This video is a must watch and a must forward to anyone who thinks DOMA is NOT unconstitutional. When a law robs innocent citizens from fundamental rights or from being treated equally under the laws of their country where citizenship is shared – while some  people can  reap the full benefit from the law and others are ostracized – we must cry foul -”Un-American foul play.”

Recently President Obama gave a speech in Texas and in giving an immigration reform speech omitted to mention the forgotten group of bi-national same-sex couples, where the American spouse / partner is unable to sponsor a spouse for a green card…  or maybe he purposely did not mention this group who have struggled for decades for equality, often resulting in the unusual class of exiled Americans.

There are two reasons he may have failed to mention the plight of the binational same-sex couples, albeit so horribly discriminatory.  First, perhaps mere strategy by not drawing attention to the issue for fear that in Republican driven Texas it may overshadow the Immigration reform issue and veer from the need for immigration reform as a whole; or secondly perhaps President Obama does not (and by the way I subscribe to this view) believe that denying same-sex couples greencards is an immigration issue per se, but rather one of Equality – one where the American has lost the right of parity – where the American partner is the victim.  After all the American partner is unable to sponsor the person who they want to spend the rest of their lives with – in the same manner that straight Americans are able.

Thus the real answer would be the repeal of DOMA (Defines marriage as between a man and woman only). Where if enacted all couples will enjoy full equality under the Federal law of the USA.

Legislation is before Congress to repeal the insidious DOMA; as well as a stand alone Bill – the Uniting American families act, (UAFA) which used to be attached to immigration reform during the last congress, but got nowhere.

What you have in a same-sex relationship is no different from a heterosexual relationship; – two people loving each other, in committed relationship,

Photo by Kathy Drasky 2009

willing to love and support each other ’till death do them part’ – even adding children to their families.

Out4Immigration is an all volunteer group – consisting mostly of core key players who direct others across the USA and the globe, bringing the harsh reality of life in exile, life in fear of deportation, life without rights, life without dignity, life without fairness, life without EQUALITY to the American consciousness.
They have done an amazing job by simply revealing the raw emotion of the couples presented in this video. I take my hat off to  the core and very dedicated group led by Kathy Drasky, Amos Lim , Gina Caprio and all the volunteers at OUT4Immigration.

Considering this group is unfunded and all volunteer, I venture to assert that Out4Immiugration has done more for public and congressional awareness, grass-root unity and impression than any other that deals with this issue.

____________________________________________________________________________________________________

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By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

Today, Attorney General Eric Holder has vacated the  deportation order of an individual,  Paul Wilson Dorman, that is in a same-sex civil union with a United States citizen. General Holder has specifically ordered the case to be remanded to the Board of Immigration Appeals (BIA) for the purpose of determining the constitutionality of the Defense of Marriage Act (DOMA), as it relates to obtaining benefits under the Immigration and Nationality Act (INA).

On February 23, the Obama Administration announced that it would no longer defend the Defense of Marriage Act (DOMA) in court, believing it to be unconstitutional.  One month later, the United States Citizenship and Immigration Services (USCIS) announced that it would put a hold on all deportation proceedings of bi-national same-sex couples, since the constitutionality of DOMA was in question.

Forty Eight hours later the reprieve was over!  USCIS announced that it would begin processing those deportation proceedings once again, throwing the lives of these couples into turmoil yet again.

and now this…….

Attorney General Holder’s office provided LezGetReal with the following statement, noting that this case has been given special treatment.

While this does not help ALL same-sex couples cases it certainly shows that there is a measure of consideration to the issue of deprivation of  immigration privileges to foreigners in same-sex unions with American Citizens and residents. It is tantamount to an indication by the AG office, that perhaps USCIS should halt all deportations.

Perhaps this case can be used as precedent for others – time will tell- ..

But deportations form only a small part of the angst and discrimination suffered by same-sex binational couples in the USA, and many who are living exiled from the USA.  It surely is indicative of the fact that the law must change via a special visa process for same-sex spouses – to include Fiance Visas – pending the repeal of DOMA.

While this deportation may be halted, it is still the American spouse who is denied the same RIGHTS as different-gender spouses in the USA -

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

Surely, If President Obama could swoop into a mansion in a foreign country and put a bullet between the eyes of one Osama Bin Laden – he can find a way to keep our US LGBT families in tact; STOP THE DEPORTATIONS !!!!

While the country focuses on recent international events, this Friday a married bi-national couple may be ripped apart from one another by the U.S. government. Josh is an American citizen. Henry is from Venezuela. They married in Connecticut in August 2010. But because of the Defense of Marriage Act (DOMA), Josh can’t sponsor Henry for a green card like any heterosexual American can. SDGLN -

Because of DOMA, Henry risks being deported THIS FRIDAY.

On February 23, the Obama Administration announced that it would no longer defend the Defense of Marriage Act (DOMA) in court, believing it to be unconstitutional.  One month later, the United States Citizenship and Immigration Services (USCIS) announced that it would put a hold on all deportation proceedings of bi-national same-sex couples, since the constitutionality of DOMA was in question.

Forty Eight hours later the reprieve was over!  USCIS announced that it would begin processing those deportation proceedings once again, throwing the lives of these couples into turmoil yet again.

Now plans by the Obama administration to deport Henry Velandia will likely move forward. Henry is in a same-sex marriage. His marriage is legal.  However he will deported back to Venezuela, having to leave behind  his beloved husband, Josh Vandiver of Colorado.

Henry will have a hearing before a Judge of the United States. This week  in Newark, New Jersey, his fate will be decided and he is just one of many who are going through similar hell. The Judge is not empowered to  offer mercy – to take cognizance of  Henry’s love for his partner. The Judge mill ignore his legal marriage, his love, and he will be deported and  banned ifrom the United States forever.

Lest we forget Josh, the American spouse. What about him? Josh has no standing before the immigration court.  He is an American who has no legal right to sponsor his husband for a green card – in parity with different gender Americans who marry a foreigner.  The greatest tragedy here is that our American spouses – like Josh – are being forced into exile.

Exile is when you leave your own country because you are compelled to do so – unwillingly yet voluntarily. Gina Caprio is one such American citizen. Gina has been forced to leave the USA for the United Kingdom so she can be with her wife. Despite years of trying to find a legal way for her spouse, and being active in the out4immigration community, Gina, ran out of options.

In her partner’s case, they kept up a relationship literally traveling between continents and keeping Visa alive and legal.  They did not get into a situation where Gina’s wife would be deported.  Either way – this is a great great wrong to Americans and their families and its being perpetrated on President Obama’s watch.

In  a framework where the  Defense of Marriage Act, that in essence bars same-sex couples from green card sponsorship via marriage,  has been acknowledged by the Administration as unconstitutional,  that piece of legislation is in Congressional limbo, and hence so are LGBT families.

GetEQUAL: “While many LGBT couples are wrestling with what repeal of DOMA would mean for them, bi-national same-sex couples are seeing the impact of DOMA’s continued reign each day — and many are being torn apart from one another in the meantime. ”

We don’t have time to wait on Congress to make things right — we need you to show courage now stop the deportations that are tearing apart our families. USCIS halted deportations of bi-national couples for 48 hours — we need to halt these deportations permanently!”

President Obama has the power to stop these deportations,  he did it for 48 hours; He can use unusual means to stop this degrading and discriminatory debacle.

There are solutions  such as a special visa process for same-sex spouses – to issue an executive order, or  for a Senator  to  introduce a Private Bill via Congress that would pend all deportations of  same-sex couples who can provide marriage certification from any Jurisdiction. The beauty of such Bill would be that its mere introduction could pend all such deportations, without in effect having to be voted upon during this Congress. This is a temporary solution- and can be done in a similar fashion to Senator Feinstein’s  Private Bill Number 867 – introduced for Shirley Tan, back in April 2009.  Such Bill would not have to be voted upon it would simply have to languish in Congress for the duration of this 11th Congress – by them perhaps we can get DOMA repealed in the next Democratic Congress.  The Private Bill could operate for a class of persons therein described.

SIGN PETITION AT:-

see http://www.change.org/petitions/special-visa-for-binational-lgbt-spouse-perma-partners#comments

Article: http://lezgetreal.com/?p=24121

So this is the quest – to support Josh and Henry and others in exile or to be deported:

JOIN THE RALLY -  PROTEST (FaceBOOK)

Time: Friday, May 6 · 11:00am – 12:00pm
Location

Department of Homeland Security/Newark Immigration Court:
– Peter Rodino Federal Building
970 Broad Street
Newark, NJ

TRAVEL:
It’s very easy to get to the Court from Newark Penn Station, which is on the NJTransit line between NYC and Princeton. Coming from Newark Penn Station, walk 2 blocks up Market St., turn left at Broad St. and go 4 short blocks. There is also ample street parking near the Court.

