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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

Grace Meng sharply criticizes DOJ over hospital settlements

N.Y. congresswoman spoke with the Blade this week

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U.S. Rep. Grace Meng (D-N.Y.) (Photo public domain)

Few things have riled up Republicans in power like the ongoing fight to restrict gender-affirming care for minors.

The Trump-Vance administration has been clear in making the fight against transgender rights, healthcare, and visibility a priority as they enter their “lame duck” phase of the presidency.

With the midterms looming, they are hoping scapegoating trans children — as they did in 2020, only for it to grow into a core national party strategy in the following elections — will save them from a less-than-secure control of the federal government like they’ve had since Trump took office.

In the past year, numerous deals have been struck between hospitals that have provided gender-affirming care to minors and the Justice Department to halt any further care.
While Republican pundits and conservative voices continue to accuse these hospitals — like NYU Langone and Mount Sinai Health System — of committing what they contend are atrocities against these children, large portions of gender-affirming care for minors involve social transitions and puberty blockers, which are reversible.

The Washington Blade spoke with Congresswoman Grace Meng, who represents New York’s Sixth Congressional District and is the ranking member of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, to discuss whether these ongoing settlements between hospitals and the Trump-run Justice Department are legal.

In her role as the ranking member of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, Meng oversees funding for Justice Department and a slew of other federal agencies. The position gives her the power to look behind the coercion, examine how things are being done, and question the policies and actions of these federal powers in a way many other members of Congress cannot.

Meng said the Justice Department’s actions against hospitals providing gender-affirming care are part of what she sees as a broader pattern of institutions — under the control of this president — targeting LGBTQ people.

“Unfortunately this is not the first time that the DOJ is weaponizing the agency to target our communities, and our LGBTQ+ community, especially our young people, are unfortunately yet another victim of that,” Meng told the Blade. “The real victims are the actual patients and families who are losing a trusted provider.”

She argued that one prong of this ongoing situation is the way the DOJ is going about these “wins” — through pressure rather than through going to court to find actual wrongdoings.

“This DOJ knows that they can’t win in the courts based on the merit of these types of actions, so they are just working by bullying and using coercion to cheat their way through getting what they want,” she said.

She pointed to the use of litigation, subpoenas, and reputational damage against the hospitals as part of that pressure campaign.

“They know that they can’t prove any wrongdoing in court, so they’re just using the threat of prolonged litigation, subpoenas for patients’ records and trying to damage reputations of these institutions as they’ve been cutting funding for them.”

The hospitals involved so far include NYU Langone Hospitals in New York, University of Pittsburgh Medical Center in Pennsylvania, the Mount Sinai Health System in New York, the Cleveland Clinic Foundation in Ohio, Connecticut Children’s Hospital in Connecticut, and Texas Children’s Hospital in Texas.

Meng said the settlements are part of a broader strategy by the Justice Department.

“This is a part of their larger deliberate strategy across the country. They’ve obviously gone after NYU Langone. They’ve gone after Mount Sinai in my state, and they’re doing this in other states as well.”

When asked about the agreements being reached between the Justice Department and hospitals, Meng was direct.

“I think these are forced settlements. Absolutely,” Meng said.

Meng described the federal government’s involvement in individual trans healthcare decisions as an intrusion into private medical decisions.

“This is cruel. It’s a cruel form of coercion. It’s a form of cheating,” she went on, comparing this to the ongoing fight for reproductive freedom in the country. “Just like when we’re talking about reproductive rights, right? It’s an invasion of privacy. These are confidential patient records.”

Meng said the federal government should not be involved in decisions between families and their doctors.

“President Trump and the federal government do not belong in a hospital, helping to make decisions that are very personal and sensitive to every single family. They should not be involved in these decisions.”

She said the settlements could leave families without access to healthcare they need.

“Their way of forcing these settlements and leaving so many without the healthcare that they really need is really just devastating.”

Meng said the impact is already being felt by families in her district and across New York.

“The human impact, the impact on our families, on our constituents here in Queens and throughout New York, is really hurtful.”

Meng framed the issue as part of what she described as a larger pattern within the Trump-Vance administration of attacking the most vulnerable.

“If you ask me to sum up this administration in one word, it would be cruelty,” she said. “They feel like they have a right to decide who is American enough in this country, and who is good enough, and who is deserving enough.”

She went further, saying Trump is “literally acting as a dictator.”

She contrasted his leadership with that of a traditional public servant.

“Most public servants wake up every day thinking of ways that they can make people’s lives better, how they can help people. This administration and this action is no different. It wakes up and thinks of a new way to target a different community every day.”

As the ranking member of the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, Meng said Congress has tools available to examine how the Justice Department operates and spends federal money.

