CNN.com - Gay partners of 9/11 victims get benefits
Carter Sullivan NEW YORK (CNN) -- About 20 lesbian and gay survivors whose partners died in the September 11 terrorist attacks on the World Trade Center will receive workers' compensation under a state law that took effect Wednesday.
Gay rights advocates praised the law, which amended existing state workers' compensation rules to include domestic partners of September 11 victims.
"I'm glad this law recognizes that Gene and I were a couple in every way -- emotionally, financially, legally, and in our everyday lives," said Larry Courtney, whose partner of 14 years, Eugene Clark, died at the World Trade Center.
The new provision will give all domestic partners of September 11 victims -- be they gay or straight -- the same benefits surviving spouses receive under the state's Workers' Compensation Law.
That amount is as much as $400 a week for the remainder of the spouse's life, or until the spouse remarries.
"We pay our taxes just as everyone else -- we should be able to receive the same types of benefit," said Joe Tarver, a spokesman for the Empire State Pride Agenda.
The law is retroactive, meaning all domestic partners of September 11 victims will receive payments beginning from that date forward.
An application process, which Tarver said was neither "radical" nor excessive, is required before the first payments can begin.
But while Tarver called the new law "groundbreaking," and he praised the state legislature and Gov. George Pataki for working to pass it, he said the benefits should be extended to the partners of all victims, not just those who died September 11.
"The state took a significant step forward when they approved workers' compensation for domestic partners of 9/11 victims," he said. "We intend on working with the legislature to make that extension permanent [for all domestic partners] in the future."
As an example, Pride Agenda cited the case of Bill Valentine, whose partner of 21 years, Joe Lopes, was a flight attendant on the American Airlines jet that crashed in Queens November 12.
Because Valentine is not eligible for benefits under the new state law, his claim is still pending before the New York State Workers' Compensation Board.
"Eugene Clark and Joe Lopes both died on the job," said Adam Aronson, an attorney for Lambda Legal Defense and Education fund who represented Valentine and Courtney.
"They paid the same taxes and insurance premiums as their co-workers, and it's only fair that their closest family members -- their life partners -- get support as spouses."
A hearing in Valentine's case is set for early November.
"This is a great first step," Tarver said, "but we need to go the next step. We shouldn't be separating some people out, saying you can receive and others can't. We advocate that this great first step be made permanent for all people."