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Elena Quintana

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The Double Jeopardy of Being an LGBT Immigrant

Posted: 09/26/11 05:48 PM ET

There is a way that groups of people are pushed to the margins, and kept there for sometimes decades or centuries. In the past, groups including left-handed people, women, and religious minorities were harassed and or separated from general society. While, for the most part, there is no stigma in being left-handed, legislation has been necessary to protect the rights in the latter two groups. Although women and religious minorities can, as groups, list examples of living without parity in this culture, there is the validation brought through legal steps that acts as a psychological entitlement to parity. However, as we slowly make our way to deciding who gets rights in this country and who does not, two more marginalized groups come to mind. These are members of the LGBT (Lesbian, Gay, Bisexual, and Transgender) community, and immigrants. Here in Illinois we have passed some landmark legislation that serves to promote rights to some members of both of these groups. Celebrating this only seems to diminish the truth of how far we have to go before fully recognizing the importance of human rights in establishing and maintaining a civil society.

Same-sex couples can now obtain "civil unions" recognized only within Illinois. Still, those couples that take these vows are eligible for some of the benefits that married couples enjoy, such as the right to pension benefits, medical visitation and decision making, and adoption and parental rights. Same-sex civil unions are not recognized federally, which seems to contradict the Full Faith and Credit Clause within the U.S. Constitution which mandates that all states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." Still, short of federally-recognized marriage, same-sex couples exult in the progress that validates their right to establish families that have a modicum of legal recognition and the protections that come with that.

For immigrants, Illinois has passed a state-wide "DREAM Act" that allows for undocumented students to save money for college in state-sponsored plans. This act also allows those immigrants brought here as children to, under certain circumstances, have access to a privately-endowed scholarship fund that will allow them contribute to institutions of higher educational and to society in a constructive fashion. It is important to note, however, that the Illinois DREAM Act does not provide any path to citizenship. This would have to be done on a federal level. And given that there is not equal access to wealth, opportunity, or even basic survival in many parts of the world, countries such as the United States would be served well by creating sensible and fair trade and immigration policy. Anything of this nature has yet to come to fruition.

Clearly we live in societies that are more global, mobile, and multi-faceted than in past generations. The piece-meal niggling over granting simple human rights results in a phenomenal waste of time, money, economic opportunity, and societal standing. A couple such as Claudia, from Palatine, and Maria, from Brazil should be able to stay together in this country, and raise their children as an intact family without the fear of Maria being deported. What does it mean for our society to reject the very things we need the most : tolerance, unity, love, collaboration, and global understanding.

Now that same-sex civil unions are legal (and in some states, same-sex marriage), the legal protections for undocumented spouses or civil union partners are called into question. This Tuesday, September 27th, two United States Congressmen, Representatives Luis Gutierrez and Mike Quigley, will appear together at the Adler School of Professional Psychology, at an event hosted by the LGBTQ Immigrant Rights Coalition of Chicago. In the event moderated by Mona Noriega, Commissioner of the Department on Human Relations, these Congressmen will attempt to elevate the discussion regarding the thousands of people in Illinois affected daily by the human rights limitations experienced separately and together by both of these marginalized groups. In solidarity with the daily work of the Coalition, Gutierrez and Quigley will attempt to bring a voice of support and reason to resolve the legal limbo experienced by all of the thousands in Illinois living with the double jeopardy of being gay, and being an immigrant, or loving one.

While many reading this may not belong to either of these marginalized groups, the push toward social and legal equality for all people is one thing we should advocate in an effort to show the love of our city, our state, and our country. Countries that place civil liberties first are healthier places to live, grow, raise families, and collaborate to the betterment of all. In a time when politics have become polarized, and issues have been made into cartoons, we owe it to ourselves to recognize that a freer society with greater human protections for all protects us too.

