May 6, 2004
SEPTEMBER 11TH FUND AWARDS COMPENSATION TO SAME-SEX SURVIVING PARTNER
Gay & Lesbian Advocates & Defenders Wins Claim On Behalf of Lesbian Client
The September 11th Victim Compensation Fund (The Federal Fund) recently issued
an award compensating Nancy Walsh, the surviving lesbian partner of Carol
Flyzik, for losses she incurred as a result of the September 11th tragedy.
Questions had been raised after its adoption as to whether The Federal Fund
would include surviving same-sex partners within its scope, but this recent
decision has resolved that open issue. Gay & Lesbian Advocates
& Defenders (GLAD), a legal rights organization dedicated to ending discrimination
based on sexual orientation, along with Noah Kushlefsky of the New York firm
Kreindler & Kreindler, brought the claim on Walsh’s behalf.
“I learned the extent of the discrimination our families face in times of
crisis because of discriminatory marriage laws,” said Walsh. “The Federal
Fund has done honor to Carol’s memory by recognizing me as her partner.
Obviously, no amount of money can make up for my loss. I am heartened,
however, that the Federal Fund did not compound the loss as it could have
done by ignoring our three children and the family we created together by
our love.”
Carol Flyzik and Nancy Walsh had been together for over 13 years when Carol
left for a business trip on behalf of Meditech on September 11, 2001.
Tragically, Carol boarded American Airlines Flight #11 on that day and perished
when the plane hit the World Trade Center.
“Nancy’s loss is as real and tangible as that of any legally married surviving
spouse who is automatically entitled to compensation,” explained Jennifer
Levi, GLAD Senior Staff Attorney who worked on the case. “The Federal
Fund’s award acknowledges the seriousness of the relationship and the importance
of including gay and lesbian families within the law’s protections.
Families are formed by love and commitment, despite the law’s exclusion of
gay and lesbian couples.”
The September 11th Victim Compensation Fund is part of legislation passed
by Congress and signed into law by President Bush to provide compensation
for economic and non-economic loss to surviving family members of deceased
individuals who were killed or physically injured as a result of the terrorist-related
aircraft crashes of September 11, 2001.
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