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Time running short for ending ‘Don’t Ask, Don’t Tell’

Activists pressure Senators to end ban during lame duck session

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White House Press Secretary Robert Gibbs rankled LGBT advocates after he failed to mention ‘Don’t Ask, Don’t Tell’ repeal when asked about legislative priorities in the lame duck session of Congress. (Washington Blade photo by Michael Key)

Supporters of “Don’t Ask, Don’t Tell” repeal are pushing the Senate to end the law in the lame duck session of Congress amid questions about whether sufficient support exists to complete the task by year’s end.

One Democratic aide, who spoke on condition of anonymity, told the Blade that Senate passage of major defense budget legislation to which “Don’t Ask, Don’t Tell” repeal is attached would require “all the stars aligning” as well as active support from President Obama and Defense Secretary Robert Gates.

Asked this week whether those elements were coming into alignment as the lame duck session approaches, the aide said, “Hell no. We ain’t anywhere near alignment.”

Senate Armed Services Committee Chair Carl Levin (D-Mich.) told reporters on Tuesday that passing the fiscal year 2011 defense authorization bill with the “Don’t Ask, Don’t Tell” repeal language presents challenges.

“We’re trying to get both things accomplished, and we just don’t know if we can,” Levin said, according to the Grand Rapids Press.

“Republicans have filibustered the whole defense bill because of that [‘Don’t Ask, Don’t Tell’] provision. There’s some people who say that unless the defense bill has that provision, that we shouldn’t pass it,” he continued. “My position is, we should try to get both things done some way or another.”

Media reports circulated this week that Levin was engaged in talks with Sen. John McCain (R-Ariz.) to advance the defense authorization bill after stripping it of the “Don’t Ask, Don’t Tell” repeal language.

But while some see challenges in moving forward with legislative repeal of “Don’t Ask, Don’t Tell,” others see a path forward if certain conditions are met.

Winnie Stachelberg, senior vice president for external relations at the Center for American Progress Action Fund, said Tuesday in a conference call with reporters that advocates are in a “solid position” to see legislative repeal of “Don’t Ask, Don’t Tell” before year’s end.

Stachelberg cited recent public statements from the White House, Senate Majority Leader Harry Reid (D-Nev.) and Gates to back that assertion.

“The administration’s really strong statement [Monday], Sen. Reid’s statement saying they are not going to stand for a defense authorization bill that strips out the repeal measure are really strong signals that people are moving to a phase where it’s about procedures, not about the will to get this done,” Stachelberg said.

In the statement on Monday, Pfeiffer said the White House “opposes any effort to strip ‘Don’t Ask, Don’t Tell’ from the National Defense Authorization Act.”

On Sunday, Gates made news when he told reporters that he supports legislative repeal of “Don’t Ask, Don’t Tell,” but isn’t sure of the likelihood of that happening. Previously, he said waiting for the Pentagon working group report on the issue, due Dec. 1, would be the best approach for congressional action.

“I would like to see the repeal of ‘Don’t Ask, Don’t Tell,’ but I’m not sure what the prospects for that are,” Gates said. “And we’ll just have to see.”

Jim Manley, a Reid spokesperson, said the senator wants to see passage of the defense authorization in lame duck, but added an agreement with Republicans is necessary to move forward.

“Like Defense Secretary Gates, Sen. Reid strongly supports the repeal of ‘Don’t Ask, Don’t Tell’ to help strengthen our volunteer force and is continuing to work toward passing the repeal this year,” Manley said. “He, of course, can’t do it alone. The senator needs Republicans to at least agree to have a debate on this issue — a debate he firmly believes the Senate should have.”

In a joint statement on Tuesday, senators known for supporting repeal of “Don’t Ask, Don’t Tell” called for legislative action before the year’s end. Sens. Joseph Lieberman (I-Conn.), Kirsten Gillibrand (D-N.Y.) and Mark Udall (D-Colo.) said the Senate “should act immediately to debate and pass” the defense authorization bill along the with the repeal language in the lame duck session.

“The Senate has passed a defense bill for forty-eight consecutive years,” the senators said. “We should not fail to meet that responsibility now, especially while our nation is at war. We must also act to put an end to the ‘Don’t Ask, Don’t Tell’ policy that not only discriminates against but also dishonors the service of gay and lesbian service members.”

The senators said a failure to act legislatively on “Don’t Ask, Don’t Tell” repeal could mean “a federal judge may do so unilaterally in a way that is disruptive to our troops and ongoing military efforts.” Last month, U.S. District Court Judge Virginia Phillips issued an injunction against enforcing “Don’t Ask, Don’t Tell” that confirmed her earlier ruling striking down the statute, but her decision was stayed by a higher court upon appeal.

