• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Film/TV/Stream
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Tech/Science
  • Royals
  • Monkeypox
  • Trump critic Liz Cheney falls in U.S. primary, Murkowski survives
  • 13 Reasons Why star Tommy Dorfman gets engaged to a woman.
  • Jonathan Van Ness blasts US government’s response to monkeypox outbreak

Gay-Inclusive Immigration Reform, DOMA, and Obama’s Promise: What are Senate Democrats to Do?

Ari Ezra Waldman January 30, 2013

BY ARI EZRA WALDMAN 

The Defense of Marriage Act (DOMA) may be the greatest barrier to gay-inclusive immigration reform, but that doesn't mean that Congress and the President cannot get together and score a victory for gay equality while fixing a broken immigration regime that is full of too much discretion, too many perverse incentives, and just the wrong amount of cacophonous nonsense.

Viewimage_story.phpDOMA, which is being challenged at the Supreme Court in Windsor v. United States, prevents U.S. citizens who are legally married to foreign nationals of the same sex from sponsoring their spouses for visas, as in the case of Joshua Vandiver and Henry Velandia (right). Therefore, the odious and discriminatory law does violence to the family and to American society as a whole: It either rips loving families apart, putting financial, emotional, and practical strains on the marriage, or banishes the married couple to some foreign land more hospitable to gay rights, which deprives us of skills and cultural capital we so desperately need to compete in a modern economy. Joshua and Henry may have won a reprieve when the government agreed not to deport Henry, a Venezuelan, but countless gay couples have not bee so lucky.

But, the Uniting American Families Act (UAFA) has been proposed as a workaround. The UAFA would allow a gay U.S. citizen to sponsor his or her foreign national partner even without being in a state-recognized marriage. Domestic partnerships and civil unions, the only civil covenants available to hundreds of thousands of gay couples in this country, as well as constructive partnerships — loving and committed partnerships without official recognition — would be sufficient to begin the "spousal" visa process.

DOMA may be on the way out, but the UAFA goes beyond a simple end to DOMA because the UAFA extends sponsorship rights to non-married couples. It recognizes that not every loving and committed couple can get married regardless of sexual orientation.

This seems like a no-brainer. President Obama included protections for same-sex couples in his immigration reform proposal. And yet, the UAFA — or anything like it — was omitted from the bipartisan immigration reform plan that emerged yesterday from the Senate.

AFTER THE JUMP, I offer some possible explanations for this omission and, after setting aside the knee-jerk reactions, I will argue that DOMA, its status as a litmus test for conservative bona fides among the right, and its currently uncertain status at the Supreme Court are complicating gay-inclusive immigration reform.

CONTINUED, AFTER THE JUMP…

You can blame the UAFA's omission on Republican anti-gay hatred — Senators Marco Rubio, John McCain, and Lindsey Graham have made their anti-gay voices heard for years. In fact, Senator McCain already said that including protections for gay families would be a "red flag," which is little more than a euphemism for, "Hell no." You can blame the timidity of the Democrats — Senators Chuck Schumer, Dick Durbin, and Bob Menendez have all been gay rights supporters, but one could hardly call them vanguard leaders that take unpopular pro-gay positions because they know they're right. Senator Schumer, for example, waited until the junior senator from New York, the pioneering ally Kirsten Gillibrand, came out loudly for marriage freedom to make his own switch from civil unions to marriage. You can even blame the last election — both parties want immigration reform (the Democrats to deliver to a key constituency and the Republicans to try to prove they don't hate Latinos) and the art of getting things done is the art of the possible.

Imm_obamaThe one person you cannot blame is President Obama, who proposed a gay-inclusive immigration reform package.

But, despite the visceral anger some gay activists are directing at Senate Democrats for keeping the UAFA out of their immigration reform package, once we take a step back and think about the issue strategically, one of the following scenarios seem more likely: Either Democrats have a strategy to not just propose immigration reform, but to win a gay-inclusive immigration reform bill, or the uncertain constitutionality of DOMA has them waiting for DOMA's final demise to harmonize immigration law. Then again, they could be falsely equating the end of DOMA and the UAFA. Let's hope this last possibility is not the case.

Some facts: First, Senate leaders told various gay rights groups that Senator Patrick Leahy will offer the UAFA as an amendment in committee and several senators and representatives are on record as promising to include protections for gay binational couples in the final bill. Second, they had to have known that President Obama was going to propose a complete, gay-inclusive package. Third, as he has taken on a greater role in messaging for the Democratic agenda, Senator Schumer has shown a talent for enlisting alliances among interest groups to win popular support for the Democratic agenda. Fourth, the UAFA has been proposed and submitted before in both the House and Senate where it promptly went nowhere.