WHY:

You have asked how you can help us STOP the deportation of Henry. Now is the time you can help. We have to stand up together and force the Obama administration to immediately STOP DEPORTING the spouses of gay and lesbian Americans. We are fighting for all couples like us.  Together, we have to stop Henry’s deportation!  We are rallying on Friday in front of the courthouse where Henry’s fate will be decided later that day and want to make sure that everyone inside knows that Henry has community support.

Please join us on Friday and bring friends — we’ll have signs there, but please feel free to make and bring your own!
- Josh & Henry

Sponsored/supported by: Stop The Deportations, All Out, Courage Campaign, Garden State Equality, GetEQUAL,  Marriage Equality USA, Out4Immigration, and the Princeton Equality Project

WRITE at Contact@JoshAndHenry.com to let us know you are coming! We can answer questions and help you get to the rally!

Surely, If President could swoop into a mansion in a foreign country and put a bullet between the eyes of one Osama Bin Laden – he can find a way to keep our US LGBT families in tact!!!!

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

We need this lesson in the context of bigotry. We on the side of what is right and constitutional may understand better when we look at how LGBT equality can be used against basic  rights by bigots and sadly this view of same-sex immigration has been given the open door by Immigration Equality Activists who have messaged that same-sex greencards is an immigration issue, when it is in fact an equality issue.  It is an issue where those same sex couples who are living apart, in exile or in detention/ deportation proceedings have been targeted by their own activists for new immigration law  reform rather than for equality to which they are already entitled.

For the best part of twenty years LGBT activists have been touting immigration equality for same-sex couples.  There have been various incarnations of the current Uniting American Families Act,  now reintroduced into this unfriendly to progress Congress – previously introduced into Congress as the Permanent Partners Immigration Act.   In simple terms the Bill seeks to amend the current Immigration & Naturalization Act, so that same-sex couples are in parity with heterosexual couples – allowing for green card sponsorship from a same-sex partner-spouse.

However as well all know anything gay will be fought with rancor and vicious opposition by right wing bigots who think that gays and lesbians and transgender people will disappear off the face of the earth if they have no legal rights.  The fact remains that no matter what they say or do – this will never happen. So while de facto can never be changed and hence – de jure – civil rights – implemented through law and in conformity with for the US Constitution must prevail.

Binational same-sex  couples are victims of severe discrimination when it comes to immigration and what people like William Gheen of ALIPAC do not understand is that the same-sex couple right to sponsor a foreign born spouse for a green card is entrenched in the constitution via parity to the American partner who ought to have the same  rights as heterosexual American spouses.

This is not an immigration issue it is a discrimination against  fellow Americans issue!  That has been the problem in the advocacy of the issue.  LGBT organizations, by attaching this LGBT equality issue to Immigration Reform, have trapped us in a phony and inaccurate position- UAFA has little to do with Immigration and everything to do with Equality.  Advocated for LGBT immigration have failed in this messaging.

This is the mission of the anti- immigration stance of Mr. Gheen, who now gleefully attaches parity for  gay and lesbian / same-sex couples  to the immigration issue:-

“Illegal Immigration must be stopped and reversed! Join Americans for Legal Immigration Today! OR so says the bigoted blog site of one

Tired of illegal immigration? Americans for Legal Immigration PAC ALIPAC has formed to address the disparity between the public’s desire for more control of illegal immigration and the actions of lawmakers.

News about illegal immigration, illegal aliens, terrorism, national security, border patrol, crime, immigrant gangs, Americans, Congress, laws, and campaigns are Updated here Daily!

Here is the quote from  William Gheen in the Article in OneNewsNow the  bigoted perspective ofan ignoramus who does not have a clue how to truly be an American -  as you can see in his mind he infers that people who have same gender attraction are mere chattels – “imports” things – that can be simply tossed to the wind- and he makes the cardinal mistake of  of … relying on his version of Christianity – denying the faith and belief of so many LGBT Christians. and members of other faiths – who have the same right as he does to revel and enjoy in their own versions of their faiths.

“Targeting anybody for importation into the country based on their sexuality doesn’t sound like something that Congress should be messing with at all,” contends William Gheen, president of Americans for Legal Immigration (ALIPAC).

But he says this legislation fits right into the left’s agenda of changing the traditional values that made America great.

“They’re looking to bring in anybody challenging the established culture inside the United States that they want to bring down,” Gheen suggests. “And though the majority culture of the United States for the last 200 years has been predominately European Christian…they are looking for anybody that would take issue with that. And, of course, Christianity preaches against sodomy.”

Exposing the radical arguments of bigots – in the context of a civil rights perspectives and basic equality- in my opinion illustrates just how un-American these people are – as they cower behind organizations named to hide what they truly represent.

If you are going to take anything away from this piece – I would like it to be an acknowledgment and understanding that same-sex green cards is a matter of American equality – and is not an immigration issue, per se.

This is why, contrary to the strategy of the LGBT Organization purportedly at the helm of this activism,  Immigration Equality,   UAFA should be separated from Immigration reform and its a crying shame that we lost the opportunity to  pass it during the full house in the last Congress.

Now UAFA may well be a waste of time, while support for the bill is divided across party lines, and Democrats are  seeking the Repeal of DOMA – which in event will allow for same -sex couples to sponsor foreign born partners.

“Today thousands of committed same-sex couples are needlessly suffering because of unequal treatment under our immigration laws, and this is an outrage,” said Rep. Jerry Nadler (D-N.Y.), the ranking Democrat on the House Judiciary Subcommittee on the Constitution. “Our Constitution guarantees that no class of people will be singled out for differential treatment — and LGBT Americans should not and must not be excluded from that guarantee.”

Under current law, one member of a married couple may sponsor their partner for U.S. citizenship, but same-sex couples have no such rights, and are often forced to live thousands of miles apart.

“It’s cruel,” said Nadler of the current policy. “It’s gratuitously cruel.”

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

About To Exile to be with Partner

SAN FRANCISCO, CA — Protesting the failure to Provide Same-Sex Spouse Green Cards:  This evening, Out4Immigration, GetEQUAL, and Marriage Equality USA are teaming up to draw attention to the need for urgent passage of the Uniting American Families Act — legislation that would solve the problem that binational same-sex couples face because LGBT American citizens are unable to “sponsor” their partner to stay in the country. Over and over again, binational same-sex couples are forced to flee the country in order to keep their relationships intact, while heterosexual Americans face no problem at all sponsoring partners who are not yet American citizens. IT must be noted that currently The Defense of Marriage Act that prevents the same-sex couples from obtaining green cards is also up for repeal,; Whichever  occurs first will be a matter of strategy on the part of the Democrats and a matter of the usual opposition by Republicans.

NOTE: TIME CHANGE 7:00 PM at  Nob Hill Masonic Center (1111 California Street) from 7pm-8.30pm

While couples are forced to fight court case after court case to avoid being deported, more and more couples are growing weary of the legal battles — and legal fees — they must incur in order to remain in the United States. American citizens like Gina Caprio, who is leaving the country next week to be with her partner in the United Kingdom, are forced to choose between the person they love and the country they love. Gina has spent thousands of dollars in unfair and unjust expenses to spend time with her partner, all the while keeping well within the confines of the law – never breaking it – only to be expelled via this injustice – by her own Country’s inept laws.

President Obama has a clear pathway to solve this problem. By either putting presidential power behind the recently-introduced Uniting American Families Act or by issuing an Executive Order to halt deportations while the Defense of Marriage Act (DOMA) is in question, the President could take action to allow same-sex bi-national couples relief from the impossible choice between love and country. Just a few weeks ago, deportations were halted for a few days before being picked up again — the advocacy community hopes that the President will again halt these deportations…this time, permanently.

“The Obama administration has already indicated that DOMA section 3 is unconstitutional and that they will not defend it in court,” said Amos Lim, founding board member of Out4Immigration. “However, until that issue is settled, LGBT families are still needlessly suffering and being torn apart because we are being treated unequally under the law. We urge President Obama and Homeland Security Secretary Janet Napolitano to stop the deportations and stop separating LGBT binational families until the issue of DOMA is resolved. We also hope that President Obama will urge Congress to finally pass the Uniting American Families Act as soon as possible!”

Gina Caprio, an American citizen in a binational relationship, said, “Immigration reform must include a focus on what is happening to Americans in same-sex binational relationships and the Federal government must stop tearing families apart or, as in my case, must stop forcing U.S citizens to choose between love or country. As an American citizen in a same-sex binational relationship who is about to leave her country to be with the person I love because I cannot legally sponsor her to immigrate to the U.S., it saddens me to think how my country has turned its back on me by denying me and my partner access to the same Federal immigration rights granted to heterosexuals in binational relationships.”

