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Feds Give Survivor Benefits to Same-Sex Partner.
More than a year after the Department of Justice announced guidelines for distribution of federal money to family members of those who died in the September 11th terrorist attacks, the Washington Post reports this week that the first award has been made to a surviving homosexual partner. Although there is no express provision for unmarried partners to claim monies from the September 11th Victim Compensation Fund, fund special master Ken Feinberg adopted a plan under which unmarried partner claims would be governed by the inheritance and dependency laws of the state in which they reside. Peggy Neff, having lost her lesbian partner of 18 years in the attack on the Pentagon, was awarded federal compensation of $557,390 despite having been denied recovery under Virginia law, which limits recovery to spouses, parents, grandparents, children and siblings.
David Smith of the Human Rights Campaign immediately celebrated the announcement, which he described as "the first time the federal government has recognized that someone in a gay relationship should receive compensation." As compensation awards are being determined on a case-by-case basis, it is not clear what accounted for the federal departure from Virginia law, or to what extent the case will stand as precedent in other situations. While the policy recognizes the close relationship between Ms. Neff and her partner, it does not recognize them as "spouses" or extend any formal Legal status to their relationship.
Sources: Transcript, "Kenneth Feinberg Holds News Conference," Federal document ClearingHouse Political Transcripts, Dec. 20, 2001; Steve Vogel, "U. S. Awards Lesbian 9/11 Compensation For Loss of Partner," Washington Post, Jan. 23, 2003, at B1.
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