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‘Don’t Ask’ repeal faces delay, uncertainty

Gates warns Congress not to act; protesters arrested for third time at White House

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Supporters of repealing ‘Don’t Ask, Don’t Tell’ have turned up the heat on President Obama in recent weeks. Sunday’s White House protest marked the third time in two months that activists were arrested while demanding action on repeal. (Washington Blade photo by Michael Key)

In the wake of Defense Secretary Robert Gates advising Congress to delay taking action to overturn “Don’t Ask, Don’t Tell,” LGBT advocates remain committed to pushing for repeal this year, but have expressed differing opinions on the best way forward.

In an April 30 letter to House Armed Services Committee Chairman Ike Skelton (D-Mo.), Gates says “in the strongest possible terms” that the Department of Defense must be allowed to conduct its review of lifting the ban on open service before Congress takes “any legislative action.” The report is due to be completed Dec. 1.

Gates says “a critical element” of the review is engaging the armed forces and military families and noted that those in service “must be afforded” the opportunity to share “concerns, insights and suggestions” about the proposed change.

“Therefore, I strongly oppose any legislation that seeks to change this policy prior to the completion of this vital engagement process,” Gates says. “Further, I hope Congress will not do so, as it would send a very damaging message to our men and women in uniform that in essence their views, concerns, and perspectives do not matter on an issue with such a direct impact and consequence for them and their families.”

In a statement responding to the letter, Shin Inouye, a White House spokesperson, said President Obama’s commitment to repealing the ban on service “is unequivocal,” but noted the White House is on board with delaying implementation of repeal.

“That’s why we’ve said that the implementation of any congressional repeal will be delayed until the DOD study of how best to implement that repeal is completed,” he said.

The White House didn’t respond to the Blade’s request to clarify whether this statement rules out an endorsement from Obama on including repeal as part of the upcoming Defense authorization bill or whether the president supports a vote in Congress now to repeal the gay ban, as long as implementation is delayed until 2011.

The impact of the two statements on the effort to achieve legislative repeal of “Don’t Ask, Don’t Tell” this year remains unclear. Some experts previously said repeal was only one or two votes short on the Senate Armed Services Committee, but that may change following Gates’ request for a delay.

David Smith, vice president of programs for the Human Rights Campaign, said repeal remains possible this year.

“We think it should and can happen this year, and that is what we are fighting for,” Smith said. “We continue to work with both the House and the Senate.”

Smith said HRC continues to lobby the White House for support in the effort to repeal “Don’t Ask, Don’t Tell.”

He added the grassroots work and lobbying that HRC is pursuing in six states — Florida, Indiana, Massachusetts, Nebraska, Virginia and West Virginia — would be an important part of the path toward winning the votes necessary for repeal.

In anticipation of the defense authorization bill markup in the Senate Armed Services Committee on May 24, the work is intended to influence key senators on the panel who are uncommitted on repeal: Sen. Bill Nelson (D-Fla.), Sen. Evan Bayh (D-Ind.), Sen. Scott Brown (R-Mass.), Sen. Ben Nelson (D-Neb.), Sen. Jim Webb (D-Va.) and Sen. Robert Byrd (D-W.Va.).

“The key is the votes and we think we’re close and we think that, at the end of the day, we’ll have those votes, and that’s what we continue to work for,” Smith said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said the best way to make repeal happen following the publication of the Gates letter is working with repeal advocates on Capitol Hill.

“We strongly believe repeal can happen, but this will require the president to lead the way at this critical hour,” Sarvis said. “To put it bluntly, we need his voice and help now.”

Some Hill supporters of repeal are staying mum following publication of the Gates letter and the White House statement. The office of Senate Armed Services Committee Chairman Carl Levin (D-Mich.) declined to comment on the letter, and the office of Sen. Joseph Lieberman (I-Conn.) didn’t respond to the Blade’s request for comment.

Rep. Patrick Murphy (D-Pa.), the sponsor of repeal legislation in the House, was quoted in an interview with The Advocate this week as saying he was “blindsided” by the Gates letter, but still plans to pursue repeal this year.

“That’s my job — to make sure that we repeal this policy,” he said. “After my three years in Washington, I think when folks tell you to walk away, that’s usually a sign that you’re getting close.”

