dojA000290.xml

dojA000290.xml

born-digital

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2001-12-04

Tuesday, December 04, 2001 11:37 AM
Comments on the Department of Justice's Rulemaking Regarding
the September 11th Victim Compensation Fund of 2001

Kenneth L. Zwick, Director
Office of Management Programs
Civil Division
U.S. Department of Justice
Main Building, Room 3140
950 Pennsylvania Avenue NW
Washington, D.C. 20530

Re: Comments on the Department of Justice's Rulemaking Regarding the
September 11th Victim Compensation Fund of 2001

Dear Mr. Zwick,
We are writing in response to the department's November 5
Notice of Inquiry and Advanced Notice of Rulemaking Re: the September
11th Victim Compensation Fund of 2001.

The laudable purpose of the September 11th Fund is to provide
compensation for the losses of relatives of those who died, and those
who were injured. It is crucial for the many grieving families that
the regulations implementing this purpose permit recovery for all
deserving relatives, including the committed partners or
non-biological children of gay and lesbian victims of the terror
attacks. For those whose family relationships do not meet certain
strict formal legal definitions, the enormity of the loss of a
beloved companion or parent could be compounded by the prospect of
ineligibility for compensation intended for their protection. The
Department of Justice should not permit this potential inequity.

We urge the Department to include among relatives eligible
for compensation those who lost their life partners or de facto
parents or children, regardless of sexual orientation and marital
status.

Many who lost their life companions after lengthy committed
relationships had not prepared wills with their partners, a
circumstance which is not surprising considering the relative youth
and good health they enjoyed. While many are fortunate to have the
support of the biological relatives of the deceased, others (like
many affected by this tragedy) face the added stresses of
pre-existing family difficulties that have not abated in the wake of
the attacks. Each and every one of them is reliant on the continuing
good will and generosity of parents, siblings or children of the
victim to treat them fairly.

The federal September 11 Fund should ensure fair treatment of
all surviving family members, including same-sex partners and de
facto children of those who perished. Operated on a simple principle
of equitable distribution of damages in proportion to losses
sustained, it can serve the Congressional purposes of helping
families to recover their economic security and allaying the
financial uncertainty of survivors.

Permitting all relatives who suffered losses to be eligible
for compensation ensures equitable treatment of all the diverse
families that suffered losses in this tragedy. As the United States
Supreme Court recently noted, "[t]he demographic changes of the past
century make it difficult to speak of an average American family. . .
. [P]ersons outside the nuclear family are called upon with
increasing frequency to assist in the everyday tasks of
childrearing," Troxel v. Granville, 530 U.S. ___, 120 S.Ct. 2054,
2059 (2000), and the same can be said of other daily supports for
family members. The criteria proposed by the Lambda Legal Defense and
Education Fund effectively accounts for the variety of family
configurations and support obligations that Americans create today.

Respectfully submitted,

Individual Comment
Woodstock, N.Y.

2001-12-04