Frank calls for equal treatment on any federal remedies for terrorism victims
Ashcroft asked to respond
By Beth Berlo

In a Nov. 15 letter to Attorney General John Ashcroft, Congressman Barney Frank, D-Mass., and a group of 45 bipartisan House members urged Ashcroft to prepare regulations for an airline industry relief law that grants compensation to a broad class of survivors of the Sept. 11 victims, which would include the victims' same-sex partners.

The legislation in question is the airline industry's bailout bill. It was created as an alternative to suing the airlines. The problem is, the term ``survivor" is nowhere defined, Frank said.

The letter, drafted by Frank, states: ``We believe that the federal government should provide such compensation as is appropriate to all of those who had a close relationship with the murdered victim and whose own financial position will be seriously adversely affected by the death."

By ``appropriate," Frank said surviving partners should, after showing proof of common domestic arrangements such as a shared residence, shared bank accounts, joint membership in a health plan, a significant sharing of living expenses, be able to be compensated.

``Obviously a wide range of different personal relationships will be covered by this, and we believe that this coverage is wholly appropriate in this instance," the letter continued. Frank used the example of an executive order signed by Gov. George Pataki of New York.

Congress passed the $15 billion aid package weeks after the attacks. ``The act we passed was not an effort by the Congress to regulate any set of personal relationships, nor to encourage or discourage people from following any particular pattern in their living arrangement," the letter states. ``It was simply a prompt response by the Congress to the terrible murders inflicted on America Sept. 11Ö"

On Oct. 11, the one-month anniversary of the attacks, Pataki signed an executive order ensuring that that gay and lesbian partners of people killed Sept. 11 will receive equal spousal benefits from the state's Crime Victims Board to help offset the loss of household income resulting from the death of a spouse, when both partners were mutually interdependent. Surviving partners can receive up to $600 per week to a total of $30,000.

Frank told Bay Windows Nov. 19 he commended what Pataki did. One of Frank's efforts behind the request, he said, was to get more Republicans to support it. Former President Gerald Ford last month became the highest-ranking Republican to endorse equal treatment for gay men and lesbians. Of the 45 House members who signed Frank's letter, 17 are Republicans and 28 are Democrats.

The request, Frank said, is not aimed at recognizing domestic partners. Rather, he said it was to persuade Ashcroft to be as inclusive and fair as possible in determining who should be eligible for compensation.

Among the 45 who signed the letter were Reps. Christopher Shays, R-Conn.; Jim Kolbe; R-Ariz.; Tammy Baldwin, D-Wisc.; Stephen Horn, R-Calif.; Benjamin Gilman, R-N.Y., and Rep. Anthony Weiner, D-N.Y.

Frank said he and the other House members sent the letter to Ashcroft in response to a notice the attorney general posted in the Federal Register two weeks ago. The notice sought input from the public on how the Justice Department should implement an airline relief law that Congress passed and Bush signed shortly after the attacks.

Right-wing extremists like the Rev. Lou Sheldon of the Traditional Values Coalition have blamed gay activists with ``taking advantage of this national tragedy to promote their agenda," in the wake of the attacks.

Frank acknowledged that conservative groups like Sheldon's and the ``Family Research Council have been all over us," but he added that their criticism means little.

``If it was the Clinton administration, it would have been easier," Frank said. But the fact of the matter, Frank said, ``is that we're talking about real people here, people who have suffered terrible traumas. The loss of someone close to them shouldn't have financial burdens added to that."

David Smith, communications director at the Human Rights Campaign (HRC), said the organization fully supports Frank's approach, but feels the effort is more complicated. For example, he said, ``Who is going to be eligible to receive funds? Is it the estate of the victim? Or is the next of kin to be defined by the Justice Department?" If the recipient of funding is the estate, Smith said, it's going to be a lot easier. ``These are partners of people who have wills."

Aiding the people who were directly victimized by the deaths of people close to them, Frank wrote, ``seems to us an appropriate response."

Ashcroft has reportedly set a Dec. 21 deadline to respond.