In the letter, Gates said he was responding to an April 28 inquiry from Skelton, who opposes “Don’t Ask, Don’t Tell” repeal at this time. Skelton’s inquiry and Gates’ letter come on the heels of an announcement from House Speaker Nancy Pelosi (D-Calif.) that she plans to hold a vote on “Don’t Ask, Don’t Tell” repeal this year in her chamber.

“It is the speaker’s intention that a vote will be taken this year on [‘Don’t Ask, Don’t Tell’] in the House,” Drew Hammill, a Pelosi spokesperson, told the Blade last week.

In response to a subsequent Blade inquiry about Gates’ letter, Hammill said April 30 that Pelosi’s position was unchanged, although he used slightly different language.

“The speaker maintains her hope to repeal this discriminatory policy this year,” Hammill said.

Separately, Pelosi issued a statement calling for a moratorium on discharges of gay service members.

“We all look forward to the report on the review of the ‘Don’t Ask, Don’t Tell’ policy by the Defense Department,” she said. “In the meantime, the administration should immediately place a moratorium on dismissals under this policy until the review has been completed and Congress has acted.”

Disappointment with President Obama’s lack of support for a vote on “Don’t Ask, Don’t Tell” this year led around 300 protesters to rally at the White House on Sunday.

Former Democratic National Committee Chairman Howard Dean made a surprise appearance at the rally as six protesters were arrested after they handcuffed themselves to the White House gates.

The rally, a collaborative effort of GetEqual and Queer Rising, was aimed to move President Obama to call on Congress to include repeal of the ban on gays serving openly in the armed forces as part of upcoming Defense Department budget legislation.

People at the rally carried signs reading, “Study: Navy has some bigots — Duh!” and “Mr. Obama, What’s the hold up?”

At one point, demonstrators chanted, “What do we want? Full equality! When do we want it? Now!” They also shouted, “Shame on Obama! Shame on your silence!”

Speaking before attendees, Dean said an end to “Don’t Ask, Don’t Tell” is necessary because it robs the U.S. military of crucial personnel, such as Arabic translators.

“We can’t afford to lose any talented people, and to kick talented people out of the military because they happen to be gay or lesbian makes no sense at all,” he said.

The six protesters who handcuffed themselves to the White House gates Sunday were Anne Tischer of Rochester, N.Y.; Mark Reed of Dallas; and Alan Bounville, Nora Camp, Iana DiBona and Natasha Dillon, all of New York City.

As they handcuffed themselves, protesters chanted, “I am somebody, and I deserve full equality.”

Led by Lt. Dan Choi, who was previously arrested twice for handcuffing himself to the White House fence, the crowd shouted out the Pledge of Allegiance to the six people handcuffed to the fence. After reciting the last line of “With liberty and justice for all,” attendees repeated the refrain, “For all! For all!”

After the six demonstrators were arrested, Paul Yandura, an organizer with GetEqual, said they were charged with misdemeanor failure to obey a lawful order. He noted that each paid a fine of $100 and their cases are now closed.

Those attending the rally said they joined the event to show their frustration with Obama and his approach toward “Don’t Ask, Don’t Tell.”

Erika Knepp of Annapolis, Md., said it’s “absolutely ridiculous” that Obama hasn’t called for repeal this year.

“He was voted on making promises, and that’s all it’s come to,” she said. “We had the National Equality March to make him promise to keep his promises, and there’s been nothing so far, and it makes me very angry.”

Also expressing anger at the rally over Obama’s handling of the issue was a gay Army Reserve Office Training Corps student at Georgetown University, who spoke to the Blade on the condition of anonymity to avoid being expelled under “Don’t Ask, Don’t Tell.”

The student said he felt Obama “betrayed” him because the president has not fulfilled his campaign promise to repeal “Don’t Ask, Don’t Tell.”

“When he said that, I was really relieved, knowing that I might be able to come out without having to lie all the time to my peers,” said the student. “But after learning that the White House is not following through on that, it’s actually disappointing.”

Many repeal advocates now see a delayed implementation bill as the best chance for overturning the law this year.

Such a measure would technically meet the standards set forth in the White House statement, which said “the implementation of any congressional repeal will be delayed until the DOD study of how best to implement that repeal is completed.”

HRC’s Smith called delayed implementation an “essential” component of any bill that would pass this year.