“The Uniting American Families Act has been introduced in Congress over and over again — with bi-partisan support — but has never made it over the finish line,” said Dennis Veite, an activist with GetEQUAL. “It’s time for the President to say, once and for all, whether he supports the right of couples to remain in the United States in order to build their lives here together, or whether he and the Department of Homeland Security will continue to force American citizens into exile simply because of the person they love. Enough is enough.”

I personally take the stand that the Repeal of DOMA is the answer and that the focus of advocacy groups and the President must  be on it repeal , while pushing for urgent remedy via a definitive plan to provide for a special interim visa process for same-sex spouses – while DOMA cases are being pursued and while DOMA pends repeal.  I do not think our families who are forced to make life changing decisions should be expected to wait any longer.  It is not enough to advocate for STOP THE DEPORTATIONS without also providing for those who are currently stranded on other continents or leaving the USA to start new lives abroad.

Tonight’s event will take place outside the Nob Hill Masonic Center (1111 California Street) from 7pm-8.30pm Pacific. More information can be found at http://www.facebook.com/event.php?eid=114167805332846.

Out4Immigration is a volunteer grassroots organization that addresses the widespread discriminatory impact of U.S. immigration laws on the lives of Lesbian, Gay, Bisexual, Transgender and HIV+ people and their families through education, outreach, advocacy and the maintenance of a resource and support network. For more information, go to www.out4immigration.org.

Founded in 2010, GetEQUAL is a national grassroots organization whose mission is to empower the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community and our allies to take bold action to demand full legal and social equality, and to hold accountable those who stand in the way. For more information go to www.getequal.org. For more information, go to www.getequal.org, www.facebook.com/getequal, or www.twitter.com/getequal.

Founded in 1998, Marriage Equality USA is a national grassroots organization whose mission is to secure legally recognized civil marriage equality for all, at the federal and state level, without regard to gender identity or sexual orientation. For more information, go to www.marriageequality.org.

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

Have you ever thought to ask your Senators:  AND especially do if they are one of these…..
Al Franken, Patrick Leahy,  Daniel Akaka (D-Hawaii), Richard Blumenthal (D-Conn.), Barbara Boxer (D-Calif.), Ben Cardin (D-Md.), Robert Casey (D-Pa.), Christopher Coons (D-Del.), Richard Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Tom Harkin (D-Iowa), John Kerry (D-Mass.), Frank Lautenberg (D-N.J.), Jeff Merkley (D-Ore.), Patty Murray (D-Wash.), Chuck Schumer (D-N.Y.), Sheldon Whitehouse (D-R.I.), and Ron Wyden (D-Ore.);

all sponsor the newly introduced UAFA into the current :

The QUESTION:-

• Why are you bothering to co-sponsor UAFA?
• Do you Co-Sponsor the repeal of DOMA?
• Why Both?WHY not Just DOMA?

Yes, READ all About It – The REINTRODUCTION of the 16 year old UAFA (Former incarnation “Permanent partners Immigration Act”):-  Sen. Al Franken is the newest co-sponsor of legislation introduced in the U.S. Senate late last week that would give binational same-sex couples the same rights as married couples for immigration purposes. The Uniting American Families Act is authored by Democrat Patrick Leahy of Vermont and is sponsored by 18 other Democrats. Even though same-sex marriage is legal in seven jurisdictions in the United States, couples in which one partner is not a citizen do not have any right under current federal law.

The bill would make immigration laws equal for same-sex couples, including allowing same-sex partners of refugees and asylum seekers to immigrate to the United States. It also provides for the same penalties for same-sex couples who misrepresent their relationships for immigration purposes as current law does for married couples. The bill makes provisions for same-sex couples to provide documentation of their partnership.

“A core tenet of our immigration policy is preserving family unity. Yet gay and lesbian Americans are still forced to choose between their country and being with those they love,” said Leahy in a statement. “I hear from Vermont couples who face this difficult decision every year. No American should face such a choice. I hope that my colleagues who supported this important civil rights reform will join me in calling for fairness and equality in our immigration laws.”

LOOKING FOR REASONS:-

1. The Repeal of the Defense of Marriage ACT  (DOMA) is currently in both the House and Senate.
2. DOES UAFA stand a better chance of passing than DOMA in this republican majority House of representatives?
3. DOMA’s repeal will enable gays and lesbians – same-sex spouses – to sponsor foreign spouses for green cards so why do we need both bills before an unfriendly house at the same time?
4. Does UAFA derogate from the force and attention of the repeal of DOMA
5. Does UAFA introduction make DOMA more attractive?
6. Are we dividing resources and donor monies?

THE ANSWERS: (fill in the blanks) Senators-
Al Franken, (D-MN)_____________________________________
Patrick Leahy, (D-VT)_____________________________________
Daniel Akaka (D-Hawaii)_________________________________
Richard Blumenthal (D-Conn.)______________________________
Barbara Boxer (D-Calif.)___________________________________
Ben Cardin (D-Md.)_____________________________________
Robert Casey (D-Pa.)_____________________________________
Christopher Coons (D-Del.)________________________________
Richard Durbin (D-Ill._______________________________________
Kirsten Gillibrand (D-N.Y.)___________________________________
Tom Harkin (D-Iowa),_______________________________________
John Kerry (D-Mass.)_______________________________________
Frank Lautenberg (D-N.J.)______________________________________
Jeff Merkley (D-Ore.)__________________________________________
Patty Murray (D-Wash.)_______________________________________
Chuck Schumer (D-N.Y.)______________________________________
Sheldon Whitehouse (D-R.I.)____________________________________
Ron Wyden (D-Ore.) _________________________________________

While I am grateful for the support of any and all LGBT legislation – do not get me wrong – I still want to know why!

THE REAL  QUESTION ?
1. is this ultimately about the Comprehensive Immigration Reform Bill and the attachment of UAFA thereto?
2.Who is playing who?

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

HELP! Wednesday 20th of April, President Obama will be in San Francisco for a Fundraiser for his Presidential Campaign. This is an important visit and we on the street will make our priorities and concerns known.  Gays and lesbians cannot sponsor their foreign born spouses causing untold hardship. It is time to end the suffering!

This is going to be a big event and we want you there San Francisco; join Melanie Nathan, Michelle Meow, Swirl Radio, Molly McKay of MEUSA, Amos Lim, Kathy Drasky, Out4Immigration and their amazing grass roots teams for an imperative – essential- critical Protest.  It is time for all LGBT people and our entire community to come out and speak up for our same-sex married couples who cannot sponsor the foreign partner for a green card.

This is a Protest to repeal DOMA, Pass UAFA, and to scream for immediate Visa relief – including the stopping of deportations of our married spouses.

OUT4Immigration, GetEQUAL and MEUSA are now on board as cosponsors of the event.

The Facebook event is located here https://www.facebook.com/event.php?eid=114167805332846.

The event is on April 20^th from 4 to 6 PM at the Masonic Center in San Francisco located at 1111 California Street between Jones and Taylor.

I look forward to seeing all of you at the Masonic Center on Wednesday and let’s try to give this as much attention as we can.

Anonymous Binational foreign partner:  “It is time Please come and tell President Obama that we expect swift action.  We have too many couples suffering. Our friends are leaving for exile this month, – our kids wanna come home…- we are the most horrifically impacted by the Defense of marriage Act- no one knows how desperate we are. It is so sad for me to see my American partner in so much pain because she does not have the same right to sponsor me, her lawful sppouse, for a green card, like other Americans who are married!”

Every Gay San Franciscan -LGBTQI – and allies – Must Come to this Protest We can tell Obama we love him and we can tell him what he needs to do for us. Please comment in ideas for signs…. – PLEASE be there.  !!! SPREAD THE WORD…..

If you are a binational couple wear a mask or cover your face to show who you are… if you are an ally wear a mask or cover your face to show you support same-sex green  cards

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

“We have never been so close to victory, and our expert advice and analysis has never been more needed. Our legal team is fielding 20 times as many calls and emails as usual, from families who want to know: Are we finally safe? We wish that the answer were yes, because we know that every day of separation or uncertainty is too long to wait to move forward with your lives.” (Rachel Tiven 3/30/2011)

I would like to do a montage of e-mails, blogs, webposts, conference calls where these words have been used by Rachel Tiven, and the other staff   over and over again -  how many years the same – ImmigrationEquality.org is singing the same tune – but now their relevance is at stake.

Again the mantra re-delivered   – and what an outright irresponsible lie it is – yet again!

Immigration Equality Organization will hold one of its Controlled Conference Calls this Tuesday, April 05, to push an Agenda for its continued  relevance as an advocacy group on Capitol Hill.

