Senator Patrick Leahy Formally Submits Immigration Bill Amendments to Include Gay Couples

As expected, Senate Judiciary Committee Chairman Patrick Leahy has formally submitted two amendments to the "Gang of Eight" immigration bill that would provide equal treatment for same-sex couples.

Read the amendments, AFTER THE JUMP...

Buzzfeed's Chris Geidner reports:

Among Leahy's amendments is one that is modeled after the Uniting American Families Act, a bill that would create a new category of "permanent partners" to enable a U.S. citizen in a same-sex couple to sponsor a foreign partner. A second amendment, according to a news release from Leahy's office, "provides equal protection to lawfully married bi-national same sex couples that other spouses receive under existing immigration law."

Geidner adds:

Lavi Soloway, an immigration rights lawyer who represents same-sex couples and co-founded The DOMA Project, told BuzzFeed the second amendment was "nothing short of a strategic master stroke."

Explaining, he said, "It would amend the Immigration and Nationality Act so that all marriages of gay and lesbian binational couples would be recognized for immigration purposes only, thus creating the first ever 'carve out' or exception to DOMA under federal law."

Said Leahy in a statement:

"For immigration reform to be truly comprehensive, it must include protections for all families. We must end the discrimination that gay and lesbian families face in our immigration law."

Read the amendments, AFTER THE JUMP...

The Human Rights Campaign released a statement to Towleroad this afternoon regarding the expected amendments:

This afternoon is the deadline for members of the Senate Judiciary Committee to file amendments to the Immigration Reform bill the committee will start marking up on Thursday. LGBT advocates have every expectation that an amendment will be filed adding bi-national same-sex couples to the bill. The four Republican members of the “Gang of Eight” have threatened to derail the immigration bill if gay couples are included in it suggesting that protecting this group, currently left out of our broken immigration system, is somehow different than the other important fixes contemplated. It’s not.  

If they end up doing that, they should just own it and call it what it is: homophobia. Labeling the inclusion of bi-national couples in the immigration bill as toxic is nothing more than a tired, insulting ruse designed to distract attention from their own failure to represent all Americans. 

Senators can look to the recent overwhelmingly bipartisan passage of the Violence Against Women Act (VAWA) Reauthorization as their guide. There, Congress took an existing federal law and improved upon it to ensure that more vulnerable populations, including LGBT people, are protected. It can be done.

There is a jarring disconnect between the American public and these senators when it comes to issues of LGBT equality. It’s pretty dated to consider LGBT equality as a controversial, hot-button issue like these senators are portraying it to be. In fact, a strong and diverse majority of Americans support equality. These senators are towing a tired line that no longer represents mainstream opinion, and they’re throwing same-sex couples under the bus in the process.

Senator Rob Portman Talks ENDA, Immigration, and Marriage Equality: VIDEO

Buzzfeed sat down with Senator Rob Portman (R-OH) at one of its Buzzfeed Brews events during which beer is guzzled. About half of the discussion was devoted to LGBT issues including immigration, ENDA, and his shift on marriage equality.

Chris Geidner encapsulates the discussion:

Noting that many areas of federal law address marriage-based benefits, Portman counseled against the creation of a specific category for same-sex couples in immigration law — although he stopped short of saying he would oppose such a measure....

...Portman also expressed general support for LGBT employment protections, saying, "I totally support the concept" of the Employment Non-Discrimination Act, which would bar most employers from discriminating on the basis of sexual orientation or gender identity.

"There oughta be a law in place," he said, expressing two potential concerns with ENDA: "litigation that could result" and "religious freedom."

...Asked about criticism he received when announcing his changed view on marriage equality by those who said it shouldn't have taken learning about his son for him to change on the issue, he initially replied, "Whatever."

Portman then said he hadn't thought about the issue in depth prior to learning about his son, although he said that perhaps he should have done so.

Pick up the conversation as it turns to LGBT issues, AFTER THE JUMP...

Obama on Immigration Reform: 'The LGBT Community Should Be Treated Like Everybody Else' - VIDEO

In a press conference which included a wide range of topics, President Obama told reporters in Costa Rica last night that he supports LGBT-inclusive immigration reform because it's "the right thing to do" but admitted he was uncertain about what might happen with the provision.