“I believe that the work of the working group likely needs to be completed before repeal can be implemented, but it still can be executed this year and implemented over a period of time based on the working group recommendations,” he said.

Sarvis said SLDN has supported the approach of delayed implementation before in what he called a “60-60-60” plan for repeal.

“We delay repeal of [‘Don’t Ask, Don’t Tell’] for 180 days after the president signs the defense bill to ensure a timely transition to open service and an orderly implementation,” he said.

Under the plan, Gates would retain authority for discharges immediately upon the legislation’s passage. An estimated 60 days later, the Pentagon working group would make its recommendations on Dec. 1. After an additional 60 days passes, the Defense Department could issue guidelines on implementing open service, and 60 days later, the services can issue their own regulations.

The issue of whether the White House would support delayed implementation legislation came up during a panel discussion on May 1 at the Equality Forum, an annual LGBT summit in Philadelphia.

Brian Bond, LGBT liaison for the White House, sidestepped a question about whether the Obama administration would support passing delayed implementation legislation.

When the letter came up during a panel discussion highlighting LGBT officials in the White House, Bond read a prepared White House statement saying Obama’s commitment to repealing “Don’t Ask, Don’t Tell” is “unequivocal,” but that the president wants to wait on implementing repeal until the Pentagon completes its study of the law.

“If change were easy, we wouldn’t be having to have this fight right now,” Bond said. “I think that letter is a good example of how this is going to be a fight and a challenge.”

In response to the statement, Washington Blade Editor Kevin Naff, who was on the panel with Bond, asked whether repeal supporters could infer that the president supports a congressional vote for repeal “as long as the implementation is delayed until after December.”

Bond didn’t say whether the White House supports such a move, but noted an endorsement of such a proposal is part of an “ongoing discussion.”

“I think that’s an ongoing discussion right now,” Bond said. “Again, there are several camps here trying to figure out — don’t forget, at the end of the day, it is Congress that will repeal ‘Don’t Ask, Don’t Tell,’ not us.”

Bond said the president is committed to his campaign promise to repeal “Don’t Ask, Don’t Tell” and that Obama has made clear “on any number of times that we are working on this.”

“It’s not going to be easy,” Bond said. “It’s going to messy. It was about this same time last year that my phone was blowing up and my e-mails were blowing up that we’re not going to get hate crimes done. So, I guess what I would say to you is the president has not changed his position.”

But Bond’s comments didn’t appease some on the panel, who expressed disappointment with Obama’s work on LGBT issues in the nearly 18 months that he’s been in the White House.

Panel moderator Jarrett Barrios, president of the Gay & Lesbian Alliance Against Defamation, noted a growing impatience in the LGBT community with Obama.

“We are impatient and, I think, a lot of the folks out there are impatient,” he said. “Whether it was the ‘fierce advocate’ speech, or whether it was the campaign, we heard a little bit more zeal than we feel right now.”

In a subsequent panel, Choi had stern words for the president on the issue and gave him a D-minus for his handling of LGBT issues.

“I’m absolutely dissatisfied by the thinking of the entire administration that hundreds of soldiers [losing] their jobs this year is not as important as a handful of Democrats who might lose their jobs,” Choi said.

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Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090

Married, same-sex partners are eligible for federal program

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The September 11th Victim Compensation Fund has awarded more than $18 billion to 77,000 9/11 victims and their families since 2011. (Photo by Anthony Correia/Bigstock)

As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011. 

Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed. 

Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.

“Twenty-five years since that day, the September 11th Victim Compensation Fund has  served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.

In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”

LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.

Nicole Nava, a VCF spokesperson, told the Washington Blade that under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.

“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.

The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court  and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment. 

A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.  

VCF spokesperson Navas pointed out that the VCF regulations initially did not allow a legally married same-sex partner survivor to receive benefits under the VCF program because the then existing U.S. Defense of Marriage Act, which denied federal recognition of same-sex marriage, prevented VCF from providing benefits to a same-sex partner survivor who had been married in their home state.

But Navas noted that the regulations changed in 2013 when the U.S. Supreme Court declared the Defense of Marriage Act unconstitutional and were further changed in 2015 when the Supreme Court legalized same-sex marriage nationwide. Based on those changes, legally married same-sex partner survivors since 2013 and currently have been and are fully eligible for the VCF benefits.  

