Nancy received an American flag and an urn of ashes from ground zero from American Red Cross representatives.

As for most of us, September 11 began as a routine day for Carol Flyzik and Nancy Walsh of Plaistow, NH.  Carol was flying to Los Angeles on business and woke Nancy early to say goodbye.  “I’ll call you when I get there” she said.  But Carol was on American Airlines flight 11.  When it crashed into the World Trade Center, Nancy’s life fell apart.  She had lost the love of her life, her partner of 13 years.  But because they were not legally married, she was also at risk of losing the home they shared and the car they drove.  The airline would not even confirm that Carol was on the flight, since Nancy is not a “family” member.

GLAD can do nothing for Nancy’s profound grief at losing her partner.  But we are doing everything possible to ensure that Nancy is recognized as the surviving spouse and can make decisions about her estate and receive compensation from the “September 11 Victim Compensation Fund”.

GLAD is handling Nancy’s application to the Victim Compensation Fund created by the federal government to assist those injured and the families of those killed in the attacks.  Kenneth Feinberg, special master of the fund, has publicly stated his willingness to compensate surviving partners, but only when the next of kin approve..

But life is rarely that simple.  Like most, people gay and non-gay, Carol Flyzik did not have a will.  That makes Carol’s biological family the presumptive recipients of any compensation.  Carol’s family was supportive of their relationship while Carol was alive, but have since taken the position that they are entitled to survivor’s compensation “because you [Nancy and Carol] weren’t married.”

This is just the kind of Catch-22 that GLAD has struggled to prevent.  It is in times of crisis and tragedy that people are reminded of the comprehensive protections that marriage provides for families.  Without those protections, families formed by same-sex couples are left out in the cold.  In this case, they suffer double tragedies.

GLAD is leading a team of lawyers to fight for Nancy’s rights, including Stuart Hamilton at Hill & Barlow in Boston and Beth MacDonald at Donahue, Tucker & Ciandella in Exeter, NH..  Right now we are focusing on Nancy’s right to administer Carol’s estate, or at least to administer it along with her biological family.  That would give Nancy control over the monies from the Compensation Fund.  In the meantime, negotiations with the family are ongoing about Nancy’s right to stay in the home that she and Carol shared and to take possession of their cars.

GLAD believes that while there remains, and will remain, a great sense of loss and vulnerability in the country in the wake of September 11th, there is also a renewed commitment to fairness and unity.  GLAD is committed to fighting for de facto recognition of Nancy and Carol’s relationship through the probate system in New Hampshire as well as Nancy’s rights as a spouse under the Compensation Fund.