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Legacy of 9/11

10 years later, assessing impact of attacks on rights of same-sex couples

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Mark Bingham and partner Paul Holm

Mark Bingham, pictured here with partner Paul Holm, helped prevent United Flight 93 from reaching D.C. Those passengers are widely credited with saving the U.S. Capitol or White House on Sept. 11, 2001. (Blade file photo)

Ross Levi, executive director of New York’s LGBT advocacy group Empire State Pride Agenda, worked in the group’s lower Manhattan office in a different staff position at the time of the Sept. 11, 2001 terrorist attack on the World Trade Center.

In what he describes as the first horrifying hours following the crash of two hijacked jetliners into both World Trade Center towers, causing them to collapse, Levi said the ESPA staff joined other New Yorkers in helping survivors and victims any way they could.

“We opened the doors to our offices, which were on 12th Street at the time, to people as they were fleeing the World Trade Center site and coming downtown,” he said. “Many of them came right by our offices and so people were coming in just to use the bathroom and get some water and make phone calls,” he said.

“And in that way we were just a member of the New York family that had to go through this horrible event,” Levi said.

But Levi and other LGBT activists observing the Sept. 11 events as they unfolded said they quickly discovered within a week of the attacks that same-sex partners of those killed, injured or missing in the World Trade Center collapse faced additional hurdles in obtaining government and private sector assistance.

He said ESPA first became aware that same-sex partner survivors were being treated differently when the city and private relief agencies like the Red Cross set up an emergency station on a pier along New York’s Hudson River where people could go to find a family member missing and as yet unaccounted for in the World Trade Center carnage.

“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,” Levi said. “You were nervous and scared and sad and then you had to go through that. And worse, other people turned them away, even with the paperwork, saying sorry you’re not a family according to our guidelines.”

Activists reflecting on the Sept. 11 tragedy this week 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. The changes began to take place, activists, said, following news media reports of the loss of individual LGBT people at the World Trade Center and at the Pentagon just outside Washington, which was hit by a third hijacked plane.

“It had such an impact because the loss was about death and relationships,” said Jennifer Pizer, senior counsel for Lambda Legal, an LGBT litigation group, in a 2006 interview with the Blade at the time of the 5th anniversary of the Sept. 11 attacks.

“The grief and loss was the same between heterosexual and same-sex couples, and a perception of this seemed to come through to much of the public,” Pizer said.

Among the victims widely reported on by the media was Mark Bingham, a gay public relations executive and avid rugby player from San Francisco, who was one of the passengers on United Airlines Flight 93, which crashed into the countryside in Pennsylvania.

Bingham’s mother said she spoke to him by cell phone after his hijacked plane was believed to be heading toward Washington, D.C. for another terrorist attack. She said she believes her son was part of a small group of passengers believed to have attempted to wrestle control of the plane from the hijackers.

Authorities have speculated that passengers such as Bingham and others most likely intervened to prevent the hijackers from crashing the jetliner into a building in Washington, such as the Capitol or the White House.

Bingham was among the 9/11 victims portrayed in the Hollywood film “United 93.”

David Charlebois

American Airlines pilot David Charlebois, who was gay, served as co-pilot onboard American Airlines Flight 77 when terrorists hijacked it and crashed it into the Pentagon. (Blade file photo)

Another of the victims widely reported in the media was American Airlines pilot David Charlebois, who was gay and an active member of the National Gay Pilots Association. Charlebois was serving as first officer, or co-pilot, onboard American Airlines Flight 77 when terrorists hijacked the Boeing 757 jetliner and crashed it into the Pentagon.

All of its crew and passengers perished along with dozens of Pentagon employees working in the part of the building struck by the plane.

Charlebois’ surviving partner of 14 years, Tom Hay, was treated with respect and honor by American Airlines’ top brass and colleagues when more than a dozen uniformed company pilots and flight attendants attended Charlebois’ funeral mass at St. Matthews Cathedral in downtown D.C.

“It was a time when all Americans did come together with a single, united focus,” said David Smith, vice president of programs for the Human Rights Campaign and the national LGBT advocacy group’s media spokesperson at the time of the Sept. 11 attacks.

