N000652
Saturday, December 22, 2001 8:19 AM
Gay & Lesbian Victims - Distribution of compensation.
The provisions of the Fund make it clear that compensation will be awarded in
accord with an individual's will. Therefore, if a gay or lesbian has drafted
a will, the compensation may be directed to a partner or otherwise.
If the decedent did not have a will, the laws of intestacy are to apply.
This means that children, parents and siblings all stand to receive
compensation rather than the partner. The simple application of the laws of
intestacy should not be applied. The Fund should recognize relationships
that are not recognized by law. Perhaps a partner who can show that a
relationship has existed for a minimum of 3 years (or 5, 7 years) he or she
should become the prima facie "beneficiary."
Note: Heterosexuals may marry or if living together for a certain period of
time, assert "common law marriage." Gays do not have either.
The need for this type of language is obvious. Without it, the beneficiary
under the intestacy laws will claim the award and obviously be the recipient.
This is not the purpose of the fund. THE FUND IS INTENDED TO PROVIDE
COMPENSATION TO THE VICTIM'S FAMILY. Because of the conservative agenda,
gays and lesbians have no "family."
The Fund should make it clear that gay and lesbian partners will or may
receive funds. AS AN ATTY., IF A GAY CLIENT CAME TO ME TO ASK WHETHER HE OR
SHE SHOULD INITIATE A PROCEEDING TO OBTAIN THE COMPENSATION (RATHER THAN THE
PARENTS) I WOULD ADVISE THEM NOT TO WASTE THEIR TIME. FEINBERG'S COMMENTS
TO THE CONTRARY DO NOT CHANGE THE FACT THAT THE CLEAR LANGUAGE OF THE STATUTE
STATES THAT THE FUND IS DISTRIBUTED ACCORDING TO THE STATE LAWS OF INTESTACY.
This is a serious problem that may lead to an inequitable result. The
interim rule should be amended to address these concerns.
Thank you,
Individual Comment
Alexandria, VA