The updated regulations would provide benefits to married same-sex partner 9/11 survivors in the states that legalized gay marriage beginning in 2004, when Massachusetts became the first state to legalize same-sex marriage. D.C. legalized same-sex marriage in 2009. 

In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.

“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.

She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed.

“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”

The VCF website, which has additional detailed information, can be accessed at www.vcf.gov

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Remembering the LGBTQ heroes of 9/11 terrorist attacks

25 years later, ‘the heartbreak remains strong’

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The scene near the collapsed towers on Sept. 11, 2001. (Photo by Anthony Correia/Bigstock)

Many in the LGBTQ community in the D.C. area and throughout the country were expected to join friends, co-workers, and family members this week in commemorating the 25th anniversary of the Sept. 11, 2001, terrorist attacks on the New York World Trade Center’s Twin Towers and on the Pentagon just outside D.C. as well as the jetliner hijacking that ended in a fatal crash in an open field in Shanksville, Pa.

A total of 2,996 people died in the 9/11 attacks, including 19 terrorists who hijacked four jetliners whose passengers included Americans and citizens of many other countries.

Activists involved with local and national LGBTQ advocacy organizations recall witnessing a coming together of LGBTQ people and their co-workers, neighbors, and family members to support one another during a time of unimaginable horror and grief.

Among those who lost their lives in the 9/11 terrorist attacks was American Airlines co-pilot David Charlebois, an out gay man and member of the Gay Pilots Association, who was on American Airlines Flight 77, which the terrorists crashed into the Pentagon.

The Pentagon on the morning of Sept. 11, 2001, approximately 10 minutes after terrorists flew American Airlines flight 77 into the building killing 184 people. (Screen capture via YouTube Archival news footage)

Also among the terrorist victims in the 9/11 attacks was gay public relations executive and rugby enthusiast Mark Bingham of San Francisco, who was among several passengers of the hijacked United Airlines jet who reportedly stormed the cockpit to regain control of the jetliner before one of the hijackers crashed the jet into the countryside in rural Pennsylvania.

The jet had taken off from Newark, N.J. with its destination being San Francisco. Investigators learned the hijackers turned the plane around and were heading to Washington, D.C., with plans to crash it into the White House or the U.S. Capitol.

The passengers, including Bingham, who stormed the cockpit and were among the 44 passengers and crew who lost their lives in the crash are credited by investigators and family members and friends with saving the lives of hundreds of others if the hijackers succeeded in crashing into the White House or Capitol.

Among the other LGBTQ people known to have lost their lives in the 9/11 attacks was Father Mychal Judge, 68, a gay Franciscan priest who served as a Catholic chaplain for the New York City Fire Department. According to the National Catholic Reporter, Judge rushed to the scene of the World Trade Center shortly before the Twin Towers collapsed. He was fatally struck by debris falling from the south tower while giving last rites to a fallen firefighter, the Catholic publication reported. 

“He was a decent, wonderful human being,” said New York gay journalist Andy Humm, who had interviewed Judge for LGBTQ-related stories prior to the 9/11 attacks. “I saw him at many demonstrations for gay and AIDS causes, showing up in his Franciscan monk’s cassock,” Humm told the Washington Blade five years ago at the time of the 9/11 20th anniversary. “And he was equally beloved by the fire department, there at every major fire tragedy in the city, lending moral support to firefighters,” Humm said.

Francis DeBernardo, executive director of New Ways Ministries, a Maryland-based LGBTQ Catholic group that advocates for LGBTQ supportive policies within the church, reported five years ago that his group was supporting an effort to call on the Catholic Church to officially recognize Fr. Judge as a saint by canonizing him. But DeBernardo told the Blade this week that those efforts failed to obtain the needed support from various Catholic entities, including the Franciscan Order of Friars Minors, of which Judge was affiliated, ending efforts to canonize Judge as a saint. 

DeBernardo has written a book about Judge’s life and legacy published in 2023 called “Mychal Judge:Take Me Where You Want Me to Go.” 

Among the other widely reported LGBTQ victims of the 9/11 terrorist attacks were a gay couple from California, Daniel Brandhorst and Ronald Gamboa, and their adopted son, David, who were among those who died aboard the United Airlines flight that crashed in Pennsylvania. The Los Angeles Times reported that Brandhorst, an attorney, and Gamboa, the manager of a Santa Monica Gap store, had adopted three-year-old David when he was an infant.

