Victims and survivors.

The following editorial appeared in the Chicago Tribune on Saturday, June 15:

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Relatives and lawyers have argued, vociferously at times, over who should get what share of the relief funds established to help families of victims of the Sept. 11 attacks. Through a much quieter lobbying effort, however, surviving partners of same-sex couples _ who only 20 years ago wouldn't have received even public mention _ may get a share of the federal fund.

Opposition against compensation has come from some conservative organizations that fear any precedent to legal recognition of same-sex relationships. In fact, this is merely following the precedent being set by the private sector to recognize and provide legal benefits to unmarried domestic partners, whether they are homosexual or heterosexual.

Except for Vermont and Hawaii, no state recognizes same-sex relationships, so gays who lost their partners on Sept. 11 were left at the mercy of relief fund administrators. Thanks largely to New York city and state officials, compassion has trumped narrow readings of the law. Approximately 22 surviving gay partners stand to receive compensation, expected to average $1.8 million per family, from the federal victims relief fund.

The Red Cross recognized early on that surviving gay partners _ some of whom had lived together as long as 26 years _ should get compensation. The federal relief legislation, however, does not include or exclude gay couples but instead grants the administrator wide discretion.

Republican New York Gov. George Pataki issued an executive order to the state Crime Victims Board to include domestic partners for benefits that otherwise include only husbands and wives, and opened up the state's Sept. 11 charitable fund to domestic partners. The New York legislature also approved an act that asked Kenneth R. Feinberg, master of the federal relief fund, to recognize domestic partners.

Feinberg ought to use his wide mandate to do just that. Whether they are gay or straight, survivors of the Sept. 11 attacks face many of the same problems, among them grief, emotional difficulty _ and suddenly unaffordable living expenses.

By its lack of specificity, the federal legislation can be an opportunity or an impediment. Victims who left a will that mentions the surviving partner, and those survivors who are on good terms with the victim's family, stand to get a share of the fund.

But in cases where survivors are not included in a will, and who are not on good terms with the in-laws _ not an uncommon problem in cases in which families object to gay relationships _ the surviving partner may not receive anything. The prospect of a nearly $2 million federal windfall has prompted some families to challenge any claims by gay survivors.

Feinberg and other state officials ought to ensure that domestic partners get a fair hearing, along with other survivors in the victim's family.

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(c) 2002, Chicago Tribune

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