse, would her wife be permitted to make her funeral arrangements should it come to that?

Married last year in Massachusetts, the Coventry couple traveled to the State House yesterday with gay marriage advocates to honor National Freedom to Marry Week and push for equal rights.

It was a familiar set of faces lobbying for an increasingly recognizable set of issues: gay marriage, spousal rights for gay couples and now, same-sex divorce.

Following December’s 3-to-2 state Supreme Court decision to ban same-sex divorce in Rhode Island, advocates say it is time to take the issue to the General Assembly.

House Majority Leader Gordon D. Fox will sponsor the bill to be submitted in the coming days.

“I think the divorce [legislation] is a high priority and I’m going to be working with the people from [Marriage Equality RI] and the ACLU. That’s something that should be corrected,” Fox said yesterday. “Obviously there was a Supreme Court decision that I agree with the dissent, but even the majority opinion talked about how it’s a legislative purview, so I think it’s something we should have before the legislature to discuss this year.”

Steven Brown, executive director of the Rhode Island Affiliate of the American Civil Liberties Union, said that regardless of where one stands on the issue of same-sex marriage, legalizing a couple’s ability to file for divorce just makes sense.

“Absolutely no public policy is served by requiring people to stay married when they have no desire to do so,” Brown said.

But the divorce legislation may hit rough road in the legislature. House Speaker William J. Murphy and Senate President Joseph A. Montalbano have in the past opposed gay marriage, along with Governor Carcieri. Through a spokesman, Murphy yesterday declined comment on the same-sex divorce bill, saying he hadn’t yet seen it.

Jenn Steinfeld, director of Marriage Equality RI, acknowledges that the organization faces obstacles, but says the platform has also made progress: Frank Ferri, the freshman representative from Warwick, is making history as one of the first openly gay, married legislators nationwide and a host of lawmakers have signed on to the forthcoming bills.

“Our goal now is to make sure we’re increasing the protections for families as we work forward and really focus on willing marriage in the next [gubernatorial] administration,” Steinfeld said.

That includes the Compassion for All Families Act that would give domestic partners and couples like the Herouxs the spousal benefits of family medical leave, nursing home visitation and funeral planning.

Carcieri spokesman Jeff Neal challenged the suggestion that the governor is the sole barrier to gay marriage. “I would note that the General Assembly has never to my knowledge approved same-sex marriage legislation,” he said. “It is not clear that they would do so no matter who was sitting in the governor’s office.”

Steinfeld said the movement is not discouraged. Critics, including the governor, “have clarified what we have known for some time: that the road to equality goes through this State House and that we are willing.”

cneedham@projo.com