Congressman Barney Frank [4th District, Massachusetts] today expressed disappointment in the decisions that have been made so far by the Justice Department with regard to compensation for the same-sex survivors of people murdered by terrorists on September 11, but noted that the final question of whether or not these bereaved individuals are receiving fair treatment will not ultimately be determined until each of their cases is decided.

Frank had worked to persuade the Special Master, Kenneth Feinberg, to issue regulations which made clear the right of same-sex survivors to be treated fairly.

"It is clearly within the statute for the Special Master to provide compensation to surviving members of same-sex couples whose partners were victims of the same murderous acts as were the spouses of people allowed to be legally married, and there is no reason for the federal government to ignore the pain, loss and suffering of one set of survivors while providing some assistance to others," Frank said.

He noted that 49 Members of the House of Representatives, Governor Pataki of New York, former Mayor Giuliani of New York, Attorney General Elliot Spitzer of New York, and many others urged the Justice Department to treat all survivors equally. In the time after the passage of the legislation, Frank consulted with members of the Bush administration and leading Republicans who have taken pro-gay and lesbian positions as to the best way to make this case.

"Those of us seeking to provide fair treatment for same-sex couples did everything that people close to the Bush administration recommended that we do," Frank said, "and I am very disappointed with the results to date. But I note that the Special Master has pointed out that he retains the final authority to make decisions case by case, and he has asserted that he will take equity into account in making these final decisions. It is only when each of these cases is resolved that we will know whether or not gay, lesbian, bisexual and transgendered Americans will be treated as second-class citizens by their own government even at the time of their greatest grief."

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