“And there were extraordinary acts of kindness and recognition that this is an issue that needs to be dealt with, i.e., our families need to be protected,” Smith said. “But it also really brought into stark reality how the lack of recognition of our families causes real pain and at times almost insurmountable challenges that families that are protected by law through marriage don’t have to experience.”

Levi said ESPA was pleased when, in response to requests by LGBT advocacy groups and media reports, then GOP Gov. George Pataki 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.

“The order marks the first official step taken by any level of government in the nation to address the inequities faced by gay and lesbian survivors of the terrorist attacks in obtaining benefits,” ESPA said in a statement at the time.

The New York State Legislature soon followed suit by passing three separate bills that included same-sex partner survivors in various state benefits to be allocated to 9/11 survivors and their families. One provided state worker’s compensation benefits to domestic partners of 9/11 victims.

Another bill approved by the legislature enabled same-sex partners and their children to be eligible for a newly created World Trade Center Memorial Scholarship Program. A third bill passed by the legislature called on the federal government to include same-sex partners in federal relief programs for 9/11 survivors.

A short time later, the Red Cross responded to requests by ESPA, HRC, Lambda Legal and other LGBT groups by opening up its disaster relief programs to same-sex partner survivors. Activists called the action historic and noted it resulted in badly needed relief for LGBT victims of Hurricane Katrina, which struck New Orleans and the Gulf Coast several years later.

On the federal level, President George W. Bush and Republican members of Congress joined Democrats in approving a massive, $7 billion Sept. 11 Victim Compensation Fund. Officials said the program was aimed at providing a viable alternative to thousands of individual wrongful death lawsuits that likely would have emerged against airline companies and the company that operated the World Trade Center if such a fund were not created.

But LGBT advocacy groups once again discovered that the relief funds would likely be out of reach for surviving same-sex partners of 9/11 victims. Among other things, the fund’s administrator, attorney Kenneth Feinberg, who had worked for the late U.S. Sen. Edward Kennedy (D-Mass.), said rules for who is eligible for receiving as much as $1.3 million in compensation payments would have to be linked to state probate laws and rules.

At the time, no state probate law recognized same-sex relationships, even if they were made legal on the local level by a city or county domestic partnership ordinance.

ESPA, HRC, Lambda Legal and other advocacy groups said they worked hard to lobby the U.S. Justice Department, which had jurisdiction over the compensation fund program, to take administrative steps to include same-sex couples survivors in the program.

At the time, Feinberg told the Blade that while he was concerned about the plight of surviving domestic partners of the Sept. 11 victims, it was not feasible to include specific domestic partner provisions in the relief fund’s regulations.

“If I get in the middle of that fight and try and trump local probate law in a particular case, I’ll be up to my neck in lawsuits,” he said. “I’m not saying they’re not entitled,” he said. “I’m not saying they are entitled.”

Smith of HRC said at least two of about 22 known LGBT partner survivors in the Sept. 11 attacks did receive compensation from the fund. Smith said the compensation payments came about, however, when surviving blood relatives chose not to challenge the same-sex partners’ application for the compensation.

In a separate development, HRC, ESPA, Lambda Legal and other LGBT advocacy groups created the September 11 Gay & Lesbian Family Fund to provide some relief to surviving partners who were ineligible for help from the federal relief fund program.

In a May 2006 announcement, ESPA said the known surviving partners of gay or lesbian victims of 9/11 had received nearly $17,315 each from the new Gay & Lesbian Family Fund. ESPA said at the time that the groups raised a total of $378,812 for the fund, with only $11,193, or 2.9 percent, being spent on administrative costs.

“The Family Fund was established in December [2001] to help offset the discrimination gay and lesbian partners faced in obtaining benefits automatically afforded to surviving spouses, including Social Security and Workers Compensation survivor benefits, and compensation under the Federal 9/11 Victims Compensation Fund,” the ESPA statement said.

“I don’t think there is one of us who were of remembering age who lives their life the same on Sept. 11 at 8 o’clock in the morning as we did at 10 o’clock in the morning on that day,” said Winnie Stachelberg, senior vice president for external affairs for the Center for American Progress, and who served as HRC’s political director in 2001.

