Kerry Stands up for Gay Families But Misses the Point

There are thousands of couples in the United States who worry everyday about being forcibly torn apart by their government.

Even more LGBT citizens live separated from their partners and, in some cases, their children. As long as federal law doesn't recognize same-sex relationships, immigration laws won't allow for spousal sponsorships and that means those LGBT people unfortunate enough to fall in love with someone from a different country are destined to live with constant insecurity and pain.

Today, Senator Kerry has asked the Obama administration to do something for one couple in exactly this situation.

Junior Oliveira and Tim Coco were married in Massachusetts in 2005, own a house and a dog together, and have barely seen each other for two years. When Oliveira's asylum application was filed and then rejected, he was deported home to Brazil. Even a request to enter the United States to attend his mother-in-law's funeral was denied.

Kerry argues that Oliveira's asylum request was unfairly rejected as his claim that a prior rape in Brazil combined with an ongoing risk of homophobic attack in his home country should have justified a successful claim.

But that misses the point entirely.

Oliveira should not have to apply for asylum to live with his husband. And Coco, an American citizen, should not have to give up his life partner just because a judge didn't think Oliveira had been sufficiently traumatized by experiences in his past.

The idea of spousal sponsorship was based on the simple notion that American citizens should have the right to live with their life partner and their children even if the symbols on their passports don't all match.

But gay families have never been afforded this protection.

Instead, we see our partners or our friends' partners deported or refused entry. Worse still, many live with the constant insecurity that an expired visa or a lost job could tear you from your husband or wife permanently.

Repealing DOMA would eliminate the immigration problem, sure. But until then, immigration judges could solve this inequality by using their vast discretion to grant humanitarian asylum to individuals in committed or married same-sex relationships.

That's what Kerry should be asking for.

Comments

[JohnBisceglia]

If our Federal Government doesn't GROW A BACKBONE soon and do what is moral, it will be extremely difficult for most Q Americans to contribute and/or participate in this country AT ALL. How can ANY Q "citizen" feel part of this country when their OWN MOST-BELOVED FAMILY MEMBERS are sh*t on by the federal government? Does America HONESTLY THINK all Q's are just following orders like sheep? THINK AGAIN. The anger and RAGE is very, very VERY real and growing exponetially every day we prolong this cruel FAMILY INEQUALITY.

I used to volunteer and contribute and BELIEVE in being part of my community, schools, churches, and local government. Since PROP 8 passed and we ALLOWED citizens to vote on other family's legal worth - a crime in many folks opinion - I only see voters who can vote FOR or AGAINST my own family....­.Help or Harm. THAT IS EVIL. LEGAL HATE. At the very least "UN-American".

[Matt Carter]

This is exactly why the LGBT rights movement cannot get off the ground in this country. It's easy to point fingers at the Republicans, but the truth is that the Democrats (including president Obama) undermine us at every turn. Rape?!?!? Can't Kerry (or the majority of his colleagues) simply grow a frigging backbone and support same-sex marriage because it's the right thing to do, without resorting to these silly (and frankly, insulting) non sequiturs?

I've said it before and I'll say it again: with friends like these, who needs enemies?

[equalitynowUAFA]

Around the world, activists are stepping up to demand passage of UAFA. Join a growing cadre of fair-minded people, from Australia to Alaska to demand equal immigration rights for same-sex couples. Anything less is un-American. We will pass the Uniting American Families Act (UAFA), but together we will pass it sooner. What can you do to help pass UAFA sooner?

http://immigrationequality.org/template.php?pageid=49

use Facebook as an outreach tool, so many people are on Facebook…including Immigration Equality, Out4Immigration and so on. Please check also http://www.4uafa.com, lets put all the ideas and action alerts together, please also post there…and please post your ideas everywhere you can!
Thanks for all the people supporting us in the Ellen forum, please don’t forget to also write to her directly!
Also, don’t forget to use the wonderful tool here on IE, where you can enter your zip code in order to locate all the newspapers in your http://org2.democracyinaction.org/o/5036/t/1978/letter/?letter_?letter_KEY=11
And please consider creating publicity in rural geographical areas where we need allies! What is certain is, that we could count on the support of the local LGBT communities, but we have to reach them!
Thank you!

[Shawn60]

THANK YOU SO MUCH for reporting on this issue.

While the gay marriage right is a hot issue, however, many of us do not even have the simple right of staying with our love ones. Many of us who are in a committed bi-national relationship are struggling to stay together simply because the United States does not recognize our relationships for immigration purposes. Some of us are forced to choose between living in America or overseas where immigration based on civil union is granted for gay couples, some are separated and heartbroken because that’s not even an option.

We need the support from our gay community and hope you will keep including this issue as a topic in your publication to let more know about this discriminatory fact.

Also, please support the UAFA (United American Family Act) bill that has been proposed to the house/senate for again last February.
(you can learn more from website such as: http://www.immigrationequality.org)

KEEP OUR FAMILY TOGETHER!!
thank you!!

[bkbzipper]

The article also misses the UAFA (United American Families Act), which would united bi-national couples, it would allow same-sex partners to sponsor their partners. There are over 35,000 people in this situation.­.. PLEASE do a story on that! THANKS