Bradford Wells And Anthony John Makk, San Francisco Gay Married Couple, Split By Deportation (UPDATED)

The Obama administration publicly announced Monday that it has denied immigration rights to Bradford Wells and Anthony John Makk -- a gay couple in San Francisco that has been married for seven years -- and ordered the deportation of Makk to his native Australia, according to SFGate. Makk applied for permanent residency as a spouse of a U.S. citizen when his visa expired, but he was denied, as his same-sex marriage is not federally recognized.

Makk is the primary caregiver to Wells, who suffers from AIDS. The couple has lived together for 19 years and legally married in Massachusetts in 2004.

Although President Obama announced just last month that he would fight to repeal the controversial Defense of Marriage Act that bans same-sex marriage, his administration cited that very act in the decision.

Until the act is repealed, the White House has vowed to enforce it on a case-by-case basis. In this case, Makk has lived in the United States for more than 20 years, owns a San Francisco business, has no criminal history, has never lived here illegally and is the primary caregiver to his husband.

The timing of the deportation is especially stressful for the ailing Wells, who suffers from advanced AIDS and was rushed to the emergency room in June with symptoms of a heart attack, according to SFWeekly. Wells could join Makk in Australia, but he would be forced to give up his medical insurance.

Wells expressed his frustration to SFGate:

I'm married just like any other married person in this country. At this point, the government can come in and take my husband and deport him. It's infuriating. It's upsetting. I have no power, no right to keep my husband in this country. I love this country, I live here, I pay taxes and I have no right to share my home with the person I married. Anyone can identify with the horror of having the government come in and destroy your family when you've done nothing wrong, and you've done everything right, followed every law.

Makk will be forced to leave the country by August 25.

UPDATE: On Tuesday afternoon, Anthony John Makk and Bradford Wells announced that they will be appealing their Defense of Marriage Act visa denial, as reported by SF Weekly. SF Weekly also reported that Nancy Pelosi has reached out to urge the Obama administration to reconsider the decision. Her office released the following statement: "Leader Pelosi has formally contacted USCIS on behalf of her constituents and will be working to exhaust all appropriate immigration remedies that are currently open to pursue."

Comments

[blackreign]

09:15 PM on 08/18/2011

Federal Immigration laws don't have a "homosexual exemption clause". We all have to follow the same laws.

[bluntobject]

12:10 PM on 08/25/2011

No, we don't like that law so we need to change it.

[Nick Franco]

12:59 AM on 09/04/2011

No, but they do have a "heterosexual exemption clause." It's called marriage.

[blackreign]

09:27 PM on 09/04/2011

Sorry, haven't heard of it. This must only exist in the gay community.

[Ainsi sera groigne qui]

07:32 PM on 08/18/2011

As one stated before, this man isn't going anywhere, and today's action by Obama proves my case.

Pipe:
http://crimeblog.dallasnews.com/archives/2011/08/obama-administration-puts-stud.html

[Watchman56]

07:21 PM on 08/14/2011

So Obama is so for Gay Marriage. That he uses the DOMA to deport some guy with Aids. More BS form Mr BO.

[blackreign]

09:13 PM on 08/18/2011

Yeah, it's Obama's fault his visa expired. Wow!

[bluntobject]

12:11 PM on 08/25/2011

Do you have any compassion for this couple, or do you just blindly hate gay people that much?

[Gay Iberian]

03:42 PM on 08/14/2011

There are thousands of illegals in S.F., mostly Hispanic, who have been here for years working with fake SS# and paying taxes and I'm sure the government is aware of it! This case is special because Makk applied for residency, was denied and subsequently the case became public. If the Feds give Makk the residency then they'll have to give the residency to all the illegals who apply. This is a sad case, but there are similar cases like these in the gay community.

[cenourinha]

10:00 AM on 09/04/2011

that is a slippery slope argument. There wiould be absolutely no compulsion for the government to give residency to people who came or are here now illegally. This man was legal when he came and continued to be legal the ENTIRE time he lived here; further, they are legally married and would NEVER even be facing this situation if they were a straight couple.

[cenourinha]

10:30 AM on 09/04/2011

I just reread your post and I'm confused. This case IS in the gay community; they are 2 men who married in MA but are living in CA.

[Vincent Lavarello]

02:07 AM on 08/14/2011

to Bradford Wells and Anthony John Makk, please add me to your friends list on FB if you have the space. I posted your unjust story on my FB page! They didn't kick out Elton John, Michael Jackson, Rosanne Barr, and Rock Hudson for being gay! where do they get the nerve to do this to a working taxpayer! God bless you. Vince Lavarello

[chibikawaiistarr]

11:26 PM on 08/13/2011

I hope the right thing is done and this man is permitted to stay in his home. He owns a business, employes people, pays taxes, takes care of another American who he has been with for almost 2 decades... sounds like someone I'd want to have in this country. Good luck to them both.

[larryandy]

11:06 PM on 08/13/2011

Seems the freedom of speach and fair representation is not accepted by dissenters of the gay movement, why so many comments removed. this entire display of decadence, immoral and perversion is sickening to any normal thinking person. BUT political correctness has gone insane to the point of destroying all that is normal and good, problem is that we are all going to pay the price and those sitting quietly and ignorantly aside are as much to blame.