But  for the introduction of  repeal legislation for the Defense of marriage Act (DOMA) and the Stop the Deportations Project, we are no closer to Victory than we were on June 04, 2009, the day after Shirley Tan testified on UAFA in the Senate Judiciary Committee – when Immigration Equality decided to let go of pushing for UAFA as a stand alone Bill – in favor of the comprehensive Immigration reform – notwithstanding UAFA’s extraordinarily high number of sponsors during a time when we had a majority via the Democratic  Congress, Senate and Presidency, that could have provided the traction if pushed at the time.  Their strategy failed and as predicted killed UAFA!  Now they are asking victims to continue their support of an irrelevant and failed mission.

If Ms. Tiven did not have me blocked from comment I would ask: ” How are ” we” closer to Victory than ever -  when now the Republicans rule the venue and the menu and UAFA needs to be reintroduced?   Further – if we are  closer how relevant is UAFA to that “closer to victory call when the impetus is on the Repeal of DOMA, via pending Legislation and the Courts?

Yes, indeed, we may win our rights to immigration equality via the repeal of DOMA and via the Courts – but that has nothing to do with Immigrationequality.org’s work on UAFA; past present or future!

Immigration Equality’s Julie Kruse once told me “I am in it for the win!”  Yes they really want to win and winning will not be accomplished for Immigration Equality unless they throw UAFA into the mix and claim ownership to it. They will not win if DOMA is repealed – we will –   – unless they add UAFA to the mix now, under the guise perhaps of an “in case of” strategy.

What you are NOT being told is that the repeal of DOMA does not need UAFA for Immigration rights to confer on same-sex spouses.

So is the perception of victory the only reason  Immigration Equality is pushing so hard now for your support of UAFA’s reintroduction – while the repeal of DOMA is already on the table for this Republican non/un- supportive of gay issues Congress?

Nope, there is another compelling reason and that is pure relevance for their ACTION FUND, so recently established and providing the revenue stream for added staff and actions to maintain their DC relevance:-

“Immigration Equality Action Fund advocates on Capitol Hill for equality for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families. To end discrimination in U.S. immigration law, Immigration Equality Action Fund works to pass the Uniting American Families Act and LGBT-inclusive Comprehensive Immigration Reform. The Action Fund lobbies legislators and other policy makers, builds coalitions, and empowers LGBT immigrant families around the country to fight for change.”

Without pushing for UAFA – the Action Fund will see its demise; because its very existence depends on it.  Unless IE will continue its course without the power to lobby as this is what the Action Fund was designed to mission.    While DOMA is pending repeal, unless UAFA is reintroduced, IE loses its lobby arm for LGBT families.   It also loses its relevance to lobby for Immigration Reform per se.

So again Immigrationequality.org is asking you to trust in their strategy for your rights – while in truth it’s the DOMA lobby that may be closer to victory and Immigration Equality, has by virtue of its own bad policy, rendered itself irrelevant as an LGBT lobby for our same-sex green card  immigration rights!

NOTE: It is still very important for same-sex binational couples to stand up and tell their stories and to support the REPEAL of DOMA as that is the one battle we can all fight in unison. UAFA had its time – and that was when Repeal of DOMA was not an option.  But now it is and we should all unite with all our might behind it.  Binational couples should tell their stories to Congress and their reps non stop so they can see how DOMA impacts us a a group worthy of full civil rights.  The Courts are on our side….  The days of piecemeal and fragmented legislation are dimming and we must unite to  fight for full civil rights.

* UAFA -   he Uniting American Families Act (UAFA, H.R. 1024, S. 424) is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination in the immigration laws by permitting permanent partners of United States citizens and lawful permanent residents to obtain lawful permanent resident status in the same manner as spouses of citizens and lawful permanent residents and to penalize immigration fraud in connection with permanent partnerships.^[1][2]
*DOMA -  The Defense of Marriage Act (Pub.L. 104-199, 110 Stat. 2419, enacted September 21, 1996, 1 U.S.C. § 7 and 28 U.S.C. § 1738C) is a United States federal law signed into law by President Bill Clinton on September 21, 1996 whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, also known as DOMA, no state (or other political subdivision within the United States) may be required to recognize as a marriage a same-sex relationship considered a marriage in another state. The law passed both houses of Congress by large majorities.

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

Suspect Tiven and Congressman Nadler -Think IE had some Lobby going here?

So Guess who is asking for more support for the same thing they screwed bi-nationals over and  over again previously?  Yes, It is Immigration Equality. They need your grassroots effort and/or money so you can get screwed yet again  – so they can mess with  our UAFA again and again and again – The question is this time do they plan on advocating for it or advocating for Comprehensive Immigration Reform, the past modus operandi; the latter previously touted as the only way to achieve these rights.   But it did not work and now what crazy path will they explore with your hearts risking your soul mates?  Do they plan on placing UAFA and Binationals, same-sex green cards ahead of the DREAM ACT this time – because the latter may happen to include some gays and lesbians?

Julie Kruse, Policy Director has put out a call for you to tell your stories and to support UAFA!   Time warp 2009! Julie what have we been doing for ten years?

Buyer beware- what is wrong with this picture?

Kruse”s letter states “In just a few weeks, Senator Patrick Leahy (D-VT) and Congressman Jerrold Nadler (D-NY) will reintroduce the Uniting American Families Act (UAFA) — a critically important bill that would provide much-needed relief to LGBT families facing separation and exile under our discriminatory immigration laws. Will you help us build the support we need to ensure UAFA’s reintroduction is a success?”

AND WHY I ASK?

She continues ” As you know, UAFA would allow lesbian, gay, bisexual, and transgender (LGBT) Americans to sponsor our foreign-born partners and children for residency in the United States. UAFA’s passage would immediately help all families with foreign-born partners. For families whose relationships aren’t recognized by state or local law – and for families currently living in exile — UAFA offers the only permanent solution for remaining together. ”

I have a feeling this jargon was copied from an email back in 2009 – c heck it OUT!  That said – when I was in DC with Shirley Tan, the lesbian mom saved from deportation under Private Bill #867, by Senator Feinstein two things did not occurred:-

1. Julie Kruse told us not to waste our time telling Republicans in Congress Shirley’s story – BUT now the Republicans have a majority and so should we still keep our stories from them Julie Kruse?

2. I informed Rachel Tiven and Julie Kruse in June 2009, after speaking with the Senator’s senior legislative staffer,  that the only way to get Senator Feinstein to sponsor and push  UAFA would have been for IE to acknowledge that the UAFA does not provide enough defining language demanding a CONTRACTUAL NEXUS between partners; and that mere evidence would not be enough to satisfy the Senator.   Understanding law the way I do the Senator’s requirement made complete sense to me.  But Immigration equality representatives fobbed me off.

a.  UAFA Language must change to  define Permanent Partner as someone who can prove a contractual nexus, via a DP or marriage document from a Jurisdiction or a written contract defining the relationship – beyond mere evidence of joint check accounts and rental agreements.   The impediment to UAFA has always been – not fear of fraud- per se- but rather the lack of provable contractual relationship or connection.  Roomates can share a bill but cannot a contract defining their relationship.

The language can and must work around this.  Immigration Equality basically told me I was wasting my time because and I quote “Senator Feinstein does not care about the  LGBT community.”  That was a horrible myth perpetuated by another organization which I care not to name as well as by Immigration equality.

b.  Senator Feinstein absolutely cares about gays  (LGBTI) and when I repeated that comment to a staffer in the Senators office two years ago, I was told it would break the Senator’s heart because she did care so much.  I believed that Senator Feinstein does care and did then and I deplore the fact that Immigration Equality failed to truly engage her office to provide the legislative solution for her sponsorship.

So much energy spent on fighting for so called immigration reform when all we wanted is equality.

c. Senator Feinstein is correct to go full out for the Repeal of DOMA at this point.  To split our advocacy once a repeal is on the table for DOMA is pure waste of of unity and advocacy time.    At this point IE should be asking for special visas and Private Bills to prevent deportations of a class to be named – pending the repeal of DOMA.   Instead they are trying to roll back the clock and hedge UAFA’s enactment  against DOMA’s repeal.

Yes Tell your stories and tell your representatives why you want your Federal benefits such as immigration. Tell them your stories.   But how can we do it in the name of UAFA which Immigration Equality may again hi-jack for their own invisible purposes.  Do it in the name of DOMA repeal.

Kruse  states then in her e-mail bvlast Help us honor those families by ensuring we have a strong coalition of lawmakers supporting UAFA in the new Congress.”  Yes, Julie Kruse, Rachel Tiven and Steve Ralls – et al – how are you going to regenerate support for UAFA in a Republican Congress when you failed in a Democratic one and took all binationals for the biggest ride of their life…. down CIR road to nowhere.   Do you plan on touting UAFA and switching to Comprehensive immigration Reform YET AGAIN?

How many times you take our community for suckers.

