If a Chicago LGBT police officer, firefighter or paramedic should be killed on the job, his or her partner will not receive any help from the Hundred Club of Cook County. The private charitable organization, which has provided relief checks to families when a loved one dies in the line of duty for nearly 45 years, does not recognize registered domestic partners as being qualified for its survivor assistance.
On July 15, the Chicago Commission on Human Relations' ( CCHR ) Advisory Council on LGBT Issues approved a measure requesting its commissioner, Dana Starks, to express his support to the Hundred Club for including registered partners.
But Hundred Club President Ralph Scheu said that regardless of personal opinion, the club's board of directors must adhere to Illinois law, which does not treat marriage and partnership equally.
"We have to follow the law as it is at the time of a fatality," Scheu said. "The extension of certain benefits to life partners or any other description of someone in a union which is not recognized in law as equal to or the same as a marriage cannot excuse our need to comply with the law."
As a private organization that is not a government agency, however, the club is not prohibited from extending its benefits to anyone it wishes. It is also allowed to discriminate as part of its right of expressive association, a ruling made in the 2000 Supreme Court case Boy Scouts of America v. Dale, which upheld the Boy Scouts' right to bar gay troop leaders.
The Hundred Club has never failed to provide its educational assistance for a child of unmarried parents, but its articles of incorporation and bylaws state that marriage is required for survivor benefits.
The issue was brought to the CCHR Advisory Council on LGBT Issues by former police officer Bob Zuley, who read a piece by Chicago Sun-Times columnist Mary Mitchell on June 11, asking Scheu about the possibility of giving money to a first responder's partner.
"What would you do about same-sex couples?" Scheu answered, as quoted in the column. "The climate is not there for that, and you would create a tremendous opportunity for massive fraud."
If Cook County's domestic-partner registry were to be used, Zuley said, there would be no possibility of "massive fraud." In addition to the CCHR, Zuley has also brought this issue to the attention of Chicago Police Supt. Jody Weis and Congressman Mike Quigley.
Zuley said that he believes the Hundred Club hadn't given the issue any thought until now, and hoped the message will develop enough support that the club will consider changing its governing documents.
"It's incumbent on those [ who provide this assistance ] to recognize everyone across the board and not pick and choose who they're going to recognize," Zuley said.
Scheu said the Hundred Club would amend its governing documents if the state of Illinois legalizes same-sex unions.
"No question about that," he said. "We certainly would cover it."
There are other organizations, however, that have more inclusive policies. The Mitchell column named the Chicago Police Memorial Foundation ( CPMF ) as one.
According to the column, when police officer Alejandro Valadez died in the line of duty June 1 and left behind his pregnant fiancée, the Hundred Club did not offer any survivor benefits to the fiancee other than promising to help with the unborn son's education when he graduates high school. The CPMF cut a check to the family—including the fiancée—and also pledged to help with the son's education.
"This is the real reason this foundation exists," said the group's president, Art Hannus, as quoted in the column. "There are things that had fallen through the cracks in previous years. [ Former Chicago police superintendent ] Phil Cline and Gold Star Families created this [ organization ] because they understood there were these cracks."
The CPMF Web site uses the term "families" in describing who benefits from its services. In the case of Valadez, the CPMF wrote a $50,000 check, the maximum amount of relief the Hundred Club provides.
"That kind of substantial financial assistance makes [ including registered partners ] really crucial," Zuley said.
Meanwhile, Hundred Club members might be unaware that the organization is not one that doesn't extend its benefits to surviving partners.
"Some people would not donate if they knew [ the Hundred Club was ] engaging in those kinds of distinctions with fallen officers," said Jim Madigan, former interim executive director of Equality Illinois.
Madigan said that if the club is not being upfront about whom it does or does not provide to that "no one should give them a dime."
The Hundred Club Web site uses the term "spouse" when describing survivor benefits. According to Scheu, nearly all of the Hundred Club's one thousand or so paying members come to the organization through word of mouth or after seeing them on TV following a line-of-duty death, so it's unclear whether most are aware same-sex partners would not be helped should an LGBT first responder die on the job.
"I definitely think [ The Hundred Club ] should come forth on who they cover and who they do not, especially if reasons they create charity are because of the jobs we do," said Officer Jamie Richardson, president of LGPA/GOAL Chicago, an organization of LGBT first responders that advocates for LGBT issues in each department.
Richardson said the issue is very similar to the widower's pension that GOAL Chicago has been fighting to secure for LGBT officers. It's something that she said could affect job performance in a dangerous situation.
"You have to consider if I don't get through that crossfire, what's going to happen to my wife or other half?" she said. "You're going to have to think about it; the guy sitting next to you gets out of the car without hesitation."
Bill Greaves, director of the Advisory Council on LGBT Issues for the CCHR, has drafted a letter that will be sent to the Hundred Club, but the club cannot discuss the issue until its next board of directors meeting, which will be held in November.
Windy City Times has learned that several politicians have expressed support for including registered domestic partners for survivor benefits, including Congressman Mike Quigley; State Reps. Greg Harris, Deborah Mell and Sara Feigenholtz; State Sen. Heather Steans; and Cook County Commissioner Bridget Gainer.
Among the organization's senior board members ( according to the Web site, 100clubchicago.org ) are Illinois Supreme Court Justice Anne Burke. Cook County State's Attorney Anita Alvarez, Chicago Police Department Superintendent Jody P. Weis, Cook County Sheriff Tom Dart and Chicago Mayor Richard Daley are among its honorary members.