Said Obama:

"The LGBT community should be treated like everybody else. That's the essential core principle behind our founding documents. The idea that we're all created equal and we're equal before the law...And so Senator Leahy may present this provision in committee, it may be presented on the floor. It will be one of many amendments and provisions, some of which I support. Some of which I think are really bad ideas...I can tell you I think that the provision is the right thing to do. I'll also tell you that I'm not going to get everything I want in this bill. Republicans are not going to get everything they want in this bill."

Watch, AFTER THE JUMP...

LGBT Groups React to Threats Against LGBT-Inclusive Immigration Reform Bill

LGBT organizations reacted yesterday to statements by Republican senators that comprehensive immigration reform would be put in jeopardy by the addition of provisions for LGBT families. A coalition of groups released a statement. HRC released another.

National Center for Lesbian Rights, GLAAD, National Gay and Lesbian Task Force, United We Dream and Queer Undocumented Immigrant Project released the following statement:

"Our primary goal is to pass a commonsense, compassionate immigration reform bill that puts our nation's undocumented men, women and children on a pathway to citizenship. That pathway would provide at least 267,000 LGBT undocumented people the opportunity to become full participants in our economy and our democracy.

"We do not believe that our friends in the evangelical faith community or conservative Republicans would allow the entire immigration reform bill to fail simply because it affords 28,500 same-sex couples equal immigration rights. This take-it-or-leave-it stance with regard to same-sex binational couples is not helpful when we all share the same goal of passing comprehensive immigration reform that provides a path to citizenship.

"We all deserve a chance to live with dignity, to pursue our dreams, and to work for a better future and better quality of life.

"Our current immigration system is broken. It dehumanizes, scapegoats and vilifies all immigrants, including LGBT immigrants, and their friends and families. Comprehensive, compassionate immigration reform is an urgent priority for our nation and the LGBT community.

"We stand firmly that the following principles must be included if we are to truly have comprehensive immigration reform legislation:

· Provide a pathway to citizenship.

· Ensure that family unity remains at the heart of immigration law and policy.

· End unjust detentions and deportations.

· Uphold labor and employment standards and ensure that the enforcement of immigration law does not undermine labor and employment rights.

· Promote a dignified quality of life for border communities by establishing oversight mechanisms to ensure border agencies uphold basic civil and human rights protections.

· Ensure immigrant members of our community are not relegated to permanent second-class status."

And HRC President Chad Griffin released this statement:

"The idea that lesbian and gay couples are the barrier to a bipartisan immigration reform agreement is an offensive ruse designed to distract attention away from the failings of Congress -- a body that refuses to come together on popular and common-sense solutions to a host of our country's problems.

"When examining the facts, it is clear that LGBT equality is not the controversial, hot-button issue that a handful of legislators portray it to be. Marriage equality continues to advance in the states and polls show super-majority support for everything from workplace non-discrimination laws to anti-bullying protections. Moreover, a broad coalition of religious groups, labor organizations, businesses and civil rights groups support the inclusion of same-sex bi-national couples in a comprehensive reform bill.

"This bluster is nothing more than a political maneuver designed to divide the pro-reform coalition and at the same time appease a small but vocal group of social conservatives that will do anything to stop progress for lesbian and gay couples. The LGBT community will not stand for Congress placing the blame of their own dysfunction on our shoulders."

Immigration Bill, GOP on Collision Course with Gay Rights, LGBT Families

The issue of immigration legislation that would affect up to 40,000 same-sex couples across the country is about to become a huge issue surrounding the comprehensive immigration reform bill under consideration in Congress as the battle of whether or not to include it comes to a head.

President Obama's immigration reform proposal, unveiled in January, had included LGBT families but those inclusions were not there when the bill was introduced by the 'Gang of Eight' last month.

The NYT reports:

Now, with the immigration bill scheduled to advance next week toward a vote in the Judiciary Committee, Democrats are in a quandary about whether to offer an amendment that would give green cards to same-sex partners.