[cenourinha]

10:03 AM on 09/04/2011

""this entire display of decadence, immoral and perversion is sickening to any normal thinking person"

I'd say that's why your posts keep getting deleted. I'm a normal thinking person and there is no perversion or immorality here except the government's pernicious denial of my (and their) equal protection under the law.

[bellajenn999]

12:54 PM on 08/13/2011

Deport him! Thousands if not more people are going through this! If you budge on one person, then budge on all!

[debbeko1]

06:54 PM on 08/13/2011

I believe in deporting illegals, but this man is married to an American Citizen, this is not one of those illegal cases and he was with the American Citizen for the last 19 years.

[bellajenn999]

12:00 PM on 08/14/2011

My uncle was NOT illegal & again if this man Makk had to renew his visa & it expired...at that point he becomes an illegal. So I dont believe in budging the law for anyone anymore.

[its2simple4u]

12:51 PM on 08/13/2011

Oh the hypocrisy in the Obama administration continues to grow. I bet Bush would have let him stay (not that I cared for Bush).

Let the guy stay for crying out loud. Here is a guy that is trying to do things the legal and right way yet millions and millions of Mexicans are here feeding off our Country and less likely to be deported. Give me a break NO give Makk a break! Let him stay Geez!

[celtscat]

07:03 AM on 08/14/2011

I agree. Someone is here legally and is trying to become a citizen through legal means. That is just sad. And makes this country that much more evil to anyone looking from the outside in. No wonder people out there want to car bomb and do other nasty things to us.

[jmoser1973]

10:07 PM on 09/16/2011

Im sure Obama will get involved. when they say Obama administration, they don't mean Obama sits at his desk and signs off on it. Now that Obama is surely aware, then I'm sure something will be done.

[americanalien]

03:52 AM on 08/13/2011

Republicans want Government to get out of our wallets and start running our bedrooms.

[ever4union6]

12:17 PM on 08/13/2011

Out of our wallets? Not until they're empty, and the top 2% have all the money.

[larryandy]

10:56 PM on 08/13/2011

maybe the 2% with money have to support the 70 percent now on welfare, illegal and lazy not wanting to work, only take the benefits from the working people. If you are a worker with any brains you understand that your earnings are crippled by taxes that feed the fatted "POOR".

[cinemaven]

02:41 AM on 08/13/2011

Sad and so unfair
I hope this can be overturned

[Bettaman]

03:18 AM on 08/13/2011

Actually, I'd take a hundred of him and get rid of you in a heartbeat.

[mddunnington]

05:10 AM on 08/13/2011

Read the article,,he is not illegal, yet anyway..Maybe America doesn't need worthless people like you.

[LA is Great]

11:08 AM on 08/13/2011

Hey md, mad dog, "Worthless" by your determination is a complement! Your perverted view of what is good is what is wrong with PC goons like yourself! How are things in your God forsaken enclave of San Francisco?

[kentblackdog]

12:04 AM on 08/13/2011

Why should he have any power----he was illeagally in the United States. He was breaking US law and should be deported if that is what the calls for.

[Bettaman]

03:19 AM on 08/13/2011

You didn't even bother to read the entire article, did ya, Bunky? He has never been here illegally, he still isn't and he won't be illegal until after the 24th of this month, perhaps longer if a court intervenes.

[ever4union6]

12:32 PM on 08/13/2011

Based on the article stating; "Makk applied for permanent residency as a spouse of a U.S. citizen when his visa expired", I too assumed he was here illegally,since once a visa expires legal status ends. In any case there is no compelling reason to deny him legal status.

[debbeko1]

06:57 PM on 08/13/2011

Kent, did you read the story? The man was NEVER illegal here in the U.S. He NEVER broke ANY laws, and he should NOT be deported since he has been married to an American Citizen since 2004.

[white53duk]

11:55 PM on 08/12/2011

And years ago, at a quaint little place called "Ellis Island", thousands of people were denied access to the United States for a "little thing" called "TB". And AIDS should be granted some "special" consideration? I think not.

[mddunnington]

12:41 AM on 08/13/2011

And they all came right into the U.S. with the T.B. one by one.

[jack Winn]

01:13 AM on 08/13/2011

Immigration controls can slow the spread of disease, but it won't stop it. The only really effective controls are medical.

There's a broader lesson in that - immigration controls are a management tool, not a cure-all, for all our problems.

[mddunnington]

12:46 AM on 08/13/2011

You see also there is one little thing,,T.B. you can catch in the air you breath..The HIV virus you cannot catch that way. Big difference. Heck even years and years ago they thought people could catch cancer from someone.

[jos321]

11:12 PM on 08/12/2011

the law is the law ---------period---unless you from south of the border

[Neenerpuss]

02:38 PM on 08/13/2011

The same law does not apply if you are heterosexual...even if you are from north of the border.

That is the point...its not equal protection under the law.

[debbeko1]

06:59 PM on 08/13/2011

The law for heterosexual marriages allows for the spouse to live here, so this law should not be the law, it is discriminatory. Just because majority selects opposite sex for a spouse should not mean the minority who doesn't should suffer and not get the same rights. This is like saying Blacks should go to the back of the bus, and GLAD that law changed!!!!! (Thanks to Rosa for starters.......)

[celtscat]

07:08 AM on 08/14/2011

Agreed.