The Letter goes on to say: – “Ask your lawmaker to cosponsor UAFA, and add your personal story to your letter. Your story is the best, and most powerful, way to let Congress know how critical passage of UAFA is for our families.”

In case you were unaware OUT4IMMIGRATION has been doing just that since long before you let go of your grassroots respect and telling actual stories for UAFA.  But now its time to tell them our stories for the repeal of DOMA which will give same-sex spouses the same rights as gay spouses.

“We finished the last Congress with record support for UAFA.”   say Kruse with ultimate chutzpah – then why did you bandwagon and scurry after Immigration Reform and failed alliances?

“Help us begin this Congress by setting a new record again. With your help, we can take action to ensure LGBT families won’t be torn apart by unfair immigration laws.”    Does that sound familiar – like a pre immigration reform rewind?  A most disingenuous statement – do not expect support – we the grassroots are better off without your strategy mess ups and your inability to take responsibility – what you need to do is to be transparent.   This letter is another example of such lack of transparency , ignorance and the presumption that we are all a bunch of idiots.

UNLESS Immigration Equality shows the truth – and  tells same-sex couples what their FULL strategy and plan is – they have no place asking for Bi-national f support because same-sex couples who have been waiting for years and who you turn away when in need, do not trust Immigration Equality any longer.

What is Immigration Equality’s plan in the broad scheme of things? How is it addressing the repeal of the Defense of marriage Act  DOMA now that has strong support and has been introduced already – is UAFA a bey hedged against the repeal of DOMA and if it is what guarantee do we have that Immigration equality will not hijack the legislation yet again?

Will Immigration equality  chase the DREAM again or work for UAFA fully – or  CHASE comprehensive immigration reform with our UAFA stories and pleas for help.

Julie Kruse , If we want UAFA will you offer CIR  – again?    No one should follow this group without a fully transparent plan of intent and one that they honor.  No one should follow this group until they provide a financial disclosure of how money was spent over the past few years and how they plan to budget and allocate resources at this time.

Immigration equality-  the big glaring lie – is the offer that UAFA will provide a quick remedy. No it will not. It is simply not possible.   The only quick remedy will be a executive order by the President or some creative form of  Sunset Special Binat -VISA or Protocol to provide for the immediate relief suffered by our binational / same-sex couples – limited to those who are married – because marriage is now a relatively easy option, according to State and Foreign Laws.

Grassroots I ask you – are you going to allow your selves to be used again – like lambs to the slaughter ?

-o-o-o-o-o-o-o-o-o-o-o-o-

NOTE:-  An Aside: Who can depend on IE: If you have stories to tell please e-mail me – at nathan@privatecourts.com:

I recently sent an asylum seeker to Immigration equality who is within the small window of opportunity with a winning Asylum case.  They were excited to receive the case, my source informs me.   I then went to South Africa for a month and just arrived back – only to hear that the young person who is in great physical danger if returned home, is still waiting for a post interview call back.  She is panic stricken and under time constraints for filing.  It is a simple case to file and all they need is to find her an attorney to fill out the forms.

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By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

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For quite some time I have been writing about creative alternatives – I would like to see the organizations getting your money doing some of the creative out od the box work!!!!

Here is the Body of my Past work on this subject

http://lezgetreal.com/page/2/?s=Binational

http://lezgetreal.com/2010/12/same-sex-green-cards-the-case-for-a-presidential-executive-order-2011/

REPEAT  -  I WROTE THIS BACK IN DECEMBER,……   WRITTEN BEFORE INTRODUCTION OF REPEAL OF DOMA

Melanie Nathan, Dec 30, 2010. At the federal level of government in the United States, laws are made almost exclusively by legislation. Legislation originates as an Act of Congress passed by the Congress of the United States; such acts were either signed into law by the President or passed by Congress after a presidential veto.

Legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.

When it comes to immigration matters, the standing law is that covered by the Immigration and Naturalization Act of the USA.  This law cannot be changed, without the involvement of Congress through an amendment process.  However I believe that when it comes to the regulations to effect the intent behind the law or something that unexpectedly and detrimentally impacts the law, the President of the USA can provide an executive order to adjust the circumstances, so impacted.

I do not believe that it was ever the intention of the Defense of Marriage Act to deny the de facto relationships of same-sex couples. I believe President Clinton who signed it into law would attest that it was never his intention to cause American citizens and Residents in same-sex relationships to have to exile the USA to pursue their Constitutional right to happiness. However Americans in the USA, in same sex relationships are denied the possibility to sponsor a partner for a green card.

Accordingly I believe that President Obama has the power to effect an Executive Order on behalf of same-sex couples who are specifically excluded by DOMA, from participating in the US Immigration laws.   This  quest would specifically denote a right by way of process to an American (citizen or resident) and not a right to an immigrant; the right of the American to Petition for a same-sex partner to reside in the USA, that is currently excluded via laws that simply fail to include the de facto situation, thereby causing extreme  hardship to American Families.

I do not believe the Immigration law needs to change for this to happen in the short term; I do not believe that this reflects in any way shape or form on the marriage equality debate.  It does not seek to change DOMA and nor does it impact the Immigration Act as we know it, at all.

There have been many early executive orders during all Presidencies;  the State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln’s Executive Order Establishing a Provisional Court in Louisiana issued in 1862. An executive order is an order issued by the President, the head of the executive branch of the federal government, generally to staff of the executive branch and not to the citizens of the country. Article I, Section 1 of the US Constitution specifically reserves all federal legislative authority to Congress, not the president.

However here what would occur would be the President ordering the inclusion of same-sex partners under existing law, based on the de facto existence of relationships, the anomaly caused by State law that endorse such relationships, while the Federal government fails to secure the right of the American to remain at home in a relationship of their choice.

Examples of prior Immigration related executive orders -

• Employment of aliens under Federal contracts: EO 12989
• Grenada; revocation of naturalization exemptions: EO 12913
• Persian Gulf conflict participants; expedited naturalization: EO 12939

The Case for an executive order is easily made:

Urgent Need; Immediate Harm;

Without the passage of a repeal of the Defense of Marriage Act the exclusionary legislation that caused the harm, or the passage of the Uniting American Families Act, (UAFA) the pending Legislation – which would fix the problem, there is little else that can happen to right this immeasurable harm in the near future.

Same-sex couples have been watching the introduction of legislation come and go for the best part of 15 years to no avail

Americans are living in exile to be with partners – separated from extended families, children etc.  Some are getting ready to leave the USA as I write this; some partners have not seen each other in years- partners are deported, living  jobless in hiding; the expense to maintain an international relationship is prohibitive and I can go on….

The Dream Act failed – Do you think Republicans will give a damn about gay and lesbian couples?

Now that DADT is repealed Military also need to a mechanism to bring home foreign born partners after serving abroad.

Now I have never written an Executive Order or anything similar before and so please do not take this as my expectation of what one would really look like or entail. In fact I may even be coming at it from the wrong angle – there may be a more direct way to do it than to Order a Special Board charged with a duty as I have done below.   I thought of doig it that way so that the ORDER would not be a blanket order, but would have built in measure for responsible actions, where evidence and contractual nexus helm the process.

EXECUTIVE ORDER

PREAMBLE:- Same Sex couples are a de facto part of American Society. The Defense of Marriage Act. specifically excludes Same-Sex partners from being included under the Immigration & Naturalization Act of 1952.

Some de facto same-sex relationships impacted by the Law include children who suffer hardship if parents are forced to separate or leave the United States;

No US citizen should be forced into exile or to leave their homes, careers and countries to be able to pursue a relationship with a same-sex partner;

The intention of the Defense of Marriage Act was define marriage as between a man and a woman only. In No way does this order derogate from that concept nor does it attempt to re-define marriage;

Predicated on the fact that DOMA was never intended to divide unmarried couples (who did not have the legal option to marry in accordance with the Federal definition established by DOMA)  and families or prevent them from living together.

It remains the policy of this Administration to enforce the immigration laws to the fullest extent, for all cases that do not conform to this Order;  including the detection and deportation of undocumented aliens.