For many LGBTQ residents of New York and the D.C. area, the suffering over the loss of loved ones, including same-sex partners, was heightened a short time later when they learned they were initially ineligible for local and federal programs aimed at providing financial assistance to survivors of the 9/11 attack victims because same-sex couples were not legally recognized. 

At the urging of LGBTQ rights organizations, state and local officials in the New York and the D.C. area took steps to address the initial denial of financial support for surviving same-sex partners In programs under their control. Officials with a massive federal aid program for 9/11 survivors, however, said they did not have legal authority to authorize payments to same-sex partners. 

The officials, in the administration of then-President George W. Bush, said the best they could do would be to leave it up to local authorities to determine whether state probate laws would recognize a same-sex partner as a family member for eligibility in the federal aid program for 9/11 survivors, many of whom lived in states outside the New York and D.C. area.

Nicole Nava, a spokesperson for the September 11th Victim Compensation Fund, a federally funded program established to compensate for physical harm or death caused by the 9/11 terrorist attacks, including support for surviving family members, said she would inquire into whether same-sex surviving partners were being supported under that program in subsequent years in response to a request from the Washington Blade.

Jenny Pizer, an attorney for the LGBTQ litigation group Lambda Legal, which supported LGBTQ partner survivors of victims of the 9/11 attacks, said the information she and her organization had showed that many if not most of the LGBTQ partner survivors were unable to obtain the federal Victim Compensation Fund payment benefits that married heterosexual spouses obtained. She said she didn’t have a definitive answer on whether some LGBTQ surviving partners were compensated.

However, at least one case where an LGBTQ partner was compensated was reported by the Washington Post in a Jan. 22, 2003, news story about Peggy Neff, the lesbian partner of 18 years of Sheila Hein, 51, a civilian employee at the Pentagon, who was killed when the terrorist hijacked jetliner crashed into the Pentagon.

The Post reported that the Sept. 11 Victim Compensation Fund, under the leadership of its director, Kenneth Feinberg, approved an award of $557,390 for Neff in compensation for the loss of her partner. The Post story quoted a spokesperson for the Human Rights Campaign as saying, “It is our sincere hope that this signals that other gay families who have suffered the loss of a loved one will be treated similarly.”    

The compensation program, which is operated by the U.S. Department of Justice, remains in operation until 2090. The Blade will report on any additional similar awards for LGBTQ surviving partners if Nava provides such information.    

Events commemorating the 25th anniversary of the 9/11 attacks were scheduled to take place this week at memorial sites honoring the 9/11 victims located outside the Pentagon in Arlington, Va., at the site of the World Trade Center Twin Towers in New York City, and the site of the jetliner crash in Shanksville, Pa., which is operated by the U.S. National Park Service.

The U.S. Congress in 2017 and 2021 approved separate bills signed by President Donald Trump during his first term in office and President Joe Biden creating the Global War on Terrorism Memorial and its construction, to be built on the National Mall in Washington, D.C. that’s scheduled to be completed in 2028.     

The memorial, to be located near the Lincoln Memorial and Vietnam Veterans Memorial close to 23rd Street and Constitution Avenue, N.W., is intended to honor people who served and were lost in the wars and counterterrorism operations that followed the 9/11 attacks, including U.S. military operations in Iraq and Afghanistan.     

Longtime LGBTQ rights advocate Jay Fisette, who at the time of the 9/11 attacks held the elected position of chair of the Arlington County Board, which serves as the county’s governing body, was among the Arlington officials that came to the Pentagon’s grounds in Arlington to oversee efforts by firefighters to rescue Pentagon workers on the day of the attack. 

At an Oct. 7, 2001, 9/11 Day of Remembrance and Appreciation ceremony held in Arlington, Fisette expressed the views of many in the community in response to the 9/11 attacks.

“Tonight, our community gather as a family,” he told the gathering. “We gather in sorrow and in disbelief, in remembrance and appreciation,” he said. “But we come here, too, with resolve and pride. We come together as Arlingtonians who love our country, as Americans who love our country,” he said.

