A001421

Message:

Please give a copy of this letter to Mr. Kenneth Feinberg and Mr. Kenneth L. Zwick.

Thank you.

To: Kenneth Feinberg
Date: 12/06/2001

December 6, 2001

Please deliver or forward to Mr. Kenneth Feinberg.

Re: Victim Compensation Fund

Dear Mr. Feinberg,

I watched with great interest, your interview with Gwen Ifill on The News Hour last night. The
key word that kept coming up during the course of your discussion was "discretion."

For the reasons enumerated below, I want to urge you to be inclusive of life partners, be they
homosexual, heterosexual, or transgender, as well as de facto children, as you develop
disbursement guidelines for the victim's compensation fund.

1. When you mentioned that there were decisions that would be left to your discretion, I began
     to ponder how many discretionary decisions are made that affect the daily lives of Gay and
     Lesbian* Americans. Because we do not have equal rights afforded to us by the federal
     government and most state and local, any rights to speak of often hinge on the discretion of
     what we hope will be fair-minded people in the judicial and legislative systems. We
     frequently wait with baited breath for decisions to be handed down by the courts on whether
     we can adopt, if we can receive a deceased partners benefits, or on the very status of our
     relationship. It is always our burden to prove our commitment to each other, whereas most
     heterosexual people can easily marry or elect to become de facto husband and wife
     through co-domicile, often recognized as a marriage in many states. Of course, the legislative
     side of winning approval of our relationship and attendant rights is one wrought with risks
     due to supportive legislative fear of losing the next election for their stance on Gay rights. I
     won't even visit the citizen referendums that went around the country in the 90's, which
     attempted to retract local and state laws that recognized Gay relationships. Until just
     recently, the military routinely undertook witch-hunts at their discretion, in an effort to boot
     homosexuals from the armed services even with the "don't ask, don't tell" policy in effect.
     Conveniently, some of that has been relaxed because more bodies are needed for the war
     effort. It is fortunate for all Gays and Lesbians who choose to serve their country with
     honor and dignity, do so regardless of the fact that their country abandons their rights
     and personal dignities.

     Unfortunately for Gay and Lesbian Americans, it is not left to our discretion as to whether we
     pay our taxes. We work and fit seamlessly into society, yet we do not receive many of the
     benefits due to our status, or lack thereof, as Gay and Lesbians. We are diminished both in
     personal relationships and financially. In the workplace, we frequently cannot obtain health
     benefits for our partners, and if we can it is a taxable benefit to the employee. Yet there are
     people who say they shouldn't have to pay for Gays' benefits, yet we pay for theirs in
     innumerable ways.

2. I know that this administration has not been an endorser of Gay relationships, but if we
     remove the context of "Gay" and put surviving partner of a relationship as a party who
     had financial interdependence to the deceased, then I strongly argue that the government
     should include that partner (and children if this applies) in the victim compensation fund. This
     is purely from a fair and equitable standpoint. Since September 11th, President Bush has
     delivered the message numerous times that we treat each other with dignity and respect in
     America, regardless of our perceived differences. This is his administration's stance, and
     thus your opportunity to set an example for that message.

3. It is easy to review through the eyes of history, how the rights of disenfranchised groups have
     been left to the discretion of a few individuals, sometimes with horrific consequences. This is
     a brilliant opportunity for you to use your discretion to help not just some of the people with
     personal relationships to the victims, but all of those who lost someone that they deeply loved
     in these national tragedies.

     * For brevity, this includes Gay, Lesbian, Transgender, and Bisexual people.

Sincerely,

Individual Comment
Denver, CO

Cc: Mr. Kenneth L. Zwick

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