IT IS ORDERED:-

I. Establishment of Emergency Board, to be led by personnel appointed by the President of the USA and office of the Department of Homeland Security for the purposes outlined as follows:-

I. Investigating the separation of same-sex partners whose relationships are excluded from immigration rights and privileges under the Immigration and Nationality Act of  1952 as amended ; with the specific purpose of providing remedies and urgent relief to specific couples and through general regulations and remedies for couples at large:-

a. To establish a Special Visa Program (similar to Fiancé Visa/ R1 Visa) to facilitate the reunification of same-sex partners in relationships where a contractual nexus can be proved within six months of entry by foreign partner into USA; and to to provide a path to citizenship upon conditions to be determined.

b. To provide a mechanism for the adjustment of Status for same-sex foreign partners who are currently in the USA undocumented, whose Visa has expired, who enter into same-sex relationships while in the USA, including those in Asylum or deportation proceedings, or under ten year re-entry ban, where other is a US Citizen or Legal US Resident, who can prove a contractual nexus;

c. To define contractual nexus (I have prepared my own)

d. To define and detail evidence required to prove contractual nexus:- (I have prepared a list)

II. Circumstances to Investigate:

• circumstances of American citizens forced leave the USA to be in relationship
• and live with a foreign born partner, where there is proof of contractual nexus;
• to review immigration cases of foreign same-sex partner, where other is a US
  Citizen or  legal US Resident,  who can prove a contractual nexus;
• to review deportation cases involving foreign same-sex partner, where other is a
  US Citizen or Legal US Resident,  who can prove a contractual nexus;
• to review asylum cases foreign same-sex partner, where other is a US Citizen and
  Resident,  who can prove a contractual nexus;
• to review Visa Applications

III Moratorium:

Immediate moratorium on all deportations involving foreign same-sex partner, where other is a US Citizen or Legal US Resident, who can prove a contractual nexus;  to include a retroactive waiver of 10 year ban on re-entry to USA.

The Power shall be vested in the Board and All Regulations stemming therefrom shall be subject to the oversight of a duly appointed Staffer and ratification by the President of the USA.

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CONCLUSION:

Maybe this is a pipe dream and I have written about this over a year ago – I hope to join with other advocates in the New Year to push for a creative remedy for the unconscionable and reprehensible inequity to same-sex couples and their families, immediate and extended.  This international community cannot wait any longer – not even for what it will take to repeal DOMA, Enact UAFA.  This is not an immigration reform issue – it is an immigration equality – as in parity- issue. Hence the bi-national same sex community which advocates, waits and prays for remedies should not be expected to wait any longer while an anti-immigrant weighted Congress plodders along with Comprehensive Immigration Reform.

A note from J. Bachelor  3/31/2011 : I had passed this on to others in the past, but the person to target is Obama and here is why:

A new strategy for helping out immigrants is outlined in a U.S. Citizenship and Immigration Services (USCIS) memo from last year. In that memo, staff members for USCIS catalogued the various options that are open to the President.

“USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear (NTA), and adopting significant process improvements,” the memo reads.

The text of the memo asserts that USCIS’s discretionary power to use deferred action is unlimited. In order to suppress opposition to the flexing of this muscle, the USCIS staffers who wrote the memo suggest that deferred action be used to exempt “particular groups” from being subject to removal proceedings. In this memo, they explicitly admit that “deferred action” — or using prosecutorial discretion not to deport someone — would be “a non-legislative version of ‘amnesty.’”

Fox News notes that deferred action is a “suspension of deportation hearings for illegal aliens. With “deferred action,” illegals are allowed to apply for employment authorization cards,” (http://nation.foxnews.com/amnesty/2010/06/23/obama-granting-amnesty-executive-order).

The President has the power to sign an executive order to exempt “particular groups”, such as gay binational couples who are married, from being deported. This would not make them legal, but would allow them to remain in the country with their significant others.
- http://www2.nationalreview.com/memo_UCIS_072910.html

Melanie Nathan, February 24-2011

In September 2009, Congressman Jerrold Nadler (D-NY),  together with Congresswoman Tammy Baldwin (D-WI) and Congressman Jared Polis (D-CO), along with Congressman John Conyers (D-MI), Congressman John Lewis (D-GA), Congresswoman Nydia Velazquez (D-NY) and Congresswoman Barbara Lee (D-CA),  introduced the Respect for Marriage Act in the House of Representatives.

This legislation would have repealed the Defense of Marriage Act (DOMA), the 1996 law which discriminates against lawfully married same-sex couples.

Back in 2009, the Congressman noted that the 13-year-old DOMA  “singles out legally married same-sex couples for discriminatory treatment under federal law, selectively denying them critical federal responsibilities and rights, including programs like social security that are intended to ensure the stability and security of American families.”

At the time many activists were angered by the fact that some key democratic members of the House, sych as Rep. BarenyFrank,  had refused to sign on as a co-sponsor to the repeal legislation. At the time I was informed by a  Rep. Frank senior staffer, that the Congressman would not sign as he believed DADT and ENDA should be the focus and pass first, before DOMA’s repeal would be viable.

Since 2009, we have indeed accomplished the repeal of DADT, but not ENDA; we have a new Congress and now we no longer have a Democratic majority Congress.

Today, after the DOJ announced it will no longer defend DOMA, and after Senator Feinstein announced her commitment to sponsor a Senate repeal Bill,  I asked a spokesperson for Congressman Nadler whether we could expect the reintroduction of the 2009 Respect for Marriage Act, into the House of Representatives; and was happy to hear that it is in the works, and that the Congressman is  building co-sponsors and momentum now.

It is my hope that Rep Barney Frank will jump on board, if he has not done so already; and I also hope that some Republicans, will stand for equality and take the brave step to do the right thing.  The only way I believe this can happen is if the constituents defy traditional Gay Inc Style advocacy of “ignore the ‘enemy’ its a waste of time…” and bombard their representatives with their personal and family stories, imploring them to support the Repeal of DOMA.

The introduction on the Repeal is critical even in not so friendly a Congress, because it does open the hallway of the office buildings in D.C. and in local districts for constituents to show up and tell their Congress members “I have a story – this is my life- these are my kids- this is our plea for equality…” So let the dialogue begin.  You have to all show up because your Representative – whether gay friendly or not, had no idea you are out there until you shout out – “I am here and I am equal.”

The Respect for Marriage Act, as previously introduced, would ensure that valid marriages are respected under federal law, providing couples with much-needed certainty that their lawful marriages will be honored under federal law and that they will have the same access to federal responsibilities and rights as all other married couples.

The Act as it was then introduced- would accomplish this by repealing DOMA in its entirety and by adopting the place-of-celebration rule recommended in the Uniform Marriage and Divorce Act, which embraces the common law principle that marriages that are valid in the state where they were entered into will be recognized.  While this rule governs recognition of marriage for purposes of federal law, marriage recognition under state law would continue to be decided by each state.

The Respect for Marriage Act did not tell any state who can marry or how married couples must be treated for purposes of state law, and would not obligate any person, church, city or state to celebrate or license a marriage of two people of the same sex.  It would merely restore the approach historically taken by states of determining, under principles of comity and Full Faith and Credit, whether to honor a couple’s marriage for purposes of state law.

Nadler noted when introducing the Repeal back in 2009 that “Supporters of DOMA argued in 1996 that the law is necessary to promote family structures that are best for children, but every credible medical, social science and child welfare organization has concluded that same-sex couples are equal parents.  Married gay and lesbian couples pay taxes, serve their communities and raise children like other couples.  Their contributions and needs are no different from those of their neighbors.  The Respect for Marriage Act would ensure that couples who assume the serious legal duties of marriage are treated fairly under federal law.”

The 2009 introduction statement further pointed out “The introduction of the Respect for Marriage Act responds directly to a call from President Obama for Congressional action on the issue.  As the President recently confirmed:  “I stand by my long-standing commitment to work with Congress to repeal the so-called Defense of Marriage Act.  It’s discriminatory, it interferes with States’ rights, and it’s time we overturned it.”

“The full repeal of DOMA is long overdue,” said Rep. Nadler.  “When DOMA was passed in 1996, its full harm may not have been apparent to all Members of Congress because same-sex couples were not yet able to marry.  It was a so-called ‘defense’ against a hypothetical harm.  This made it easy for our opponents to demonize gay and lesbian families.  Now, in 2009, we have tens of thousands of married same-sex couples in this country, living openly, raising families and paying taxes in states that have granted them the right to marry, and it has become abundantly clear that, while the sky has not fallen on the institution of marriage, as DOMA supporters had claimed, DOMA is causing these couples concrete and lasting harm.  Discrimination against committed couples and stable families is terrible federal policy.  But, with a President who is committed to repealing DOMA and a broad, diverse coalition of Americans on our side, we now have a real opportunity to remove from the books this obnoxious and ugly law.”

Back in 2009 -“We must work to promote fairness, tolerance and justice for all Americans, regardless of their sexual orientation,” said Rep. Velazquez.  “The Respect for Marriage Act will help to ensure that the rights provided to married couples are extended across state lines and without prejudice.”   “The so called Defense of Marriage Act is discriminatory and unfair and denies fundamental civil liberties to countless families across America,” said Rep. Lee.  “Gay, lesbian and transgendered Americans deserve nothing less that equal protection under the law.”

