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                <text>Department of Justice Emails</text>
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                <text>The Department of Justice received more than 11,000 e-mails in response to the agency's public solicitation for comments upon its plans to distribute the September 11th Victim Compensation Fund of 2001 established by Congress to benefit the victims of September 11 and their families.  These e-mails have been organized here by date.</text>
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Thursday, March 21, 2002 11:59 PM
9/11 Fund exc;usion of gays


To:  Kenneth L.  Zwink, Director  Office  of  Management  Programs



  Dear  Sir:

    I'm  stunned  by  comments  made  by  September  11  victims'  compensation  fund  Special  Master  Kenneth  Feinberg,  most  particularly  his  decision  to  yield  to  state  probate  laws  when  considering  the  cases  of  same-sex  surviving  partners.  As  I'm  sure  you're  aware,  fully  48  states  disregard  domestic  partners  in  such  matters  (Vermont  and  New  Hampshire  being  the  only  exceptions).

   Meanwhile,  mechanisms  are  in  place  to  assure  that  survivirs  of  illegal  aliens  can  come  forward    for  consideration  without  fear  of  deportation  and  negotiaitions  are  planned  assuring  that  their  employers  will  not  be  penalized.  With  such  latitude  extended  to  Special  Master  Feinberg,  it's  astounding  that  some  provision  can't  be  made  for  gay  and  lesbian  survivors  of  the  September  11  attacks,  particularly  since  fewer  than  30  such  persons  have  made  inquiry.

   Further  exacerbating  the  situation  is  an  ammendment  in  the  final  rules  stipulating  that  collateral  source  compensation  (such  as  life  insurance  and  pension  benefits)  will  not  be  counted  against  the  amount  that  is  recoverable  if  the  beneficiciary  of  these  collateral  funds  is  not  a  beneficiary  under  the  federal  fund.  This  gives  biological  family  members  additional  incentive    to  exclude  same-sex  partners  from  applying  as  part  of  the  family  unit.  This  under  the  aegis  of  the  president  who  campaigned  as  "a  uniter,  not  a  divider"!

   I  share  in  the  shock,  horror  and  outrage  common  to  all  Americans  contextual  to  the  events  of  September  11.  However,  there  are  three  additional  traumas  at  work  in  my  case.  I  ask  your  indulgence  as  I  share  them  with  you.

   First,  as  a  native  Washingtonian,  I  often  feel  my  city's  role  in  this  national  tragedy  has  been  generally  minimized  by  the  press.  While  it's  true  that  the  sheer  numbers of  victims  at  the  the  Pentagon   are  dwarfed  by  the  statistics  relative  to  the  World  Trade  Center, the  loss  sustained  by  their  loved  ones  was  no  less  real.

   Now  consider  for  a  moment  how  different  our  lives  would  be  had                        (an  openly  gay  man)  not  been  aboard  United  Flight  93  that  fateful  day.  Without  his  presence,  the  plane  would  likely  have  collided  with  its  intended  target,  the  U.S.  Capitol  building.

   Connecticut  is  currently  reeling  from  the  loss  of  a  congressional  seat,  the  result  of  population  shifts  refected  in  the  2000  census.  Think  of  the  implication  of  the  loss  not  of  a  seat  but  of  entire  congressional  delegations  in  the  flesh.

   Reflect  also  on  the  psychological  scars  that  would  have  been  inflicted  by  such  a  loss.  No  other  structure  on  earth  more  clearly  embodies  America's  ideals  and  the  aspirations  of  the  constitution's  framers  than  does  that  edifice.

   Think  of  it;  that  building  houses  two  elected  deliberative  bodies,  balancing  nationally  the  concerns  of  the  many  (the  house,  where  each  state's  representations  is  reflected  on  the  basis  of  population)  and  the  Senate  (where  California  holds  no  more  sway  than  does  Wyoming).  Parallel   this  with  the  societal  struggle  of  the  few  (the  gay  community)  against  the  concerns  of  the  many  (our  heterosexual  counterparts).

   Is  it  any  wonder  that  I  often  look  to  the  heavens  and  thank  God  and                        for  his  quick,  decisive  action  in  the  face  of  the  most  terrifying  of  circumstances.

   Secondly,  I'm  a  cousin  descendant  of  civil  war  hero  Major  General  Henry  Warner  Slocum,  commanding  officer  of  the  XX  corps  of  the  Army  of  the  Potomac  and  aide-de-camp  to  General  Sherman  in  his  March  to  the  Sea.

   Slocum  distinguished  himself  at Gettysburg  by  leading  the  right  flank  of  the  Union  forces in  its  successful  defense  of  Culp's  Hill  against  numerous  Confederate  advances.

   Anytime  I'm  back  home,  I  go  to  the  Lincoln  Memorial;  while  ther,  I  weep  uncontrolably  as  I  read  the  immortal  words  of  the  Great  Emancipator  in  the  form  of  the  Gettysburg Address,  inscribed  on  a  tablet  of  stone  adorning  that  shrine  to  national  unity.  I  cry  because  I've  stood  in  the  midst  of  the  cemetery  of  that  hallowed  ground  and  because  of  my  personal  connections  to  that  space  I  feel  perhaps  more  keenly  than  most  the  cost  in  human  lives  our  freedom  somtimes  requires.

   During  Sherman's  regretable  March  to  the  Sea,  Slocum's  troops  stood  virtually  alone  in  not  participating  in  the  wholesale  looting  and  demolition  which  typified  that  campaign.  Indeed,  his  jounals  are  rife  with  entries  describing  the  flood  of  newly-freed  slaves  as  well  as  rank  and  file  citizens  who  scurried  behind  Union  lines,  seeking  refuge  anf  safe  harbor, which  they  invariably  received.

                         (and  an  openly  gay  man)  exemplified  even  more  this  ethic  of  rendering  help  to  those  in  need.  In  the  end,  he  sacrificed  his  mortal  existence  in  that  pursuit.  I  ask  you sir;  is  the  offering  of  his  "last  full  measure  of  devation"  any  less  worthy  because  he  was  gay?

   Thirdly,  as  an  openly  gay  man  (specifically  one  who  experienced  first-hand  the  living  nightmare  that  is  Hartford  Probate  Court  relative  to  the  death  of  my  lover)  my  heart  aches  for  the  survivors  of  the  fatalities in  these  attacks.

   Nine  months  into  my  probate  horror,  I  departed  Connecticut  and  relocated  to  Dutches  County,  New  York.  It  was  literally  easier  to  leave  the  state  than  to  continue  to  deal  with  Hartford  Probate  Court!

   I  empore  you,  sir,  to  make  certain  that  contextual  to  those  surviving  loved  ones,  that  the  legacies  of  those  who  died  (legagies  sustained  most  vividly  in  the  lives  of  those  loved  ones  to  whom  they  were  closest)  "taht  these  dead  shall  not  have  died  in  vain".  additionally,  please  do  all  in  your  power  to  assure  that  while  setting  about  "to  bind  up  the  nation's  wounds"  that  such  healing  be  extended  fairly  and  equitably  to  all  people.

   Sincerly,  


Individual Comment

 
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      <description>Elements describing a September 11 Digital Archive item.</description>
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          <description>The process status of this item.</description>
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          <description>Whether September 11 Digital Archive has permission to possess this item.</description>
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          <description>Whether the contributor gave permission to post this item.</description>
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          <description>Whether the contributor holds copyright to this item.</description>
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          <description>The source of this item.</description>
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          <description>The media type of this item.</description>
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              <text>email</text>
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          <description>Whether the author created this item.</description>
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