“And my hope is it’s changed us to respect our diversity, to honor our humanity,” she said. “I don’t know if we’ve embraced those lessons but in this 10th year anniversary if we don’t remember that we need to honor our diversity and our humanity we will not have learned from the tragedy of Sept. 11.”

Another of the widely reported 9/11 victims was Father Mychal Judge, a gay Catholic priest and beloved New York Fire Department chaplain. Judge was killed when struck by falling debris next to the World Trade Center while he was performing last rites for a dying firefighter. His sexual orientation, while not widely known until after his death, was confirmed by New York Fire Commissioner Thomas Von Essen, who told New York magazine that Judge confided to him that he was both gay and celebate.

In 2002, Congress honored Judge by using his name for the landmark Mychal Judge Police and Fire Chaplains Public Safety Officers Benefit Act. The law marked the first time the federal government had extended an equal benefit for same-sex couples, in this case allowing domestic partners of public safety officers killed in the line of duty to obtain a federal death benefit.

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New York

Judge blocks DOJ from obtaining transgender patients’ medical records

Advocacy groups sued White House

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Protesters pushed for protections for transgender children’s right to healthcare outside the D.C. Attorney General’s office in 2025. (Washington Blade photo by Michael Key)

A judge for the U.S. District Court for the Southern District of New York has granted a request from multiple transgender people for a temporary restraining order, blocking the disclosure of plaintiffs’ and class members’ medical information to the Justice Department.

Judge Katherine Polk Failla approved the Temporary Restraining Order and Provisional Class Certification, preventing any further information from being provided to the Trump-led DOJ.

The medical data was requested through subpoenas issued by the Trump-Vance administration’s DOJ to multiple hospitals in New York City — most notably NYU Langone — which halted its Transgender Youth Health Program in May following a federal push to stop providing trans minors with gender-affirming care.

In May 2026, NYU Langone Hospitals received a subpoena from a federal grand jury in Fort Worth, Texas, demanding that the hospitals turn over the identities and sensitive health information of any patient who had received medical treatment for gender dysphoria while under the age of 18 at NYU Langone between January 2020 and May 2026.

Lambda Legal, the American Civil Liberties Union, and the New York Civil Liberties Union filed a lawsuit, “Coe, et al. v. Blanche, et al.,” against the Trump-Vance administration on behalf of three families with trans youth and two trans young adults who were minors when they began care, in June 2026.

The lawsuit requests a temporary restraining order blocking the DOJ from violating the patients’ constitutional privacy rights by obtaining identifying and sensitive health information as part of its investigation into unspecified health offenses. The DOJ issued subpoenas to NYU Langone and other similar healthcare institutions in New York City, including Mount Sinai, that provide or have provided gender-affirming medical care to trans minors. All plaintiffs have filed under pseudonyms to maintain their privacy and anonymity.

Multiple leaders of organizations that helped push for the restraining order provided quotes about the ongoing situation and what it means for the fight for trans children’s access to healthcare in the U.S.

“Today’s order from the court is a victory for the basic privacy of our clients and all families like theirs across New York City. It is no secret that this administration will use every lever in its power to attack transgender people and fulfill its misguided goal to ‘end’ gender-affirming medical care — care that is legal and protected in New York State. Using subpoenas to attain the identities and sensitive health information of transgender young people to effectuate such goals should send chills down the spine of every American. Our laws and our Constitution recognize that we all have a right to confidentiality about the most intimate and private information about ourselves,” said Omar Gonzalez-Pagan, senior counsel and health care strategist at Lambda Legal. “Whether a young person receives any type of medical care is a decision for that patient, their family, and their doctor, not for political appointees to decide, interfere with, or know. The government cannot abuse its powers to violate the constitutional rights of transgender young people and their families. It is an enormous relief for these families that the court has stopped them from doing so as this case proceeds.”

“We’re thankful the court has granted our emergency request to protect the privacy interests of transgender New Yorkers and their families,” said Chase Strangio, co-director of the ACLU’s LGBTQ & HIV Rights Project. “Patients and families trust their doctors with their most intimate, private information and should trust in turn that this information will be protected from impermissible and harassing demands for disclosure from the federal government or anyone else. For the past year, the Trump administration has not only decided that it knows better than these families and their doctors what their medical needs are, but has also sought to obtain troves of sensitive information about patients in New York. We will continue to fight on behalf of these families and the fundamental liberty of all transgender New Yorkers and those who come here to seek needed medical care.”