“It is long past time for DOMA to go.  When DOMA passed in 1996 it was a gratuitous slap in the face.  But now, 13 years later, there are thousands of married same-sex couples who are hurt by this law.  We’ve come a long way in 13 years and the federal government shouldn’t be in the business of deciding that some married couples are worthy of federal respect and others are not.  Married same-sex couples pay federal taxes just like everyone else and have a right to the same important benefits and protections as everyone else,” said Kevin Cathcart, Executive Director at Lambda Legal.

It is indeed time and we must urge our representatives to support Rep. Nadler’s legislation now.  We must urge and push Republicans to note who their constituents are  and do parents of Gays and Lesbians and allies and couples themselves must descend on D.C. and home offices – make an appointment to see your Representative and tell them that the time is NOW!!

With that, I would like to thank Rep. Nadler for his unwavering support of Equality via UAFA  (green cards for same-sex couples) and Repeal of DOMA (marriage for same-sex couples.)

I would also like to restart the discussion about the impetus of the introduction of DOMA Repeal Legislation as a basis to thwart deportation of same-sex foreign partners who are married to USA Citizens or residents, via a moratorium.  It is simply unconscionable to deport spouses of Americans or expect the exile of an American married to a same-gender foreign spouse – while the Obama administration in essence now stands against DOMA’s defense, thereby noting its unconstitutionality.

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda

Related articles

• The Impact of the DOJ DOMA Decision on the Prop 8 Trial (lezgetreal.com)
• Statement of Congresswoman Tammy Baldwin on DOJ Not Defending the Defense of Marriage Act (lezgetreal.com)
• Edie Windsor, Litigant in DOMA Case Sees Promise in Obama Administration’s Decision (lezgetreal.com)
• Senator GILLIBRAND The Time for Congress to Repeal DOMA is Now (lezgetreal.com)
• DOJ Halts Defending DOMA (lezgetreal.com)

Melanie Nathan- Jan 21-2011 – CA REP. CEDILLO INTRODUCES CALIFORNIA DREAM ACT  WITH COALITION OF BUSINESS, EDUCATION AND LABOR LEADERS

The proposed law would grant qualifying undocumented college students access to financial aid from the University of California, California State University and Community Colleges. Assemblymember Gilbert Cedillo (D-Los Angeles), will be introducing the California DREAM Act in the California State Assembly.

The California DREAM Act, first introduced by Cedillo in 2006, will be introduced in two bills.  The first bill would allow students that meet the in-state tuition requirements to apply for and receive specified financial aid administered by California’s public colleges and universities.  The types of aid these students would be eligible for include: Board of Governors (BOG) Fee Waiver and Institutional Student Aid:  Student aid program administered by the attending college or university (i.e. State University Grant, UC Grant).  The second bill would allow students that meet the in-state tuition requirements to apply for and receive Cal Grants by California’s public colleges and universities.

Given this level of creativity in the California Legislature – perhaps LGBT groups and pro-LGBT legislators would be willing to keep an eye on how this idea could be used  for legislation to help gays and lesbians in bi-national same-sex relationships, who are subjected to exorbitant student fees if one has International student status; whereas if the federal law did not discriminate against same-sex marriages, they would not have such high fees.

The law in California prescribes that gays and lesbian couples must be treated equally under CA law if married legally (during prop 8 window of opportunity) and also if married in a jurisdiction outside of California at any time.  But that is State specific to California.  The same-sex couples in California who are involved in binational relationships – with a foreign partner who happens to be in the USA on a student visa, would be better off if their partners were admitted into the USA pursuant to a green card petition.  However same-sex partners are denied this right under the Immigration law because DOMA designates that on a Federal level marriage can only be between a man and a woman.  Heterosexual married couples in California do not need to have student visas to study in the USA; clearly they are best served by green cards and can convert from student visas if that is how they first enter the Country.  The  benefit of the green card gives the foreigner residency status for all financially beneficial purposes under the State law.

The Cedillo CA Dream Act – would include qualified  “undocumented” students who come out of a US high school, and are here in the USA through no fault of their own (so to speak.)   However when a foreign partner or spouse from a same-sex relationship arrives in the USA on an international student visa (often the only means to enter the country) such foreigner is not undocumented and will not qualify for student financial benefits, even if married to a US citizen, not under this new proposed CA DREAM ACT nor any existing law.

If this law is  approved, California would be the third state to offer financial aid to undocumented students after Texas and New Mexico. [ha - the Texas you righties love to drool over - Z.] Gay rights are not covered  under the proposed legislation as it stands and advocates should be lobbying for parity, for same-sex equality, when it comes to paying tuition fees in the State of California.

WHAT: Assembly member Gilbert Cedillo announces the introduction of the California Dream Act with a coalition of business, education and labor leaders including Kelly Candaele, Los Angeles Community College Board of Trustees, Javier Nuñez, President, Executive Board, Laborers International Union, Local 300, Kent Wong, Director, UCLA Labor Center, National Council of La Raza, Nancy Ramirez, Western Regional Counsel, MALDEF, Angelica Salas, Executive Director, CHIRLA, LA Dream Team and NAKASEC (National Korean American Service & Education Consortium), Korean Resource Center, Marvin Andrade, Executive Director, CARECEN, Evan Bacalao, Sr. Director of Civic Engagement, NALEO and David Huerta, Regional Vice President, SEIU United Service Workers West.

by Melanie Nathan
nathan@privatecourts.com

Related articles

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Here is my family story which is on The Give A Damn Site

During January of 2002, I went into an online chat room for the first time ever and developed a friendship with a woman from Israel. Coincidentally she was soon to arrive in the USA to study at a University in Texas. I invited her to stop in California, en route, so we could meet and soon I realized that this was the person with whom I wanted to spend the rest of my life.

Our relationship flourished while Dor was studying in Texas and soon she transferred to a college near my home in Marin County; and so we moved in together and married as soon as it was legal for us to do so. At the time, my daughter, HC, from my previous relationship was five years of age. Dor and HC developed a close relationship and they could not have loved each other more.

We were able to change Dor’s student Visa to a very limited R1 Visa. Notwithstanding the fact that California recognized our domestic partnership and subsequent marriage, I, the US citizen, could not sponsor Dor in the same way as a different gender couple could.

Dorit taught Jewish religious studies, Hebrew and Bible at a local congregation, and was qualified for the Religious worker’s Visa. We were luckier than many others in the same-sex bi-national community because we had found a way, albeit expensive and fraught with difficulties.

With Dor, the last in her family of Holocaust survivors, and biological clock ticking, we decided to extend our family and to inseminate so that Dor would carry a baby for us. The birth of Refael was one of the most exhilarating moments in our lives, with HC, the big sister ecstatic at the arrival of her new baby sister.

Our lives continued; and we were a tight family, notwithstanding our constant fear that we would have to part ways if Dor’s Visa did not lead to her intended immigration within the time constraints of the R1 termination date. We went through this process a few times over a four year period and it drained us, financially and emotionally.

During this time, Dor nursed me through breast cancer – imagine having to leave my medical care, my home, my extended family and one of my daughters or choosing to separate from my beloved because of my inability to sponsor her to remain in the US.

When the R1 sunset date was upon us; and again we advocated crazily for the renewal by Congress of the R1 Visa process. With mere days and then hours to the termination of the very law we had relied on for so long, and Dor’s process hanging severely in the balance, Congress did extend the Visa, setting yet another sunset date for March 06, 2009.

Dor’s lawyer informed us that our chances of success were remote as the timing was still not in our favor, as well as other aspects of the statute and rules that were so onerous and arbitrary on the part of DHS. We were given low odds and another huge legal bill and a decision to make – should we continue on this Visa path? The choices were dim; in fact there were no feasible choices. I could not face the Sophie’s choice that had been haunting me for so many years.

How could I leave my then 11 year old (due to shared custody agreement with my ex) and go with Dor and the baby to Israel? How could I say goodbye to the love of my life-my spouse, and my then three year old Refael. What if I got really sick again, how could I split the sisters?

I went to see my member of Congress and there was nothing that could be done for our situation. As an American citizen and with both children American citizens there was no law to prevent the high probability of Dor having to leave the USA. I had also determined that I would never prevent Dor from taking our baby with her; the attachment and bond between them would be forcibly broken and my baby would suffer irreparable harm. There were no choices, only extreme denial.

So we paid and prayed… and then before the final impending sunset date, DHS showed up at Dor’s work, the Congregation, with three official investigators to check that her basis for her Visa to immigrate was legitimate; and of course it was. They approved her application and we were able to submit the finalizing petition.

With 7 days to the final sunset of the R1 process, we received a letter stating that the R1 Visa Law was going to sunset and this time there would be no renewal by Congress. This would not give enough time to process the final piece of Dor’s approved application. Again, I spun into denial determined to fight and not willing to think of my ‘Sophie’s choice.’ There was no plan B.