“It is important that ‘Don’t Ask, Don’t Tell’ be dealt with this year, and it appears that the only way that can happen is if it’s on the defense bill,” the senators concluded.

Influencing moderate senators who may have voted “no” when the defense bill previously came before the Senate in September to change their votes a second time around is seen as essential for moving forward.

On Tuesday, the Human Rights Campaign announced that it deployed field organizers to eight states — Alaska, Arkansas, Indiana, Maine, Massachusetts, Ohio, Virginia and West Virginia — to persuade senators there to vote in favor of the defense authorization bill and “Don’t Ask, Don’t Tell” repeal. According to HRC, the efforts include mobilizing veterans to speak out, holding public events and blanketing local media with pro-repeal messages.

In a statement, Joe Solmonese, HRC’s president, said lawmakers have “one last chance” in the 111th Congress to “follow the advice of the president and top military leaders by sending ‘Don’t Ask, Don’t Tell’ to the dustbin of history.”

“It would be a travesty for a small group of senators to continue to hold hostage a bill with critical military equipment and pay raises just because some senators don’t want to even debate repeal,” Solmonese said.

The time limit for acting on legislative repeal of “Don’t Ask, Don’t Tell” in the lame duck session is among the challenges in getting it passed. Most repeal supporters say the Senate would need two weeks to debate and vote on the defense authorization bill, and more time is needed to conference the legislation with the U.S. House.

One Republican aide, who spoke on condition of anonymity, said the problem with passing the defense authorization bill isn’t having insufficient votes; it’s having insufficient time. The aide said waiting for a vote on defense authorization bill until December would mean repeal won’t happen this year.

“If Reid is serious about bringing this up, he needs to bring it up next week, he needs to cancel Thanksgiving recess and he needs to get it off the floor and into conference that first week of December,” the aide said.

But Stachelberg said she thinks Congress would stay in session for longer than what many Capitol Hill observers are expecting and would have more time to act on the defense authorization bill.

“Congress has to pass a [continuing resolution] and deal with expiring tax cuts,” Stachelberg said. “We anticipate that these issues will take longer than most people anticipate. A longer lame duck increases the likelihood of passing the defense authorization bill with ‘Don’t Ask, Don’t Tell’ in it.”

Even with a longer lame duck session, whether “Don’t Ask, Don’t Tell” is a priority for the administration remains in question.

Last week, White House Press Secretary Robert Gibbs didn’t mention repeal when asked during a news conference about legislative priorities in the lame duck session of Congress. Instead, Gibbs mentioned extending tax cuts to middle-class Americans and ratification of the START treaty, a nuclear arms reduction agreement with Russia.

Alex Nicholson, executive director of Servicemembers United, criticized the remarks and said the administration needs to make clear that it’ll push for repeal during lame duck.

“These omissions stand in stark contrast to what the president and his staff are saying elsewhere,” Nicholson said. “Mr. President, either your administration is with us or it’s against us, and a mediocre level of public advocacy from your White House is not standing with us.”

Stachelberg said she thinks Dan Pfeiffer’s statement on Monday offers a better sense of what the White House is thinking as opposed to Gibbs’ comments.

“Rather than looking earlier in the day from Gibbs’ comments … I would look to the later comments from Dan Pfeiffer showing that the administration really does care that this gets done and that they’ll stand firm on the defense authorization bill in ensuring that it includes ‘Don’t Ask, Don’t Tell’ repeal,” she said.

Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said he’s “very concerned” Gibbs didn’t list the defense authorization bill as a priority for the lame duck session, but said he doesn’t think in that instance the White House press secretary “was speaking for the president.”

“The president has made it clear to some of us that he wants to get this done in the lame duck and I believe the president will be good on his word on this,” Sarvis said.

Another possible game changer for “Don’t Ask, Don’t Tell” repeal is the completion of the Pentagon working group study on implementing an end to the law. The group has a deadline of Dec. 1 to deliver its report to the defense secretary, but one source said a draft copy is already circulating within the Pentagon.

Sarvis mentioned the circulation of the draft copy and said his understanding is Levin has asked the Pentagon for a report on the status of the Pentagon working group’s recommendations.

“It’s appropriate that he do so when we know that a draft of that report is being circulated and that a draft of that report is in the hands of each one of the service chiefs,” Sarvis said.

