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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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Victory Institute to honor Biden at D.C. conference

Former president to receive award on Friday

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Then-President Joe Biden speaks on the South Lawn of the White House on World AIDS Day 2024 with AIDS Memorial Quilt panels in the background. (Washington Blade photo by Michael Key)

The LGBTQ+ Victory Institute on Friday will honor former President Joe Biden at its annual International LGBTQ+ Leaders Conference in D.C.

Biden will receive the Chris Abele Impact Award in recognition of what the Victory Institute described as “his historic role in championing LGBTQ+ rights and for his leadership in achieving the most LGBTQ+ inclusive administration in U.S. history.” Biden will be the award’s third recipient.

“President Biden has shown unwavering commitment to ensuring LGBTQ+ people can participate fully and openly in our democracy,” said Victory Institute President Evan Low in a press release. “From appointing a record number of LGBTQ+ leaders to reversing harmful policies and expanding civil rights protections, his administration set a new and necessary standard for what inclusive governance looks like.”

“And now, we’re seeing LGBTQ+ elected officials lead the way on everyday issues that are important to most Americans like groceries, housing, and lowering the costs of healthcare,” he added. “This award honors not only his achievements, but also the real impact these changes have had on LGBTQ+ Americans across the country.”

The conference will take place Dec. 4-6 at the JW Marriott Hotel in Downtown Washington, where more than 700 elected LGBTQ+ political leaders and human rights advocates are expected to attend.

Notable officials slated to participate include Massachusetts Gov. Maura Healey; Maine Gov. Janet Mills; Michigan Attorney General Dana Nessel; Hawaii Attorney General Anne Lopez; Arizona Attorney General Kris Mayes; U.S. Reps. Mark Takano (D-Calif.) and Robert Garcia (D-Calif.); Maine House of Representatives Speaker Ryan Fecteau; Mississippi state Sen. Fabian Nelson; San Antonio Mayor Gina Ortiz Jones; San Diego Mayor Todd Gloria; West Hollywood (Calif.) Mayor Chelsea Byers and Providence (R.I.) Mayor Brett Smiley.

Transgender Spanish Sen. Carla Antonelli, former U.S. Ambassador to Bosnia and Herzegovina Eric Nelson, and Robert Biedroń, a gay member of the European Parliament from Poland, are slated to attend. Earlene Budd, a longtime trans activist in D.C., and D.C. Councilman Zachary Parker (D-Ward 5) are also expected to participate.

Michael K. Lavers contributed to this story.

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Faith leaders denounce anti-transgender attacks

‘You are holy. You are sacred. We love you.’

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(Photo by nito/Bigstock)

This past Trans Awareness Week, 10 heads of diverse religious traditions issued a statement proclaiming that transgender, intersex, and nonbinary people are worthy of love, support, and protection. Led by Rev. Dr. Sofía Betancourt, president of the Unitarian Universalist Association, representatives from the Universal Fellowship of Metropolitan Community Churches, The Fellowship of Affirming Ministries, the Union for Reform Judaism, the Presbyterian Church, the Christian Church (Disciples of Christ), The Episcopal Church, the United Church of Christ, and Reconstructing Judaism called out the violent and systemic persecution of trans, nonbinary, intersex, and queer people–proclaiming that their faith and their humanity urged them to affirm that trans, intersex, and quere people are “sacred” and “holy.”

Their statement comes at a critical time. Over the past three months, Trump and his Cabinet’s anti-trans rhetoric has only intensified, with a report released late September by journalist Ken Klippenstein in which national security officers leaked that the FBI is planning to classify trans people as “extremists.” By classifying trans people as “Nihilistic Violent Extremists,” far-right groups would have more “political (and media) cover,” as Abby Monteil reports for them, for anti-trans violence and legislation. 

While the news is terrifying, it’s not unprecedented – the fight against trans rights and classification of trans people as violent extremists was included in Project 2025, and in the past several weeks, far-right leaders’ transphobic campaign has expanded: boycotting Netflix to pressure the platform to remove trans characters, leveraging anti-trans attack ads in the Virginia governor’s race and banning professors from acknowledging that trans people exist. In fact last month, two Republican members of Congress called for the institutionalization of trans people

It seems that the government shutdown was predicated, at least partially, on Trump’s own anti-trans policies that were attached as riders in the appropriations bill. 

