From Brian Leubitz at Prop Eight Trial Tracker:
Love Across Borders
by Brian Leubitz
One of the more important of the 1,000+ rights of marriage under federal law is the right to bring your spouse into the country. In fact, marrying an American is even grounds for citizenship. Yet for same-sex partners, there is no right to stay in the country for your partner. Even if you are married under state law, whether in California, or in any other state that recognizes same-sex marriage, your marriage just doesn’t count. The “Defense of Marriage” Act (DOMA), a blatantly unconstitutional law, sees to that.
The easiest answer? Repeal DOMA, as President Obama pledged during the campaign. But, seeing as he has somewhat less spine as President Obama than he did as Presidential candidate Obama, that may not happen for a while. And Congress doesn’t look to be any rush to force the issue. However, it does appear that Sen. Chuck Schumer (D-NY) wants to at least address this single egregious miscarriage of justice in the upcoming immigration bill:
“The failure to recognize permanent partners in the application for legal permanent residency is a major concern for many Americans,” reads the letter, which was obtained by Immigration Equality. Schumer then reiterates his support for the Uniting American Families Act, which would allow U.S. citizens and green card holders to sponsor their same-sex partners for permanent residency. “I support this principle of immigration reform,” he writes, “and I am working on introducing a comprehensive package that would address this issue along with a host of immigration issues…” (The Advocate)
Of course, the question will be whether the President and the Democrats will actually fight for this provision in the immigration bill, or whether it will be just another bargaining chip that can be tossed aside.
There is simply no reason why the federal government should be ignoring legal marriages and unions to eject same-sex partners from our country. This is one legal provision that is simply too important, too heartbreaking, to cruel to let stand.
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