R000201

Monday, March 11, 2002 1:02 PM
Why?

I would like to know why on Sunday morning's "Meet the Press," Kenneth Feinberg, the head of the September 11 Victim's Compensation Fund (a program of the US Dept. of Justice), is planning on limiting what kind of compensation goes to gay and lesbian victims of the September 11 terrorist attacks. And the way the rules read, gays and lesbians will probably get nothing.

Forget that            , a gay man, was one of the heroes who brought United Flight 93 down in a field in Pennsylvania instead of on top of the US Congress, where it was supposedly headed. And forget that NY Fire Department            was gay, as was the            of the plane that flew into the Pentagon. No, according to John Ashcroft's Justice Department, apparently some heroes are more equal than others.

But on today's six month anniversary of            's horrible death, and the nation's greatest tragedy in decades,            (in addition to other gay heroes of September 11) is now officially being declared a lesser kind of hero because he was gay.

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.

According to Feinberg, lots and lots of people will receive compensation under the plan, including children, babies, and even fetuses. And as an indication of how generous the fund will be, even illegal aliens, who aren't American citizens and who are in the US in violation of federal law, will receive benefits. Feinberg even says that the Attorney General has promised that if undocumented aliens come forward, they won't be kicked out of the country, and their employers won't be penalized. "The attorney general, in consultation with Immigration, etc., undocumented aliens who come forward, the families will not suffer any consequences. They are covered by this program. They will get a check. The employer, where we need the economic information about the undocumented alien, will not be penalized," Feinberg told "Meet the Press."

Yep, the Attorney General is himself willing to overlook US law so that the victims of September 11 can be compensated.

But when it comes to gay Americans who lost a loved one to Mohammad Atta and his band of thieves, that's when Feinberg and the Department of Justice suddenly do an about face:

"[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.

So, in the end, pretty much everyone who died - including people who aren't even American citizens and were living in the US illegally - will be honored by the September 11th Fund as deserving of America's special recognition and thanks. The sole exception will be gay and lesbian Americans, because Feinberg and the 911 Fund wouldn't want to do anything contrary to US law. (Unless of course it involves an illegal alien who isn't even American - then apparently it's okay to bend the rules.)

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.

If September 11 has taught us anything, it's that our patriotism and love of country transcend our differences and unite us all. It would be ironic if the generosity of so many Americans in giving to the September 11th Fund were used to further divide us as a people, and send the message to all that some American heroes are more equal than others.

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