It’s a dangerous escalation of transphobic violence that the Human Rights Campaign has classified as an epidemic. According to an Everytown for Gun Safety report published in 2020, the number of trans people murdered in the U.S. almost doubled between 2017 and 2021. According to data released by the Gun Safety report from February 2024, 34 percent of gun homicides of trans, nonbinary, and gender expansive people remain unsolved

As Tori Cooper, Director of Community Engagement for the Transgender Justice Initiative for the Human Rights Campaign Foundation, this violence serves a purpose. “The hate towards transgender and gender expansive community members is fueled by disinformation, rhetoric and ideology that treats our community as political pawns ignoring the fact that we reserve the opportunity to live our lives full without fear of harm or death,” Cooper said.

The faith leaders came out in this statement to affirm that it is their spiritual and human imperative to call out this escalating violence and protect trans, nonbinary, intersex, and queer people. The leaders acknowledge that historically and today, religion is used as a weapon of hate to degrade and deny the human dignity of LGBTQ+ peoples. The Supreme Court is hearing Chiles v. Salazar, a case about the constitutionality of a Colorado ban of conversion therapy for minors, with the majority of conversion therapy practices being faith based. And despite the Supreme Court declining to hear a case challenging the constitutionality of same-sex marriage conferred in Obergefell v. Hodges, efforts to end marriage equality remain ongoing with Katy Faust’s End Obergefell movement

“During a time when our country is placing their lives under increasingly serious threat,” the statement reads, “there is a disgraceful misconception that all people of faith do not affirm the full spectrum of gender – a great many of us do. Let it be known instead that our beloveds are created in the image of God – Holy and whole.”

The faith leaders argue that commendation of LGBTQ peoples and religiously motivated efforts to deny their dignity and rights is not the belief of all faith communities, and far-right Christian nationalist communities and others who uphold homophobia and seek to exact it writ large in the United States do not speak for all faith leaders. 

This is a critical piece of the statement and builds on historical precedence. During the 1980s AIDS crisis, when far-right Christian leaders like Jerry Falwell, one of the founders of the Moral Majority, stated that HIV was “God’s punishment” for LGBTQ+ people and indicative of a broader moral decline in America, affirming faith communities came out to affirm the dignity and divinity of queer people. As funeral homes and churches refused to prepare the dead and bury them, some faith communities stepped up to say that these homophobic leaders do not speak on behalf of all people of faith. 

In 1985, the United Church of Christ General Synod urged its member congregations to claim and declare themselves “Open and Affirming,” in order to express their welcome and support for LGBTQ+ people, and two years later, the Church of the Brethren issued a statement titled “A Call to Compassion” where conference members urged member congregations to speak out boldly against discrimination, provide direct care to people with HIV/AIDS, and actively educate themselves and others to stop the spread of fear and prejudice surrounding the disease.

Just one year later, the Evangelical Lutheran Church in America Church Council issued a statement, “AIDS and Church’s Ministry of Caring,” which outlined the ways in which welcoming, ministering to and advocating on behalf of people with HIV/AIDS is critical to their mission. Even the US Conference of Catholic Bishops, which earlier this month banned gender-affirming care at Catholic hospitals, issued a statement in 1987 calling discrimination against people with HIV/AIDS “unjust and immoral,” and denouncing the label of “innocent” or “guilty” patients.

Thus, the faith leaders’ statement this past week builds on a rich history of faith communities fighting the stigma that far-right faith groups perpetuate about LGBTQ+ people and committing to action. What sets this latest statement apart is its decidedly interfaith heart, which speaks to the history of the Pride Interfaith Service in Washington, DC that was first started by a group of faith leaders and lay people who gathered at the AIDS Memorial quilt. 

As the statement reads, “Our scriptures vary, but they share a common conviction. As we make justice our aim we must give voice to those who are silenced. Our shared values, held across many faiths, teach us that we are all children of God and that we must cultivate a discipline of hope, especially in difficult times. As such, we raise our voices in solidarity to unequivocally proclaim the holiness of transgener, nonbinary, and intersex people, as well as the recognition of the entire spectrum of gender identity and expression.”

The statement ended by arguing that they need to call out the violence they are witnessing. Their silence, they argue, would be in compliance and reinforce the idea that homophobic religious leaders and lay people speak on behalf of all people of faith. Their statement is not only words, however, it is a written promise affirming the dignity and holiness of queer people but also to protect them in the face of increasing violence and persecution. 

