New Customs Rule Would Treat Same-Sex Couples As Families

WASHINGTON -- The Obama administration proposed on Tuesday to recognize same-sex couples as families on customs forms, a small but significant step, supporters said, toward equal recognition by the federal government.

"It's very insulting to come to the United States as an American citizen with your partner or your spouse and be told you cannot be treated as a family," Steve Ralls, a spokesman for Immigration Equality, said of the rule. "It is a symbolic step forward toward making sure that gay and lesbian couples will no longer be subjected to a different standard and they're no longer invisible in the process."

The proposed rule change, which was posted to the Federal Register website on Tuesday, would expand the definition of a family for the purpose of customs forms for entering the United States. Under the current rule, same-sex partners must file separate forms rather than entering as a family, even if they are legally married. Heterosexual couples are only required to fill out one form.

It would be among the first wave of changes by the administration to recognize same-sex families as part of an initiative of President Barack Obama to allow for equal treatment to gays and lesbians by federal agencies.

The Defense of Marriage Act prevents the federal government from recognizing same-sex marriages authorized by individual states. But the proposed rule change does not address same-sex marriage specifically but rather broadens the definition of families generally. The definition would also be expanded to cover foster children, stepchildren, half-siblings and guardian situations.

"[U.S. Customs and Border Protection] believes that this proposed change would more accurately reflect relationships between members of the public who are traveling together as a family," according to the rule proposed by the Treasury Department.

The rule is also meant to cut down on paperwork during the inspection process as citizens and legal residents enter the country.

Family Equality Council, an advocacy group that worked with Immigration Equality to push for the rule change, is also lobbying for other recognitions of same-sex couples by federal agencies.

"This is just another example of the Obama administration making that step forward," said Emily Hecht McGowan, the group's director of public policy.

Comments

[Eyedee]

07:43 PM on 03/31/2012

As and individual of an opposite-sex couple I had no clue this was an issue. It makes me a bit nauseated that we actually had to legislate it. A family is a family and I guess my understanding of the law is too simple. Hopefully, it won't become any more complicated but I think this is wishful. I often laugh at the Defense of Marriage Act when I see how high the divorce rate is for us opposite-sex couples....seems one is not too hot to defend their own marriage but has no problem tearing down a different one. After 25 wonderful years I wish nothing but the same for anyone else in whatever mix it materializes.

[chigirl75]

10:35 PM on 03/30/2012

This is fantastic news....little by little, there will be equality!

[Darr Sandberg]

10:31 PM on 03/29/2012

I tried, but I could not find an accurate statement in your entire post.

[spidermom]

08:37 AM on 03/30/2012

I'm still waiting to find out how two women getting Married will hurt this country or you. I don't see anyone redefining God, who and when. How do you define Family? My family includes, my daughter by birth, my wife whom I've known since 1973 and have live with for the last 17 years, had a Holy Union preformed by my minister 16 years ago and then married in Connecticut in 2006 as well as parents, siblins, cousins to include adopted, etc. By keeping religion out of government you keep the Mormans, and Catholics and Chirstian Science from fighting with the Baptist (and everyone knows they are right). What is the purpose of sexulity? Is it just to reproduce? Tell us All Knowing One.

[mrld20]

04:33 PM on 03/29/2012

Great news! We need more small victories such as this one!

[LaoLan]

03:48 PM on 03/29/2012

sent my comments:
http://www.regulations.gov/#!submitComment;D=USCBP-2012-0008-0001

[Michael Ludin]

03:24 PM on 03/29/2012

brick by brick!

[JDuck]

01:15 PM on 03/29/2012

WOOT! :D

[duckpuddle]

01:10 PM on 03/29/2012

This is the bit that must scares the opponents of same-sex marriage:

"The Defense of Marriage Act prevents the federal government from recognizing same-sex marriages authorized by individual states. But the proposed rule change does not address same-sex marriage specifically but rather broadens the definition of families generally."

Them: Now those gay people, with Barack Obama's help, are changing the definition of not just marriage, but family as well.

Us: Another welcome step to codifying and recognizing the reality that, married or not, gay people can form loving families.

Thanks you President Obama, I can tell you are building up to the repeal of DOMA, please proceed as quickly as pragmatically possible as you do in all matters.

Obama 2012

[Meri B Kassner]

08:34 PM on 03/29/2012

I totally agree with you...everyone is against Obama and what he is doing with health care but he is spot on in trying to repeal DOMA...we need equal rights for ALL...NOW! :)

[duckpuddle]

12:46 PM on 03/29/2012

Step, by step.

Brick, by brick.

Person, by person.

Obama 2012

[chloebe]

07:53 PM on 03/29/2012

such enthusiasm for someone who views you as a second-class citizen...

[cowb222]

11:18 AM on 03/29/2012

If the Custom can ignore DOMA, then why can't the USCIS too??

[Contact1972]

11:29 AM on 03/29/2012

Just what I was thinking! Faved cause I can't fan you again.