To throw in the UAFA without any additional groundwork would be as foolish as doing the same thing over and over again expecting a different result. And, it's even more important now that the UAFA passes: Democrats need to deliver to the active, monied, and influential gay community after the 2012 election. Plus, no one wants legislative protections for gay binational couples to rack up more losses on the tally; the more a bill fails, the less likely it will pass down the line. Most importantly, DOMA is up for consideration at the Supreme Court and an obvious 'no' vote on the UAFA could send an anti-gay message to the justices as they discuss the fate of DOMA.

Therefore, it is likely that cautious Democrats think that some additional work must be done before we can score a UAFA victory.

Immigration reform should be touted as being about security, love, and money: protecting our borders, keeping families together, and growing the American economy. There's nothing gay about that. Reform would not only help keep our families together, but those of poor migrant workers and those who were born elsewhere but whose children were born here.

Latinos-for-obamaPresident Obama plans to take his immigration proposals to the American people, bypassing Republican knee-jerk opposition in Congress. That process of building support among the voters is essential for the fate of protections for gays families because the President will likely be able to leverage his election win and his staggering popularity to raise popular support for his plans. Will Republicans be willing to filibuster or vote down the very immigration reform proposals demanded by the growing Latino community simply because those reforms will keep gay families together? They'll bloviate and breathe fire on Fox News until pigs fly, but when the President comes back with polling data showing majority support for his immigration reform proposals, and overwhelming support from Latino groups, Republicans will lose. They can't not support immigration reform lest they lose Latino voters for the next fifty years.

There is also the possibility that some Democrats think that they can rely on the Supreme Court striking down DOMA to solve the problem of gay binational couples. If some people hold this view, we know they're wrong: The end of DOMA would only mean that legally married gay U.S. citizens could sponsor their foreign national spouses. It would not help those who can't get married. Nor would it clarify what to do when a couple is married, but lives in a state that doesn't recognize their union. Given this truth, and the fact that our strongest supports in Congress have already disabused anyone of this view, I find it hard to believe that ignorance is a motivating factor.

The most reasonable explanation is, like most explanations, a combination of the above. Conservatives' distaste for anything gay is part of the story; any immigration bill has to get some Republican support in the Senate and pass the Republican-dominated House. But, it's more than that. Republicans have falsely accused the President of failing to enforce DOMA, conflating failing to defend with failing to enforce. That means that they have taken the mantle of DOMA as a standard of conservatism. It would be hard for them to make a U-turn now.

The dubious fate of DOMA at the Court may also be complicating Democratic plans for reform. If a gay inclusive immigration reform package passes, the gay binational couple problem is solved. But, if DOMA remains on the books, it still bars federal recognition of state-sanctioned gay marriages for every other purpose. This kind of confusing labyrinth of laws — it applies here, but not there — is the stuff of anti-government humor and is needlessly complicated to enforce. Therefore, perhaps they think they can wait for DOMA to go down to pass a clean UAFA bill.

Every moment they wait, more families risk being torn apart. President Obama has proven again that he is a fierce ally of our community by making protections for gay families part of his immigration reform package. Senate Democrats have not abandoned us; rather, they are more likely making a strategic play to make sure they can score a victory for us. Take heart. And make sure to hold their feet to the fire.

***

Ari Ezra Waldman teaches at Brooklyn Law School and is concurrently getting his PhD at Columbia University in New York City. He is a 2002 graduate of Harvard College and a 2005 graduate of Harvard Law School. His research focuses on technology, privacy, speech, and gay rights. Ari will be writing weekly posts on law and various LGBT issues.

Topics: Actor, Society More Posts About: Julie Bindel

Related Posts
  • Friday Morning News: NC, Bernie Sanders, Drone Magic, Zayn, Freddy Got Fingered
  • Ontario Becomes First Canadian Province To Ban Conversion Therapy For LGBT Youth: VIDEO
  • Patrick Stewart Announces Support For Northern Ireland Anti-Gay Ashers Bakery: VIDEO
  • 13 Reasons Why star Tommy Dorfman gets engaged to a woman.

