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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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South Carolina

Who might replace Lindsey Graham? The contenders and their LGBTQ records

Long-time SC senator died suddenly on Saturday.

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The late-U.S. Sen. Lindsey Graham (R-S.C.) (Washington Blade photo by Michael Key)

Republican U.S. Sen. Lindsey Graham (R-S.C.) has died, and what he has left behind is a power vacuum for his U.S. Senate seat — and within the Republican Party.

The South Carolina senator had been a major part of Republican politics up until his Saturday death at his home in Washington, reportedly of an aortic dissection related to arteriosclerotic cardiovascular disease.

Graham has been a fixture in government at both the state and federal level. He began his political career in the South Carolina House of Representatives in 1992, representing the Palmetto State’s 2nd District before eventually moving to the federal government.

He moved up to Capitol Hill after his 1994 run for the U.S. House of Representatives. In 2003 he stepped across the rotunda to the Senate in 2003 following the retirement of longtime U.S. Sen. Strom Thurmond.

He consistently opposed LGBTQ rights while alive.

He voted against the 2022 Respect for Marriage Act, saying the decision should be left up to state governments, and the 2013 Employment Non-Discrimination Act, and opposed the repeal of Don’t Ask, Don’t Tell.

With Graham’s sudden passing, the Republican Party is scrambling to find a replacement who can advance both its goals and those of the president as Republicans’ supermajority in the federal government begins to shrink.

Among those reportedly in the running is Treasury Secretary Scott Bessent, the highest-ranking openly LGBTQ federal official in American history and fifth in the presidential line of succession.

Bessent, a South Carolina native, was formerly a supporter of the Democratic Party and donated to several Democratic presidential candidates before switching parties in 2017 following Trump’s election in 2016. He later donated $1 million to Trump’s 2017 presidential inaugural committee.

On Sunday, Bessent was also fielding calls from people asking him to run, according to a person familiar with the communications. A person close to Bessent told Politico that he is not interested in the seat, saying he is happy in his role as Treasury secretary, a position he has long wanted.

The Washington Blade reached out to the Treasury Department for comment, but did not receive a response by publication time.

One of the most anticipated and widely discussed names for the vacant Senate seat is Lt. Gov. Pamela Evette.

Evette is a staunch supporter of President Donald Trump and has gone as far as criticizing Republicans for not supporting the conspiracy theory that the 2020 presidential election was stolen. Trump also endorsed her gubernatorial campaign, though she ultimately lost to her now-boss, Gov. Henry McMaster.

McMaster has a long history of opposing LGBTQ rights.

During an October 2022 gubernatorial debate, McMaster said that if the U.S. Supreme Court overturned Obergefell v. Hodges, he would enforce South Carolina’s preexisting law banning same-sex marriage. In 2022, he also signed legislation requiring student athletes from elementary school through college to compete on teams corresponding to the sex listed on their birth certificates.

Other names reportedly being considered include U.S. Rep. Nancy Mace (R-S.C.), who has had a contentious relationship with LGBTQ issues during her time in Congress. She began as a supporter of LGBTQ rights, becoming one of the few Republicans to publicly support the Respect for Marriage Act, before making a complete about-face as transgender issues became a central part of the Republican Party’s political strategy.

As part of that strategy, Mace introduced a resolution to ban trans women from using female restrooms in the U.S. Capitol, a move she acknowledged was in direct response to the election of U.S. Rep. Sarah McBride (D-Del.), the first out trans person elected to Congress.

In a November 2024 post on X, Mace wrote: “We support gay marriage, and voted for the Respect for Marriage Act twice. However, if you think protecting women is discrimination, you are the problem. We don’t care if you’re trans, if you have balls we don’t want you in the women’s bathroom.”

Two other names being floated are U.S. Rep. Russell Fry, who represents South Carolina’s 7th Congressional District, and U.S. Rep. Ralph Norman, who represents the state’s 5th Congressional District.

Trump recommended Graham’s sister, Darline Graham, should serve as the state’s temporary senator in a post on Truth Social on Monday.

“This would be a fabulous tribute to Lindsey, who loved her dearly!” Trump wrote on his social network.

The scramble comes as Republicans hold increasingly narrow majorities over Democrats in both the Senate and House, potentially complicating efforts to advance Trump’s agenda. That agenda includes continuing the war in Iran, securing Todd Blanche’s confirmation as attorney general, and adding $350 billion in defense spending to the SAVE America Act — a controversial proposal deemed a “Jim Crow 2.0” among voting rights advocates.

McMaster is expected to announce Graham’s interim replacement on Monday at 4 p.m.

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Florida

Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term

State’s 20th Congressional District’s includes Broward, Palm Beach Counties

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Elijah Manley (Photo courtesy of the Elijah Manley campaign)

Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.

Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.

Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.

For Manley, those experiences are precisely what he believes Congress is missing.

“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”

Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.

“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”

He argues that lived experience offers a perspective often missing on Capitol Hill.

“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”

According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.

“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.

Elijah Manley (Photo courtesy of the Elijah Manley campaign)

As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.

“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”

His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.

Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.

“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”

His personal experiences also inform his healthcare agenda.

“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”

California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.

Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.

Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.

“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.” 

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Florida

Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges 

Democrat narrowly lost to DeSantis in 2018, later came out as bisexual

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Andrew Gillum in 2020. (Photo public domain)

Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.

Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.

Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.

Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.

The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.

During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.

The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.

In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.

Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.

In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.

This is not the first time Gillum has faced legal scrutiny.

During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.

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