R000075

Monday, March 11, 2002 10:03 AM
unbelievable

Unbelievable:

On this six-month anniversary of the attacks on the World Trade Center and the Pentagon, Kenneth Feinberg and the September 11th Fund are telling the American people that regardless of whether a gay man was one of the four heroes on United Flight 93 who saved the US Congress and the White House from utter annihilation, the 911 Fund plans to discriminate against an American hero because most of the country sanctioned such discrimination prior to September 11.

In an appearance on the Sunday, March 10 broadcast of NBC's "Meet the Press," Kenneth Feinberg, the head of the September 11th Victim Compensation Fund (a fund created by Congress and run by the Department of Justice), said that gay partners of the heroes of September 11th will not necessarily be eligible for the same compensation as heterosexual family members who lost their loved ones.

"[Gays and lesbians are] left out of my program to the extent that their own state doesn't include them. I cannot get into a position in this program, which has a one-and-a-half or two-year life start second-guessing what the state of New York or the Commonwealth of Massachusetts or the state of Virginia or New Jersey, how they treat same-sex partners, domestic live-ins, etc. I simply say this: What does your state law say about who is eligible? If your state law makes you eligible, I will honor state law. If it doesn't, I go with the state. Otherwise, Tim, I would find myself getting sued in every state by people claiming that I'm not following how the state distributes money. I can't get into that local battle. I've got to rely on state law." - Kenneth Feinberg on NBC's "Meet the Press," March 10, 2002.

That's a long-winded way of saying that if state law discriminates against gay people, then so will Feinberg and the 911 Fund. The problem for gay Americans who lost loved ones on September 11 is that most states do not legally recognize gay relationships, and the very few that do tend to do so only for state employees, not for citizens at large. And while a handful of cities do in fact recognize such relationships, under Feinberg's formula, it's the state's law that counts, not the city's.

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