A001742
December 10, 2001
The Honorable John Ashcroft
Attorney General of the United States
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Re: Victim Compensation Fund
Dear Attorney General Ashcroft:
Thank you for your leadership during this critical time for our nation. We are grateful for your tireless efforts since September 11 to prosecute terrorists and to ensure our nation's security. As you and other officials defend our freedom, we urge you to continue protecting the family as a source of strength within that freedom.
This attention to the integrity of the family is especially important within the September 11th Victim Compensation Fund. Now that a Special Master has been appointed, we would like to express concerns about the administration of the fund. You have expressed confidence that "under [Special Master Kenneth R. Feinberg's] leadership, the program will be administered in a manner that is sensitive and fair to the needs of those who have suffered as a result of the events of September 11th." Our hearts and prayers are with all of the victims of September 11th, including their family, friends and loved ones. We trust that Special Master Feinberg will administer the fund in a manner that is sensitive and fair, and, most importantly, consistent with the laws of the United States.
The language of the legislation creating the Victim Compensation fund is unmistakably clear in setting the parameters for who is eligible to receive compensation from this fund:
- SEC. 403 PURPOSE
- It is the purpose of this title to provide compensation to any individual (or relatives of a deceased individual) who was physically injured or killed as a result of the terrorist-related aircraft crashes of September 11, 2001.
In the United States Code, the term "relative" is usually defined to include parents, children and spouses, sometimes grandparents, but always some variation within blood, marriage, or adoption. Nowhere in federal law does "relative" include "domestic partners," civil unions, roommates, or close personal friends. In fact, the term "domestic partner" is nowhere to be found in the United States Code.
Furthermore, the Defense of Marriage Act makes clear that ephemeral state law developments have no bearing on the federal law regarding marriage:
- Title 1, Chapter 1
- § 7. Definition of "marriage" and "spouse"
- In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the Untied States, the word "marriage" means only a legal union between one man and one woman as husband and wife, and the word "spouse" refers to a person of the opposite sex who is a husband or a wife.
To disregard the law and extend compensation to domestic partners opens the door to unending complaints and criticism, from both the relatives and unrelated intimates of the victims. Dilution of the fund by including those who do not qualify as relatives is neither fair nor sensitive to the intended claimants. Whether homosexual or heterosexual, the concept of compensating a "domestic partner" is one that directly undermines the important institutions of marriage and family. As you well know, not every loss is cognizable under the law. The tragic events of September 11 should not be used as a pretext for expanding the gay agenda at the expense of marriage and the family.
We support you in your role as Attorney General of the Untied States of America as you seek to uphold the laws and Constitution of this country. Our earnest hope is that you and your colleagues will ensure that the Constitution and laws of the United States will be respected, followed, and enforced and that the radical political agendas of vocal advocacy groups will not deflect you from your sworn obligation. Thank you for your leadership to that end.
Sincerely,
Comment by:
Family Research Council