 
 
 
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09:53 PM on 09/28/2011
This article is very thought provoking- it reminds us that just because we may not fit into a particular category a threat to anyone's dignity is a threat to dignity everywhere.
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CelticMajic
The answer lies in each of us individually
01:19 PM on 09/28/2011
Another writer that conveniently and intentionally leaves out "illegal" or uses the euphemism "undocumented". How about some honesty? If someone is here illegally then they have broken the law. To whom they are married or have a civil union with is perhaps interesting to some but has nothing to do with the fact they are here illegally. (I am married to a legal immigrant who went about gaining entry into and staying in the US in a legal manner. Is it a pain? You bet. Can it be done? Yes.) There are NO excuses for illegally entering or staying in our nation.
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angelcakesinc
Tolerance of intolerance is intolerable
01:29 AM on 09/29/2011
Perhaps it wasn't mentioned because it wasn't the point of the article? And for your information, legal or not, gay immigrants DON'T have access to the same path to citizenship through marriage as straight immigrants do, which is one of the biggest problems of DOMA.
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BeatlesPrudence
Beware of Liberals posing as Americans
01:18 PM on 09/27/2011
"Full Faith and Credit Clause within the U.S. Constitution which mandates that all states within the United States have to respect the "public acts, records, and judicial proceedings of every other state." Interesting! Illinois clearly violates this Act, then. Illinois picks and chooses which laws they recognize themselves, from other States? Clearly Illinois disregards CCWs and other permits to carry firearms from other States, which is a Bill Of Rights! Typical liberals, "Go with our ideas, or go to jail", hypocrisy.
11:31 AM on 09/27/2011
So here is one that is not getting any press.

The wife of a major Mexican Drug cartel leader...crossed over the border and gave birth to twins girls in the US.

After her stay to recover, she went back over the border.

Free health care...now the kids are citizens....and daddy is a nasty drug lord....

The US did nothing, nothing.

This crap has to stop, the criminal master minds in the world are laughing at us every which way
07:29 PM on 09/26/2011
It is about time that individual states take it upon themselves to grant citizenship.
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angelcakesinc
Tolerance of intolerance is intolerable
02:26 AM on 09/27/2011
That's not... legally or logically possible. For that to be doable we wouldn't be fifty states in ONE country, we'd be fifty individual countries, and boy wouldn't THAT make things infinitely more complicated?
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CelticMajic
The answer lies in each of us individually
01:22 PM on 09/28/2011
no
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Vivicca Whitsett
Actor, Comedian, Host, Activist
05:33 PM on 09/26/2011
Here's my take. If you are here illegally you're a criminal and should be deported immediately. If you're here LEGALLY and a member of the LGBT community then you should enjoy all the benefits of being a US citizen. That includes NOT being deported from your husband/wife (whatever the case may be). But if you're here illegally and are expecting the same rights as US legal citizens, then I have a problem with that. Equal protection under the law - and if you've come here by illegal means, you've got to go.
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wulidncr
Believe nothing. Question all. Love boundlessly
06:47 PM on 09/26/2011
If you have a same sex partner, how do you legally bring your non-US citizen partner home? Sometimes, often in fact, there are bad laws. Drinking a beer was a "crime" for adults in this country for a while. That led to normal people being classified as criminals, when clearly they were not. So, why are gay couples being "made" into law-breakers for just doing what straight couples have a right to do; come home to America with the one they love?
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Vivicca Whitsett
Actor, Comedian, Host, Activist
06:59 PM on 09/26/2011
Perhaps I'm not seeing this the way you are. If you and/or your partner have applied for citizenship the legal way, gotten an attorney, applied for a green card, etc... then there shouldn't be a problem. But if your spouse has broken the law and entered (or remained) this country illegally then you must be deported and apply thru the proper channels.

Comparing prohibition to illegal immigration is stretch. If you're saying you married your spouse and they cannot enter this country legally "because they're LGBT" then that's discrimination and I'll stand with you to fight it -- as long as the spouse remains in their country until the matter is settled.
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gregcurts
Any belief worth having must survive doubt”
09:53 AM on 09/27/2011
Comparing LBGT love to drinking a beer......Really?!?!?
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CelticMajic
The answer lies in each of us individually
01:23 PM on 09/28/2011
perfectly said!