Last weekend, Marine Corps Commandant Gen. James Amos, who assumed his position as service chief last month, said now isn’t the time for “Don’t Ask, Don’t Tell” repeal and that he’s trying to determine how to “measure that risk” of ending the law.

On Monday, the general’s comments were rebuked by Chairman of the Joint Chiefs of Staff Adm. Michael Mullen, who said he was “surprised” by Amos’ remarks and surprised he said them publicly.

Sarvis said he thinks what he called Amos’ “tirade” is related to “his being disappointed in what he saw in that report.” Media reports have stated the report will reveal that a majority of U.S. troops don’t care if gays are serving openly in the U.S. armed forces.

Could the report bolster legislative efforts to repeal “Don’t Ask, Don’t Tell”? Stachelberg said the Dec. 1 deadline for the report gives senators ample time to review the findings and take action in lame duck.

“Gates’ comments over the weekend, I think, suggest that this study — in alignment with the legislative process — will be positive,” she said.

The Center for American Progress has identified 10 senators who’ve said they want to see the Pentagon study to help inform their decision on lifting the military’s gay ban.

Among them are Sens. Scott Brown (R-Mass.), Lindsey Graham (R-S.C.), Judd Gregg (R-N.H.), McCain, Mark Pryor (D-Ark.), Olympia Snowe (R-Maine), George Voinovich (R-Ohio) and Jim Webb (D-Va.). The newly elected senators who, because of state election laws, are expected to take their seats during lame duck — Mark Kirk of Illinois and Joe Manchin of West Virginia — have also made statements along these lines.

“Some of these had opportunities to vote for or against repeal in either the House or Senate Armed Services Armed Committee, but each of them took the opportunity to say that — notwithstanding their ‘no’ votes — they wanted to see the complete assessment before Congress moves forward,” Stachelberg said. “We believe this gives them an opportunity to do so.”

Sarvis said he thinks the completion of this report, as well as Gates’ comments saying he wants congressional action on “Don’t Ask, Don’t Tell,” will be helpful in moving moderate senators to support repeal.

“I believe the report is going to satisfy a number of those senators who said they didn’t want to vote until that report was finished and they didn’t want to vote until they heard from Secretary Gates,” Sarvis said. “Well, they heard from Secretary Gates and they’re going to have the report shortly.”

The election of Kirk in Illinois has been nettlesome to many supporters of “Don’t Ask, Don’t Tell” because he voted against a repeal measure as a U.S. House member, and, upon taking his seat in lame duck, would replace Sen. Roland Burris (D-Ill.), among the strongest supporters of repeal.

Sarvis said Kirk’s position is “not entirely clear,” but emphasized that the newly elected wouldn’t even be in the Senate if Reid schedules the defense authorization bill for a vote early in the lame session.

“If the Senate moves to lay the bill down the week of the 15th when they come back, and we have the critical vote to proceed in November, Sen. Burris will still be in the Senate,” Sarvis said. “The secretary of state of Illinois has indicated that there will not be any certification [to seat Kirk] until December.”

Among those senators identified by the Center for American Progress, McCain has opposed “Don’t Ask, Don’t Tell” repeal even before the Pentagon announced its intention to end the law. Repeal advocates have said they believe McCain will continue to oppose an end to “Don’t Ask, Don’t Tell” no matter the results of the report.

But Stachelberg said the completion of the report may prompt McCain to at least drop his objection to moving the defense authorization bill as a whole to the Senate floor.

“I think he will continue to vote ‘no’ on repeal,” she said. “I think it’s a question about whether he will obstruct and stand in the way of passage of a defense authorization bill — a bill that he has cared about for years.”

After the completion of the Pentagon study, it’s possible that members of the Senate Armed Services Committee would call for hearings to examine the working group’s findings. Having to wait for hearings could delay congressional action on “Don’t Ask, Don’t Tell.”

But Rudy DeLeon, senior vice president of national security and international policy for the Center for American Progress Action Fund, said the Senate can take action to repeal “Don’t Ask, Don’t Tell” before holding hearings on the issue.

DeLeon noted that the legislation pending before Congress has a 60-day waiting period from the time that repeal is certified to the time that an end to “Don’t Ask, Don’t Tell” is enacted.

“There really is a clock that will give the military a full voice, give the military a seat at the table, so the Joint Chiefs and the combatant commanders will certainly be able to offer their views on the implementation of the repeal,” he said.

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National

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

Eligibility for same-sex partner survivors remains unclear

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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 she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.

She said 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.  

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. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.

“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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