Monday, July 23, 2007

Foreign Nationals, Military, Warned off Domestic Partnerships


A story from the Boston Globe shows why anything short of equal marriage rights under state law and a repeal of the federal Defense of Marriage Act will give LGBT couples the protections they need. Here are some highlights:

Gay and lesbian advocacy groups are urging couples to think twice before registering. Couples where one or both members are either foreign nationals or members of the military are at risk if they acknowledge their relationships.

"Be very, very careful and seek legal advice before seeking a domestic partnership," said Lara Schwartz, the legal director for the Human Rights Campaign in Washington, D.C. Because immigration law does not recognize same-sex couples, an American citizen would not be able to sponsor their partner if they are on a temporary visa, and in some cases registering for a domestic partnership could jeopardize a foreign national's status. And in the case of military couples, it could violate the "Don't Ask, Don't Tell" law and jeopardize their careers.

The new state law creates a domestic partnership registry with the state, and will provide enhanced rights for same-sex couples, including hospital visitation rights, the ability to authorize autopsies and organ donations and inheritance rights when there is no will. The new domestic partnership law "is a huge step for marriage equality in the state," said Connie Watts, executive director of Equal Rights Washington. " But as you start looking at it closely you'll see we have a long way to go."
"The domestic partnership registries are public documents that the Department of Defense has access to," said Steve Ralls, a spokesman for the Washington, D.C.-based Service Members Legal Defense Network, a legal aid and advocacy group for gay and lesbian members of the military.

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