Tuesday, June 25, 2013

DOMA's Hopeful Demise and Bi-National Same Sex Couples

While DOMA, the Defense of Marriage Act, harms all LGBT Americans, no one experiences a worse plight than American gays married to citizens of a different country.  Unlike heterosexual couples who can immediately have the non-US secure US residency as the spouse of a US citizen, DOMA bars such residency for gay couples.  It is part and part of DOMA's overall goal of stigmatizing and making life Hell for gays in general.  DOMA's yet another example of "Christian love" in my view.  A piece in Huffington Post looks at what the pending U.S. Supreme Court ruling my mean for these bi-national couples.  Here are highlights:

The outcome of the court's DOMA decision will impact LGBT Americans and their families in a multitude of ways. However, one group that arguably has the most to gain from a favorable decision is binational same-sex married couples. Not only are such couples denied the general range of federal rights and benefits associated with marriage, but they also deal with the additional stress and trauma of having to find ways to physically stay together in the same country.

There are thousands of binational same-sex couples currently residing in the U.S. (and thousands more living outside the country) in which one of the partners is a U.S. citizen or U.S. permanent resident. Due to DOMA, neither a U.S. citizen nor a U.S. permanent resident can sponsor a same-sex spouse for immigration, as this falls under federal law. 

Binational same-sex couples in the U.S. (both married and non-married) have historically been forced to pursue extreme measures in order to maintain their relationships:

1. Seeking temporary immigration status for the non-U.S. partner via a temporary visa (e.g., tourist, work, student visa categories) has helped some couples stay together physically in the U.S. for a defined and limited period of time. However, this has often come at considerable financial cost. Additionally, it has been accompanied by the stress of still having to find a permanent solution  . . .

2.  Some non-U.S. citizens who have not been able to successfully apply for a temporary visa have elected to stay in the U.S. without legal status so as to maintain their same-sex relationship with an American spouse. This causes immense stress to the couples involved due to the uncertainty and anxiety associated with residing in the U.S. without legal immigration status.

3.  Many binational same-sex couples have elected to leave the U.S. when the non-U.S. partner has been unable to obtain a temporary visa. Some couples have migrated to third-party countries in which neither partner is a citizen. Others have moved to the country of the non-U.S. partner in instances where this has been possible. Thankfully, over 30 countries provide immigration benefits for same-sex couples (married or not)  . . . 

It is my sincere hope, both on a personal basis and for LGBT people generally, that the U.S. Supreme Court strikes down Section 3 of DOMA. Such action would finally bring to a close the discrimination against binational same-sex married couples that has caused such pain and distress for thousands of U.S. citizens and their partners over many years. It is truly outrageous that so many Americans have been forced to choose between their homeland and their spouse. No one should ever be forced to make such a choice.

If the Supreme Court issues a DOMA decision that favors equality, the U.S. would then join a growing list of nations that recognize same-sex marital relationships for immigration purposes. Not only would this bring obvious relief to those couples impacted by such a change in law, but it would also enhance America's international reputation as a nation that honors the human rights of LGBT people.

 There is much more to the article that deserves a full read.  Once conclusion from the article is that gays have a strong reason for walking away from religion.  Religious based bigotry and hate are the force behind DOMA.  

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