[LaoLan]

04:01 PM on 03/29/2012

Interestingly, USCIS provides plenty of benefits to domestic partners of its employees who serve overseas, such as housing, travel and per diem, health care - same as Department of State employees. This also includes the children of domestic partners. It's all in the terminology applied to the relationship - eligible family member. Unfortunately, DOMA (we must have been sleeping when that was passed!) blocks immigration benefits for same-sex spousal relationships, and domestic partners are still waiting for something such as UAFA (that has more lives than my pet cat).

[LaoLan]

11:10 AM on 03/29/2012

This is good for families; however, repealing DOMA will help eliminate this need to "band-aid" regulations and policies.

However, this little phrase: "wherein the partners share financial assets and obligations" appears to hold some family members (domestic partners) to a higher standard. Where does this come from anyhow? Is it relevant? In many cases, partners (and married couples alike) may not necessarily share financial assets, but maybe obligations (to each other).

Sending my comments asap to have this phrase taken out!

[duckpuddle]

12:49 PM on 03/29/2012

This is helpful, but not sufficient.

This is like a civil union law that get replaced by a marriage law.

But any step in the right direction is movement to the good.

[LaoLan]

02:15 PM on 03/29/2012

Agreed, but for any new proposed regulation, comments got to be lodged. Being involved is the key since these will be rules all will follow in the future (and these folks who write the purposed regs may not totally understand who they apply to - and most are not in your shoes).

Hmmm, there is already a hint in the Summary, in quote: CBP believes that this proposed change would more accurately reflect relationships between members of the public who are traveling together as a family.

Does that phrase accurately reflect domestic relationships, or even spousal relationships? Is it fair?

Also, does proposed regulations also clearly include children of a domestic partner who are also part of the family unit?

[alleigh12]

06:07 PM on 03/29/2012

Well, don't forget about this part: "The definition would also be expanded to cover foster children, stepchildren, half-siblings and guardian situations." That means it carries benefits beyond that which would be conferred by repealing DOMA, so it's needed either way.

[imonlyhereforthelaughs]

10:56 AM on 03/29/2012

This will certainly speed up the customs line a bit, since "families" may approach the Customs counter as a unit instead of individually.

[carter2004]

04:11 PM on 03/29/2012

Sigh. Customs already does this. My husband and I travel internationally a lot, and no one has ever given us grief about filling out one form for the two of us. Ever. This is basically a feel-good-but-do-nothing bit of fluff. If you disagree, then I'd be willing to bet you're not not gay.

I tried to post a comment stating this earlier, but it got removed by HuffPost admins. Wonder why.

[hungryaardvark]

10:28 AM on 03/29/2012

Is this a sign that Obama is actually "evolving"? If so, it's about time.

[duckpuddle]

12:50 PM on 03/29/2012

Yes, this is. As have been the other 10 gazillion things he's done for gay people as the most gay-positive president ever.

Stay tuned for more.

[trumbull desi]

04:15 PM on 03/29/2012

I agree. I suspect that after Mr. Obama's reelection DOMA will come crashing down. Fanned.

[navyveteran]

10:27 AM on 03/29/2012

This is proof that the President is evolving on same sex marriage. That is a good thing. I think by Democratic convention time the President will have reached the conclusion that marriage equality in America is way past due. I believe it has been three different courts that have declared section 3 of DOMA unconstitutional ........ so what's the hold up?

[Contact1972]

11:31 AM on 03/29/2012

The Gill case is also going to be heard by the appeals court next Wednesday as well.

[duckpuddle]

12:52 PM on 03/29/2012

Its kinda like waiting for an employer to call and tell you you got the job. You want it now, but they have to line things up to prepare.

In this case, I believe that Obama's methodical measured approach in matters pertaining to gay rights has created progress that will be very difficult for a non-evolved future president to undo.

[navyveteran]

01:24 PM on 03/29/2012

I agree with you ! Obama has to deal with Republicans on a daily basis (sad as that is), so he does seem to wait for the right opportunity to take another step in the direction of progress. Every Republican candidate has said they will reinstate DADT.... They represent the Neanderthal party wanting to drag everyone back to the 17th century. Last night I saw Dan Rather say Republicans had a very good chance of taking the white house..... I absolutely don't understand that. Are we that stupid of a people? I sure hope we aren’t that dumb. OBAMA 2012 !!

[khilljr]

10:19 AM on 03/29/2012

Although I applaud the Obama Administrations step in the correct direction, this still does not help those of us who are Bi-National Same Sex Couples. Not only must we still fill out separate forms, we must also follow different lines (of which, as an American I am usually ushered right through) whereas my partner sometimes takes over an hour or more. I must nervously wait on the other side until I see him come down the escalator into baggage claim hoping that he did not encounter a grumpy ICE officer that wants to find something wrong with his visa! PLEASE PLEASE PLEASE support the striking down of DOMA!

[aggieric]

11:28 AM on 03/29/2012

Thanks for stating that. I was about to make the same comment, relative to me and my partner.

[Contact1972]

11:35 AM on 03/29/2012

Hopefully Section 3 of DOMA will be struck down soon.

[Contact1972]

11:33 AM on 03/29/2012

Until DOMA is ruled on the President can legally and should hold all DOMA deportations in abeyance. Too many binational families are being torn apart for no reason.

Not protecting binational families is inhumane.

F&F

[duckpuddle]

12:53 PM on 03/29/2012

Maybe that is the next step.