Republican sponsors of the overhaul warned on Tuesday that such an amendment would sink the entire measure.

“There’s a reason this language wasn’t included in the Gang of Eight’s bill: It’s a deal-breaker for most Republicans,” Senator Flake said. “Finding consensus on immigration legislation is tough enough without opening the bill up to social issues.”

Senator Patrick J. Leahy of Vermont is considering a separate measure:

Senator Leahy’s bill does not seek to legalize gay marriage. Instead, it would allow an American citizen to petition for a green card for a “permanent partner.” Senator Susan Collins of Maine, a Republican, is a co-sponsor of that bill. “Our legislation would simply update our nation’s immigration laws to treat binational, same-sex permanent partners fairly,” she said on Tuesday.

She and Senate Democrats are looking to Mr. Leahy to decide whether to attach that measure as an amendment to the larger bill. He has not yet tipped his hand.

But in an interview Tuesday with the conservative radio host Hugh Hewitt, Senator Rubio was blunt in his assessment of the impact of any same-sex amendment. “This immigration bill is difficult enough as it is,” he said. “If that issue is injected into this bill, this bill will fail. It will not have the support. It will not have my support.”

Politico reports that Leahy and HRC are telling advocates he will offer up the measure:

But by doing so, Republicans warn that Democrats will tank the whole bill.

“It will virtually guarantee that it won’t pass,” Sen. Marco Rubio (R-Fla.), a member of the Gang of Eight negotiating group, told POLITICO in a brief interview. “This issue is a difficult enough issue as it is. I respect everyone’s views on it. But ultimately, if that issue is injected into this bill, the bill will fail and the coalition that helped put it together will fall apart.”

As the legislation moves through the Judiciary Committee and on to the Senate floor, many people will make pronouncements about things that must be kept in or kept out of the bill — but few issues worry the Gang of Eight as much as same-sex partner rights.

Buzzfeed's Chris Geidner adds:

If the provision ends up being added into the bill, Republicans could be given an attempt to remove the provision on the floor, but it almost definitely would fail. At that point, the question would be whether Senate Republicans otherwise inclined to vote for the bill would be willing to give up those political gains in order to eliminate the potential for a gay-rights gain in the immigration reform bill.

Even if included in the Senate bill, the measure likely would not find its way into any House version of immigration reform, which would either lead to a conference committee or a situation similar to that faced by the Violence Against Women Act reauthorization, when House Republicans balked at a more inclusive Senate version in the last session of Congress but relented and passed the Senate version earlier this year.

News: Netflix, Bradley Manning, Vietnam, Sarah Palin

Netflix's increasingly valuable stock has made the company's CEO, Reed Hastings, a very, very rich man.

LGBT activist Michael Petrelis is one of those who is calling for a protest in San Francisco tomorrow over the SF Pride/Bradley Manning controversy: "'Our message to SF Pride is that they should make Manning a grand marshal of this year's Pride march and celebration because of his brave act of whistleblowing against the military industrial complex,' said Petrelis. 'We are fed up with marriage and military concerns sucking the oxygen out of what used to be a queer movement and Pride march and celebration about social justice for queers.'"

Kickstarter pays off for Zack Braff.

Mark Wahlberg's Pain & Gain muscles a box office win.

First gay wedding fair held in France.

Compelling story about a popular gay ex-mayor of a small Texas town who gave up his rising career for love: "He followed a path blazed by hundreds of gay Americans each year, who have found that U.S. immigration law offers no easy way for them to live legally with foreign-born partners."

Vietnamese series My Best Gay Friends is a big hit. Says creator: "I thought it would only interest Vietnam's gay community -- but we're hearing that parents, grandparents, whole families watch and love the shows and long for new episodes."

The Associated Press asks if lesbians are more accepted than gay men.

Unsurprisngly, Sarah Palin finds the time to complain about last night's White House Correspondents' Dinner.

Ashton Kutcher involved in altercation at the Stagecoach music festival.

RIP: Alan Wood, the man who owned the U.S. flag in Joe Rosenthal's photo of the famous flag-rising over Iwo Jima.

  Jake Gyllenhaal and Jude Law hang out together in the East Village.