“Our enemies may hurt our bodies and destroy our buildings, but they will never defeat our determination to make this a world of peace and a community in which our children grow up safe and secure,” Fissette said. 

Although some of the same-sex partners of those killed in the 9/11 attacks faced obstacles in obtaining financial support through the federal 9/11 relief program, Tom Hay, the surviving partner of 14 years of American Airlines pilot David Charlebois was treated with respect and honor by American Airlines officials and colleagues at Charlebois’s funeral mass at D.C.’s St. Matthew Cathedral. 

More than a dozen uniformed company pilots and flight attendants attended the mass. And a press release issued by American Airlines mentioned Charlebois’s relationship with Hay and told how Hay stood with Charlebois when Charlebois advocated for equal rights for LGBTQ people in the airline industry through his involvement with the National Gay Pilots Association.

“David was an early member of the NGPA,” the American Airlines statement said. “His contribution helped ensure ongoing progress toward fairness and solidarity.” 

Activists in New York have said the 9/11 attacks drew attention to the need for legal protections for same-sex couples, including the need for recognition of same-sex marriage, which the U.S. Supreme Court legalized nationwide in its landmark ruling in 2015.

But LGBTQ advocates in New York pointed to the difficulties LGBTQ surviving partners faced when desperately seeking to find out if a partner had survived at the site of the World Trade Center attack where the Red Cross and other emergency relief agencies set up a station near the site of the attack. 

“Literally, gay people had to go there, turn around, go back home, and get some paperwork that spouses didn’t have to get to prove a relationship existed,” said Ross Levi, who at the time served as executive director of the New York LGBTQ advocacy group Empire State Pride Agenda.

“You were nervous and scared and sad and then you had to go through that,” Levi told the Blade in 2011 at the time of the 10-year anniversary of the 9/11 attacks. “And worse yet, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”

Activists said New York City and New York State officials quickly recognized the inequities faced by same-sex partner survivors and took steps to change polices and laws to correct the situation. Among other things, New York’s then-Gov. George Pataki (R) issued an executive order in October 2001 that included surviving partners of gay and lesbian victims of the World Trade Center attacks in receiving full spousal benefits from the state’s Crime Victims Board.

In a separate development, the LGBTQ litigation group Lambda Legal, ESPA, the Human Rights Campaign, and other LGBTQ advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some support to surviving same-sex partners who were ineligible for help from the federal relief fund program. 

“The terrorist attack on September 11th is a tragedy that touched every American, impacting people and families from all walks of life,” Jonathan Lovitz, the Human Rights Campaign’s Senior Vice President for Campaigns and Communications told the Blade in a statement this week.

“As in all moments in American history, LGBTQ+ Americans were there, and feel the impact of this day,” he said. “As we remember the lives lost 25 years later, the heartbreak remains strong and the work to ensure that every person can live safe from violence in this country continues.”

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2026 Midterm Elections

Chris Pappas wins NH Democratic Senate primary

Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen

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U.S. Rep. Chris Pappas (D-N.H.) speaks at the LGBTQ+ Victory Fund's 2025 National Champagne Brunch in D.C. (Washington Blade photo by Michael Key)

New Hampshire Congressman Chris Pappas on Tuesday won the Democratic primary in the race to succeed retiring U.S. Sen. Jeanne Shaheen (D-N.H.) in the U.S. Senate.

Pappas defeated Karishma Manzur, who was his primary challenger, by a 61.8-36.1 percent margin.

The gay congressman will face off against former U.S. Sen. John E. Sununu, who defeated former U.S. Sen. Scott Brown in the Republican primary.

“Tonight’s victory sends a clear message that voters are looking for leaders who will fight for their rights, their freedoms, and to be treated with dignity and respect,” said Human Rights Campaign President Kelley Robinson in a statement. 

She campaigned for Pappas in Manchester, New Hampshire’s largest city, on Aug. 30.

“Chris Pappas has delivered results, stood up for equality, and showed up for the people he serves,” said Robinson in her statement. “HRC was proud to mobilize Equality Voters across New Hampshire to help power this win. We don’t have a second to waste between now and November. We look forward to continuing our work with Rep. Pappas as he drives toward victory in November so he can help return a pro-equality majority to the United States Senate.”

poll the University of New Hampshire Survey Center released on Aug. 26 showed Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.

Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.

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