“New York’s laws recognize that transgender youth deserve fundamental privacy protections for their sensitive medical records and unobstructed access to the care they need,” said Bobby Hodgson, deputy legal director at the New York Civil Liberties Union. “As the Trump administration tries to bully transgender youth, scare families, and intimidate healthcare providers into dropping their patients, we’re thankful the court found these tactics are likely unconstitutional and put a stop to them here in New York.”

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Federal Government

Trump holds housing bill hostage to anti-trans SAVE Act

President’s SAVE Act failed in the Senate

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People protesting the restrictive and anti-trans SAVE Act in March. (Washington Blade photo by Michael Key)

President Donald Trump is refusing to sign a new bipartisan housing bill unless his SAVE Act is approved by the legislative branch.

The bill being prevented from being enacted into law is the “21st Century ROAD to Housing Act.” The legislation is an attempt by Congress to make buying a home in the U.S. Senate more affordable in response to various factors — including housing shortages and regulatory constraints — that have made homeownership increasingly difficult. The total number of homeowners has nearly stopped growing, with high interest rates and surging home prices pushing more Americans toward renting.

The housing bill was considered highly bipartisan, something that is rare in this Congress. The House voted to pass the bill 358-32 on Tuesday after the Senate approved the measure 85-5 a day earlier. The legislation was led by U.S. Sens. Elizabeth Warren (D-Mass.) and Tim Scott (R-S.C.) in the Senate and U.S. Reps. Maxine Waters (D-Calif.) and French Hill (R-Ark.) in the U.S. House of Representatives.

Some of the highlights of the legislation are aimed at increasing the supply of affordable housing while making homeownership more accessible. The bill would streamline environmental reviews and direct the U.S. Department of Housing and Urban Development to provide guidance to communities on reforming zoning and land-use policies that can create barriers to housing development.

The legislation would also expand the definition of “manufactured housing,” making it cheaper and easier to mass-produce homes built in factories before being transported to their sites. To encourage additional development, the bill would provide grants and loans for the construction of new housing, the rehabilitation of aging properties, and the conversion of vacant buildings into residential units. It would also increase certain banks’ Public Welfare Investment cap, allowing them to direct more capital toward low-income and affordable housing projects.

In an effort to help more Americans purchase homes, the legislation would create a program to expand access to small-dollar mortgages, which are often used to finance lower-cost homes, while also seeking to improve housing opportunities for veterans. The bill would further promote homeownership by limiting the number of single-family homes that large institutional investors can own and requiring them to disclose how many such properties they control, a measure intended to prioritize American families over corporate buyers.

The bill the president wants enacted — the SAVE Act — is a restrictive and anti-transgender piece of proposed legislation.

The bill would impose a number of new limitations on voter registration across the country by amending the National Voter Registration Act of 1993 to require in-person proof of citizenship for anyone seeking to vote in U.S. elections. The bill would also limit acceptable forms of identification to documents such as a birth certificate or passport — records that the Brennan Center for Justice estimates more than 21 million Americans do not possess — effectively restricting access to the ballot. It would also ban online voter registration, DMV voter registration efforts, and mail-in voter registration.

Trump pushed for the SAVE Act to include a provision that would ban gender-affirming medical care for trans minors, even with parental consent, and prohibit trans people from participating in school or professional sports consistent with their gender identity rather than their sex assigned at birth.

Trump also pressed Senate Majority Leader John Thune (R-S.D.) to eliminate the filibuster so the Republican-controlled Congress could pass the SAVE Act, saying Republicans will never win another election without it.

It is expected that Congress will override the president’s veto and pass the 21st Century ROAD to Housing Act, as it requires a two-thirds supermajority vote in both the House of Representatives and the Senate — a threshold the legislation currently exceeds.

It is not expected that the SAVE Act will pass the Senate in its current form. It passed the House, but every Democrat and four Republicans voted against it in the Senate.