“The purpose of our 12 subcommittees is to have direct oversight and leverage as Congress members, as the third branch of government, over how the Department of Justice spends our taxpayers’ money.”

One crucial thing Meng pointed out about being on this committee is the fact that much of the work of appropriations is bipartisan and is entirely within the power of Congress via the Constitution.

“We need the White House to respect the constitutional process that the Appropriations Committee goes through,” she said. “We write the Appropriations Law. It’s between Republican and Democratic Congress members.”

When asked about the funding from the settlements — and the continued funding for an increasingly looked-down-upon DOJ — she said she is seeking greater transparency into how federal money is being spent.

“I think that both sides will end up wanting more transparency into the money, how the money is spent.”

Meng said Congress has the legal authority to place requirements on the Justice Department through appropriations legislation.

“We have the legal authority to include language that helps write the DOJ and other agencies, but the DOJ’s budget, and so we will certainly exercise that authority whether or not we’re in the majority.”

She also pointed to the possibility of Democrats taking control of the U.S. House of Representatives after the midterms.

“Hopefully, as we’re in the majority after November, we will be able to have more teeth and more ability to apply that pressure and to write the bill in a way that is transparent and doesn’t harm our families.”

Despite the growing public agitation and disappointment over these settlements, Meng said there is not yet a specific schedule for congressional hearings on the issue, but that it may come after the midterms.

“We don’t have a timeline of hearings and specific topics, but CJS is everything under Commerce, Justice, and Science-related agencies,” she said. “Hopefully, when House Democrats control the House and maybe even the Senate, that we’ll be able to claw back some of their overreach.”

Meng also criticized what she described as a Justice Department operating outside the traditional boundaries of the agency.

“They can’t operate as a rogue agency or as a personal law firm of this president, in the way that they’re doing now. Using subpoenas, threatening prosecutions, these settlements — they are tools that are being used, I believe, unethically and illegally.”

Meng said trans children and their families could continue to face the consequences of the administration’s actions as the Justice Department expands its efforts.

“These are maybe low-hanging fruit or easy targets for the administration, but I can see them going after institutions in other states as they started to do as well.”

She said members of Congress have a responsibility to reassure affected families that they are not alone.

“Our job, whether it’s a representative for my Queens families, but for families across America too, is to let them know that I and my colleagues, many of my colleagues, are standing with them.”

“We are still with them, especially with the patients and the families affected by the NYU Langone deal, but any of these institutions and how they’re hurting them.”

Meng said she wants to achieve that through partnerships outside of government.

“We’re gonna do our best to expand partnership with organizations on the ground to make sure that they’re getting the support and the care that they need.”

While talking to the Blade, Meng also raised broader concerns about the relationship between Congress and the executive branch.

“This administration has definitely not followed the Constitution, and I know that there are pending lawsuits,” she said.

Just this week, the Trump-Vance administration was taken to court over what CNN, POLITICO and MS NOW alleged were violations of their First Amendment rights.

Meng said the administration has not treated Congress as an independent branch of government.

“They [the president] do not act as if Congress is a third branch of government. They think and act like Congress works for them, like they’re a part of their agencies that they’re weaponizing.”

Meng said she believes the public has become more aware of the administration’s actions, but that there is still work to do in explaining how those actions unfold.

“I think that the American people’s eyes have been opened a little more under this administration than in past ones … There’s definitely more room to continue to educate the public as to what this administration is doing.”

For Meng, the debate over trans healthcare ultimately comes down to the families affected by the decisions being made in Washington.

“What’s most important is not just the legalese that everyone’s debating these days when news like this comes out. We have to remember that there are real human beings, real families that are being impacted,” she said. “There are people crying behind closed doors in their homes, and they don’t know literally what they can do or where they will call next to get the care that they need and that they want.”

Meng said lawmakers have a responsibility to address the issue legislatively while also supporting families in their communities.

“It’s our job in Washington, in the capital, to fight these fights legislatively. But in our home districts and in our communities, it’s our job to reassure these families that we’re there for them, and that we’re going to be creative, and we’re going to find new partnerships and expand existing ones to make sure that our families have a path forward.”

She said local and state governments are also being forced to find ways to respond — and, in many cases, end up being some of the only places where protections can happen.

“Our local legislators and many of our communities, on the city level, municipal level, and the state level, they’re looking for more funding options, and a lot of them, including in New York, have had to step up in major ways.”

“Everyone has to step up in newer and more creative ways.”

Ultimately, Meng said the focus should remain on the families affected by the decisions.
“But at the end of the day, it’s the families that are impacted that we’re doing this for,” she said.

The Human Rights Campaign, the largest LGBTQ advocacy group in the U.S., issued a statement this week following the announcement of more settlements.