“When people of faith and conscience stay silent in the face of oppression, we are all made less whole. When people of faith and conscience speak out against that which violates the sacred in its own name, we have the power to stay the hand of sin. Transgender, nonbinary, and intersex people are vulnerable today,” the statement concluded. 

“Our faiths, our theologies, and our practices of prophetic witness call on us to say with one voice to transgender people among us: ‘You are holy. You are sacred. We love you. We support you, and we will protect you.’”

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White House halts World AIDS Day recognition amid HIV funding cuts

Trump-Vance administration under increased criticism over policies

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HIV/AIDS activists attend a rally outside the White House on World AIDS Day. (Washington Blade photo by Michael Key)

For the first time since the global observance began, the U.S. government did not commemorate World AIDS Day on Monday.

World AIDS Day, first marked in 1988, has long served as an annual reminder of the ongoing effort to end an epidemic that has killed more than 44.1 million people worldwide and continues to disproportionately impact LGBTQ people, communities of color, and those in the American South. Yet the Trump-Vance administration declined to acknowledge the day this year, severing a symbolic but consistent tradition upheld by every president since Ronald Reagan.

The move comes despite the scale of the epidemic today. Approximately 1.2 million people in the U.S. are living with HIV, according to federal estimates, and about 13 percent — 158,249 people — do not know their status. Globally, the World Health Organization reports 40.8 million people were living with HIV at the end of 2024.

Presidents of both parties have historically used World AIDS Day to highlight progress, remember lives lost, and recommit to reducing disparities in prevention and treatment. Past administrations have also commemorated the day through displays of the AIDS Memorial Quilt — first created in 1987 and later spread across the National Mall and White House lawn. Today, the quilt includes the names of more than 94,000 people lost to AIDS on more than 47,000 panels.

The AIDS Quilt on the White House lawn in 2024 under President Joe Biden. (Washington Blade photo by Michael Key)

This year’s silence from the White House follows several sweeping foreign aid rollbacks instituted by President Donald Trump after his 2024 inauguration. According to an October report by KFF, the administration enacted a “90-day review of foreign aid; a subsequent ‘stop-work order’ that froze all payments and services for work already underway; the dissolution of USAID, including the reduction of most staff and contractors; and the cancellation of most foreign assistance awards.”

These cuts have created significant funding gaps for nongovernmental organizations around the world — many of which work directly to prevent HIV transmission and expand access to lifesaving treatment.

The State Department dismissed criticism of the administration’s decision not to acknowledge World AIDS Day.

“An awareness day is not a strategy. Under the leadership of President Trump, the State Department is working directly with foreign governments to save lives and increase their responsibility and burden sharing,” deputy spokesperson Tommy Pigott said in a statement CNN first reported. “Earlier this year, we released a global health strategy aimed at streamlining America’s foreign assistance and modernizing our approach to countering infectious diseases.”

The U.S. historically played a central role in the global HIV response. Since 2003, the United States has been the largest financial supporter of HIV/AIDS programs — primarily through President George W. Bush’s PEPFAR initiative, which has invested more than $110 billion into the fight to end the epidemic.

Despite overall declines in transmission, HIV continues to disproportionately affect racial and ethnic minorities, LGBTQ people, and men who have sex with men. More than half of new HIV diagnoses occur in the South.

The Centers for Disease Control and Prevention’s Ending the HIV Epidemic in the U.S. initiative focuses on the 48 counties, D.C., San Juan, Puerto Rico, and seven rural states that accounted for more than half of all new diagnoses in 2016 and 2017.

Advocates say the administration’s withdrawal from World AIDS Day — combined with its cuts to foreign and domestic health programs — risks reversing hard-won gains.

“Though new HIV infections declined 12 percent from 2018 to 2022, progress is uneven with Black people accounting for 38 percent of new diagnoses, Latino people accounting for 32 percent of new diagnoses and more than half (52 percent) of new HIV diagnoses were among people living in the South,” Jarred Keller, senior press secretary at the Human Rights Campaign, told the Washington Blade via email. “Cuts to CDC funding have driven HIV prevention resources to historic lows, stripping support from HIV-focused programs.”

Legal and public health experts echoed that concern, saying that there is a possibility to stop HIV/AIDS, but only if efforts are taken gradually over time.

“HIV is a preventable and treatable condition, but only if the research, organization, and effort continue to be a priority to those looking out for the health of Americans and people worldwide,” said Lambda Legal HIV Project Director Jose Abrigo.

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