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New York

N.Y. governor’s race presents stark contrast on LGBTQ rights

Democratic Gov. Kathy Hochul expected to face Republican Bruce Blakeman

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Kathy Hochul (Photo courtesy of the then-New York Gov. Andrew Cuomo's office)

As states across the country grapple with a rapidly changing federal landscape under President Donald Trump, governors have increasingly become the first line of defense — or enforcement — on issues ranging from healthcare and education to LGBTQ rights.

Nowhere is that more apparent than in New York, Trump’s home state, where the 2026 gubernatorial race is shaping up as a high-profile battle over the future of LGBTQ protections.

Incumbent Democratic Gov. Kathy Hochul is seeking a second full term as New York’s 57th governor and the state’s first female governor. She enters the race with strong support from LGBTQ advocates and organizations, including an endorsement from the Stonewall Democrats of New York City. Earlier this year, Hochul was also endorsed by progressive leaders like New York City Mayor Zohran Mamdani and U.S. Rep. Alexandria Ocasio-Cortez. She is running alongside New York City Council Speaker Adrienne Adams as her lieutenant governor candidate.

Throughout her tenure, Hochul has signed a series of measures aimed at strengthening protections for LGBTQ New Yorkers, particularly transgender residents.

Among the most notable is New York’s “Trans Safe Haven Act,” which protects out-of-state trans youth, their parents, and medical providers who travel to New York to access legally protected gender-affirming care. Hochul has also signed legislation requiring health insurance plans to cover HIV prevention medications, including PrEP and Post-Exposure Prophylaxis (PEP), without out-of-pocket costs.

Additionally, Hochul signed a Long-Term Care Bill of Rights that prohibits discrimination against LGBTQ seniors and people living with HIV in long-term care facilities.

“As the birthplace of the LGBTQ+ rights movement, New York has long been at the forefront of advancing equality,” Hochul said in a statement during Pride month. “During Pride month, we celebrate New York’s vibrant LGBTQ+ community and acknowledge the importance of protecting the rights and freedoms of LGBTQ+ New Yorkers. This month and every month, we proudly stand with the LGBTQ+ community and remain committed to building a more inclusive and equitable future for all where everyone can live freely with dignity, safety, and respect.”

On the Republican side, Nassau County Executive Bruce Blakeman has emerged as the party’s leading candidate. Blakeman is running with Madison County Sheriff Todd Hood as his lieutenant governor pick.

Blakeman, Nassau County’s 10th county executive, was first elected in 2021 after defeating Democratic incumbent Laura Curran. He previously served as a commissioner of the Port Authority of New York and New Jersey, a Nassau County legislator, and a Hempstead town councilman.

A longtime supporter of Trump, Blakeman appeared alongside the president during a 2024 event honoring slain NYPD Officer Jonathan Diller.

LGBTQ advocates have frequently criticized Blakeman for his positions on trans issues, particularly his opposition to trans women participating in women’s sports.

In February 2024, Blakeman signed an executive order barring women’s sports teams that include trans women from using Nassau County athletic facilities. The policy applies to youth, collegiate, and professional teams. Teams that include trans men were not affected. The order has since been halted by the New York State Appellate Division swiftly issued an injunction halting enforcement while the plaintiffs appeal the decision

Ahead of announcing the order, Blakeman repeatedly referred to trans women as “biological males” and argued they should compete on men’s or co-ed teams. LGBTQ rights groups condemned the policy, saying it discriminates against trans athletes and contributes to the marginalization of trans youth.

Trump endorsed Blakeman’s gubernatorial campaign in December 2025, shortly after U.S. Rep. Elise Stefanik (R-N.Y.) announced she would not seek the Republican nomination. The president made his endorsement via Truth Social that “Bruce is MAGA all the way, and has been with me from the very beginning.”

The Washington Blade contacted Blakeman’s campaign seeking comment on his LGBTQ policy priorities and views on issues including nondiscrimination protections, trans rights, and healthcare access. The campaign did not respond.

The race highlights two sharply different approaches to LGBTQ policy in a state widely regarded as the birthplace of the modern LGBTQ rights movement, home to the 1969 Stonewall uprising that helped launch the contemporary movement for LGBTQ equality.

Despite the ideological contrast, early polling suggests Hochul remains the clear favorite. Most public surveys show the incumbent holding a double-digit advantage over her potential Republican challengers, with some polls placing her lead at roughly 20 percentage points ahead of the November election.

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