    13 Reasons Why star Tommy Dorfman gets engaged to a woman.

    Published by BANG Showbiz English Tommy Dorfman reveals she is engaged to a woman. The ’13 Reasons Why’ actress – who came out as transgender in July 2021 and divorced from ex-husband Peter Zurkuhlen earlier this …Read More »
  • Jonathan Van Ness blasts US government’s response to monkeypox outbreak

    Jonathan Van Ness blasts US government’s response to monkeypox outbreak

    Published by BANG Showbiz English Jonathan Van Ness thinks the US government’s response to the monkeypox outbreak has been “fuelled by homophobia”. The 35-year-old TV star has blasted the government’s “botched response” to the health crisis …Read More »
  • Melissa Etheridge announces solo off-Broadway show

    Melissa Etheridge announces solo off-Broadway show

    Published by New York Daily News NEW YORK — Melissa Etheridge plans to be “the only one” to rock off-Broadway this fall. The Grammy and Academy Award-winning singer-songwriter announced that she will take center stage for …Read More »
  • Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

    Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

    Published by OK Magazine mega Twice as nice: Madonna took a trip to Italy to not only celebrate her own birthday, but her son Rocco Ritchie‘s too! The superstar, who turned 64, posted photos and videos …Read More »
Previous Post: « Manti Te’o Hoaxer Ronaiah Tuiasosopo to Dr. Phil: I’m Gay, Confused – VIDEO
Next Post: Two Gay Men Brutally Murdered in NYC »

Primary Sidebar

Adjacent News

  • Biden signs $430 billion climate, healthcare and tax bill

    Biden signs $430 billion climate, healthcare and tax bill

  • Judge schedules Thursday hearing on motion to unseal Trump search warrant materials

    Judge schedules Thursday hearing on motion to unseal Trump search warrant materials

  • Dr. Oz Loses $5 Million Of GOP Campaign Funding In Pennsylvania As His Poll Numbers Continue To Plummet

    Dr. Oz Loses $5 Million Of GOP Campaign Funding In Pennsylvania As His Poll Numbers Continue To Plummet

Good Trash: Going to Read It Somewhere, Y’know

  • Ellen Has Not Contacted Ex-Lover Anne Heche Following Fiery Crash Into LA Home

    Ellen Has Not Contacted Ex-Lover Anne Heche Following Fiery Crash Into LA Home

  • Pete Davidson Proposed to Kim Kardashian Before Their Breakup

    Pete Davidson Proposed to Kim Kardashian Before Their Breakup

  • New bombshell book on Trump reveals he wanted to be treated like Hitler: ‘Totally loyal’

    New bombshell book on Trump reveals he wanted to be treated like Hitler: ‘Totally loyal’

RSS Partner Links

  • Jonah Hill Reveals He Will Not Promote His Films Anymore - Here's Why
  • The Teaser Trailer For Netflix’s “Wednesday” Is Here
  • Open Post: Hosted By Madonna French Kissing Two Women On Her Italian Birthday Vacation
  • 14th Dorian TV Award Winners: YELLOWJACKETS, ABBOTT ELEMENTARY, HEARTSTOPPER & More!
  • People Are Roasting Brooklyn Beckham For Implying That His Career As A Chef Helped Him Buy His $1.2 Million Sports Car
  • Hot Slut Of The Day!
  • Rachel Bilson Admits She Misses Bill Hader’s Huge Package More Than Anything Else

Most Recent

  • Trump critic Liz Cheney falls in U.S. primary, Murkowski survives

    Trump critic Liz Cheney falls in U.S. primary, Murkowski survives

  • 13 Reasons Why star Tommy Dorfman gets engaged to a woman.

    13 Reasons Why star Tommy Dorfman gets engaged to a woman.

  • Jonathan Van Ness blasts US government’s response to monkeypox outbreak

    Jonathan Van Ness blasts US government’s response to monkeypox outbreak

  • Melissa Etheridge announces solo off-Broadway show

    Melissa Etheridge announces solo off-Broadway show

  • Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

    Fun With The Familia! Madonna Lets Loose In Italy To Celebrate Her & Son Rocco’s Birthdays

  • Viola Davis joins ‘Hunger Games’ prequel in ‘cruel,’ ‘fearsome’ role

    Viola Davis joins ‘Hunger Games’ prequel in ‘cruel,’ ‘fearsome’ role

  • NFL World Reacts To The Carl Nassib Signing News

    NFL World Reacts To The Carl Nassib Signing News

  • Haunted, self-possessed or just spirited: 2022’s Emmy-nominated songs

    Haunted, self-possessed or just spirited: 2022’s Emmy-nominated songs

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

Footer

Copyright © 2022 · Log in

×