“This is nothing less than a crisis for families and transgender youth. Since day one, Trump and his callous administration have used the full force of the federal government to come after transgender young people, their families and their doctors — and far too many hospitals are complying and abandoning their patients. Now, even in states with policies that protect transgender people, the options for parents to get their children best-practice, and potentially life-saving healthcare, are dwindling day by day,” HRC President Kelley Robinson said.

“This is the exact outcome Trump wants to see — and this cruelty shouldn’t be lost on anyone who has ever had to make difficult decisions about how to safeguard their child’s health and well-being. Our thoughts are with the countless families across the country who feel scared and under siege. We will not stop fighting until everyone can have access to the healthcare they need.”

While the Blade had her, they also asked about House Speaker Mike Johnson (R-La.), and his decision to send members of Congress home rather than hold a vote on impeaching Defense Secretary Pete Hegseth, in part over his trans military ban, which has left thousands of highly skilled, ready and able workers sitting on the sidelines awaiting the courts to tell them if they are guaranteed the right to fight on behalf of the country.

“I can’t take credit for this, but someone called it the Hegseth holiday,” Meng said. “This speaker, every time there’s a tough vote, instead of acting as a leader and a speaker, he just calls it quits and he sends us home.”

“I believe — and I’m sure he does — that we had enough votes to impeach Hegseth, and he didn’t want to do it. So off we go.”

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Philadelphia event to launch 2026 LGBT History Month

Dr. Fauci to be honored as 31 LGBT ‘Icons’ are announced

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U.S. Rep. Chris Pappas is among this year’s Icon award recipients from the Equality Forum. (Washington Blade photo by Michael Key)

Equality Forum, the Philadelphia-based group that organizes the nation’s annual LGBT History Month in October, is scheduled to launch the 2026 LGBT History Month at a VIP Reception on Sept. 27.

The event, to be held at Philadelphia’s Independence Visitor Center, will honor Dr. Anthony Fauci, the former director of the U.S. National Institute of Allergies and Infectious Diseases who is credited with playing a leading role in the fight against HIV/AIDS and COVID-19. Equality Forum was to present Fauci with its International Role Model Award.

The Equality Forum, which operates programs focusing on LGBT history and the people who play a leading role in historic undertakings, will also present its Frank Kameny Award to Erica Deuso, who in 2025 won election as the first openly transgender mayor in the state of Pennsylvania as mayor of the town of Downington, Pa. 

A statement released by the Equality Forum points out that LGBT History Month, held each year, celebrates the achievements of 31 lesbian, gay, bisexual, or transgender icons throughout the month of October. “Each day in October, a new LGBT icon is featured with a video, bio, bibliography, downloadable images, and other resources,” the statement says.

Although the statement releases the name and a short background description of each of this year’s 31 LGBT icons, the icons were scheduled to be officially announced and honored at the Sept. 27 event.

“The LGBT community is the only community worldwide that is not taught its history at home, in public schools or in religious institutions,” the statement says. “LGBT History Month provides role models, builds community and makes the civil rights statement about our extraordinary national and international contributions,” it says.

This year’s Icons include designer Calvin Klein, media mogul Barry Diller, U.S. Senate hopeful Chris Pappas, and perhaps most notably President Abe Lincoln.

Additional information about the event and a list of the 2026 LGBT Icons can be accessed at lgbthistorymonth.com.    

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Netherlands

Dutch prime minister visits Stonewall Inn

Rob Jetten is the Netherlands’ first openly gay prime minister

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Dutch Prime Minister Rob Jetten, on right, visits the Stonewall Inn in New York on Sept. 21, 2026. (Photo courtesy of Jetten's X account)

Dutch Prime Minister Rob Jetten on Monday visited the Stonewall Inn in New York.

“The Stonewall Inn is not just a gay bar in New York, but the place where in 1969 riots took place as a reaction to years of discrimination and police violence,” wrote Jetten on X. “This is seen as the starting point of the global LGBTIQ+ emancipation and activism. Nowadays, the bar is a national monument, dedicated to the LGBTIQ+ rights movement.”

“For me, it is impressive and moving to be here tonight. And also fitting, because the defense of human rights is an important part of our foreign policy,” he added. “The Netherlands stands alongside the Stonewall Inn community when it comes to everyone’s right to live openly, safely, and with pride, no matter who you are or who you love.”

Jetten in February became the Netherlands’s first openly gay prime minister.

He opened last month’s World Pride Human Rights Conference in Amsterdam. Jetten also participated in a panel with former Irish Prime Minister Leo Varadkar, former San Marino Captain Regent Paolo Rondelli, and other current and former heads of government who are gay or lesbian.

Jetten is scheduled to speak to the U.N. General Assembly on Thursday.

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