dojR002421.xml

dojR002421.xml

born-digital

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2002-03-20

Wednesday, March 20, 2002 7:15 PM
Blatant discrimination of gay Americans


Kenneth R. Feinberg
9/11 victim compensation fund
John Ashcroft
U S Department of IN-justice

cc President George W Bush
cc Senator Diane Feinstien
cc Senator Barbara Boxer
cc Congresswoman Lois Capps



SHAME ON YOU MR FEINBERG, AND SHAME TO MR ASHCROFT FOR SUPPORTING HIS DISCRIMINATION
OF GAY AMERICANS.

Mr. Feinberg states:
"The goal in this final rule was simply to create the best and fairest program possible within the requirements
set by Congress."
He then contradicts himself by excluding ten percent of the population.

Congress passed this act to help ALL victims of the 9-11 attacks, not just the straight ones.
The congress has entrusted Mr. Feinberg as Special Master to determine eligibility and the amount of compensation
to be made. Feinberg has publicly indicated his unequivocal intent to make the Fund as accessible
as possible and has said that he will take special measures to protect vulnerable claimants, including unborn
children and undocumented immigrants. In fact, he has stated that John Ashcroft will not deport these illegal
immigrants nor charge any employer with illegal hiring practices in order to assist these non-American victims;
overlooking many federal and state laws.

But when it comes to tax paying Americans who happen to be gay or lesbian, Mr. Feinberg decides to rely on individual
state laws to determine eligibility, claiming the law is the law. In doing this, he has created a huge lack of uniformity in
eligibility requirements, and an even greater lack of fairness and equality. It appears he took special measures to
guarantee gay and lesbian victims won't be claimants at all.

Early on, the Lambda Legal defense organization gave Mr. Feinberg numerous suggestions on handling gay domestic
partners, citing the New York courts as an example of how partnerships can be validated, and presented several
concerns about notification to reduce disputes and legal challenges. These suggestions were completely ignored.
In his defense of the "Rules" that he set, Mr. Feinberg lumps lifelong partners of gay and lesbian couples with non-
married straight couples and fiancées, and leaves it up to each state to decide who is eligible. What he overlooked is
unlike straight couples, gay and lesbians are not allowed to be married in any state. Most states recognize straight
couples who live together as common law marriages, but they have no classification for same sex couples.

This is not a State compensation fund, it is a Federal fund and therefore should not rely on individual state laws.
As far as I know, there is no state law which prohibits a domestic partner from being a beneficiary. There just currently
isn't any law requiring this. There is no legitimate reason why the Federal government can't recognize the partners
of gay and lesbian victims.

Recognizing gay partners also effects the amount of the compensation that will be paid out.
Because gay couples can not marry, any deceased gay victim is automatically assumed to be single.
According to the compensation tables, a single person is valued significantly less than a married person because all
of his income goes to supporting himself instead of a spouse. These tables ignore gay couples who depend on their
partner's income just as much as straight married couples do. So even if a state does recognize a gay partner as
eligible, he will not receive the same amount of compensation as a married person would.


When Mr. Ashcroft was sworn into office, he promised to defend justice for ALL Americans. Where is he now?
How can he sanction such blatant discrimination?
It is obvious that Mr. Fienberg and Mr. Ashcroft are less interested in true fairness and equity, and more interested
with pandering to their right-wing friends and upholding their intolerance and bigotry toward gay people.



America justified to the rest of the world that we had to over throw the Taliban because they were dictating their religious
views and oppressing the rights of their citizens. What are the people of the world thinking now when they see such
hypocrisy as the American government dictates right wing religious beliefs and oppresses the rights of ten percent
of it's own citizens. America is supposed to be a positive example of freedom and equality.

Show the world that "One nation under God, indivisible, with liberty and justice for ALL" isn't just a catchy slogan.

Change the "rules" and include ALL Americans.
Individual Comment
Nipomo, CA

2002-03-20