It was then that I went to Senator Feinstein for help and with mere hours to the sunset of the law, Dor’s file was given a priority position and viewed just before the 11th hour. Dor was approved and received her green card about two weeks later. This four year hell cost us a great deal, emotionally stressful and financially debilitating.

I calculated how much more it had cost us compared to that of a straight couple who could simply petition because of their recognized marriage. I took into account legal fees, non-resident student fees, work limitation losses and Visa fees and renewals: A whopping total of $71,600 for us (over a six year period) compared to $1,500 for a straight couple over a six month period.

It was the spread of our good news that led to my introduction to Shirley Tan and Jay Mercado and my advocacy for them and other bi-nationals. This is a cause that is barely known to most of America and in fact, when we mentioned our plight to gay and straight people alike, many were clueless to this reprehensible aspect of our lack of Federal rights.

I hope that Give a Damn will draw attention to us and the 100,000 more in this invidious situation. Please come out in support of UAFA – The Uniting American Families Act. We should not have to make such choices in the short time we have in this life…

Melanie

Gay and lesbian same-sex coupled Americans in binational relationships are forced to exile the USA – their partners are forced to hide, lie – or they are forced to live across continents, separate from each other. Read more stories at… The Give A Damn Site –

by Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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Melanie Nathan, Dec 30, 2010. At the federal level of government in the United States, laws are made almost exclusively by legislation. Legislation originates as an Act of Congress passed by the Congress of the United States; such acts were either signed into law by the President or passed by Congress after a presidential veto.

Legislation is not the only source of regulations which have the force of law. There is also judge-made common law and constitutional law. The President can issue executive orders pursuant to a grant of discretion from Congress, or under the inherent powers that office holds to deal with certain matters of foreign policy.

When it comes to immigration matters, the standing law is that covered by the Immigration and Naturalization Act of the USA.  This law cannot be changed, without the involvement of Congress through an amendment process.  However I believe that when it comes to the regulations to effect the intent behind the law or something that unexpectedly and detrimentally impacts the law, the President of the USA can provide an executive order to adjust the circumstances, so impacted.

I do not believe that it was ever the intention of the Defense of Marriage Act to deny the de facto relationships of same-sex couples. I believe President Clinton who signed it into law would attest that it was never his intention to cause American citizens and Residents in same-sex relationships to have to exile the USA to pursue their Constitutional right to happiness. However Americans in the USA, in same sex relationships are denied the possibility to sponsor a partner for a green card.

Accordingly I believe that President Obama has the power to effect an Executive Order on behalf of same-sex couples who are specifically excluded by DOMA, from participating in the US Immigration laws.   This  quest would specifically denote a right by way of process to an American (citizen or resident) and not a right to an immigrant; the right of the American to Petition for a same-sex partner to reside in the USA, that is currently excluded via laws that simply fail to include the de facto situation, thereby causing extreme  hardship to American Families.

I do not believe the Immigration law needs to change for this to happen in the short term; I do not believe that this reflects in any way shape or form on the marriage equality debate.  It does not seek to change DOMA and nor does it impact the Immigration Act as we know it, at all.

There have been many early executive orders during all Presidencies;  the State Department began numbering executive orders in the early 20th century, starting retroactively from President Abraham Lincoln‘s Executive Order Establishing a Provisional Court in Louisiana issued in 1862. An executive order is an order issued by the President, the head of the executive branch of the federal government, generally to staff of the executive branch and not to the citizens of the country. Article I, Section 1 of the US Constitution specifically reserves all federal legislative authority to Congress, not the president.

However here what would occur would be the President ordering the inclusion of same-sex partners under existing law, based on the de facto existence of relationships, the anomaly caused by State law that endorse such relationships, while the Federal government fails to secure the right of the American to remain at home in a relationship of their choice.

Examples of prior Immigration related executive orders -

• Employment of aliens under Federal contracts: EO 12989
• Grenada; revocation of naturalization exemptions: EO 12913
• Persian Gulf conflict participants; expedited naturalization: EO 12939

The Case for an executive order is easily made:

Urgent Need; Immediate Harm;

Without the passage of a repeal of the Defense of Marriage Act the exclusionary legislation that caused the harm, or the passage of the Uniting American Families Act, (UAFA) the pending Legislation – which would fix the problem, there is little else that can happen to right this immeasurable harm in the near future.

Same-sex couples have been watching the introduction of legislation come and go for the best part of 15 years to no avail

Americans are living in exile to be with partners – separated from extended families, children etc.  Some are getting ready to leave the USA as I write this; some partners have not seen each other in years- partners are deported, living  jobless in hiding; the expense to maintain an international relationship is prohibitive and I can go on….

The Dream Act failed – Do you think Republicans will give a damn about gay and lesbian couples?

Now that DADT is repealed Military also need to a mechanism to bring home foreign born partners after serving abroad.

Now I have never written an Executive Order or anything similar before and so please do not take this as my expectation of what one would really look like or entail. In fact I may even be coming at it from the wrong angle – there may be a more direct way to do it than to Order a Special Board charged with a duty as I have done below.   I thought of doig it that way so that the ORDER would not be a blanket order, but would have built in measure for responsible actions, where evidence and contractual nexus helm the process.

EXECUTIVE ORDER

PREAMBLE:- Same Sex couples are a de facto part of American Society. The Defense of Marriage Act. specifically excludes Same-Sex partners from being included under the Immigration & Naturalization Act of 1952.

Some de facto same-sex relationships impacted by the Law include children who suffer hardship if parents are forced to separate or leave the United States;

No US citizen should be forced into exile or to leave their homes, careers and countries to be able to pursue a relationship with a same-sex partner;

The intention of the Defense of Marriage Act was define marriage as between a man and a woman only. In No way does this order derogate from that concept nor does it attempt to re-define marriage;

Predicated on the fact that DOMA was never intended to divide unmarried couples (who did not have the legal option to marry in accordance with the Federal definition established by DOMA)  and families or prevent them from living together.

It remains the policy of this Administration to enforce the immigration laws to the fullest extent, for all cases that do not conform to this Order;  including the detection and deportation of undocumented aliens.

IT IS ORDERED:-

I. Establishment of Emergency Board, to be led by personnel appointed by the President of the USA and office of the Department of Homeland Security for the purposes outlined as follows:-

I. Investigating the separation of same-sex partners whose relationships are excluded from immigration rights and privileges under the Immigration and Nationality Act of  1952 as amended ; with the specific purpose of providing remedies and urgent relief to specific couples and through general regulations and remedies for couples at large:-

a. To establish a Special Visa Program (similar to Fiancé Visa/ R1 Visa) to facilitate the reunification of same-sex partners in relationships where a contractual nexus can be proved within six months of entry by foreign partner into USA; and to to provide a path to citizenship upon conditions to be determined.

b. To provide a mechanism for the adjustment of Status for same-sex foreign partners who are currently in the USA undocumented, whose Visa has expired, who enter into same-sex relationships while in the USA, including those in Asylum or deportation proceedings, or under ten year re-entry ban, where other is a US Citizen or Legal US Resident, who can prove a contractual nexus;

c. To define contractual nexus (I have prepared my own)

d. To define and detail evidence required to prove contractual nexus:- (I have prepared a list)

II. Circumstances to Investigate:

• circumstances of American citizens forced leave the USA to be in relationship
• and live with a foreign born partner, where there is proof of contractual nexus;
• to review immigration cases of foreign same-sex partner, where other is a US
  Citizen or  legal US Resident,  who can prove a contractual nexus;
• to review deportation cases involving foreign same-sex partner, where other is a
  US Citizen or Legal US Resident,  who can prove a contractual nexus;
• to review asylum cases foreign same-sex partner, where other is a US Citizen and
  Resident,  who can prove a contractual nexus;
• to review Visa Applications

III Moratorium:

Immediate moratorium on all deportations involving foreign same-sex partner, where other is a US Citizen or Legal US Resident, who can prove a contractual nexus;  to include a retroactive waiver of 10 year ban on re-entry to USA.

The Power shall be vested in the Board and All Regulations stemming therefrom shall be subject to the oversight of a duly appointed Staffer and ratification by the President of the USA.

—————————————————————————————————————-

CONCLUSION:

Maybe this is a pipe dream and I have written about this over a year ago – I hope to join with other advocates in the New Year to push for a creative remedy for the unconscionable and reprehensible inequity to same-sex couples and their families, immediate and extended.  This international community cannot wait any longer – not even for what it will take to repeal DOMA, Enact UAFA.  This is not an immigration reform issue – it is an immigration equality – as in parity- issue. Hence the bi-national same sex community which advocates, waits and prays for remedies should not be expected to wait any longer while an anti-immigrant weighted Congress plodders along with Comprehensive Immigration Reform.

——————————————————————–

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda
@lezgetreal
www.visualcv.com/melnathan

_________________________________________________________________________________

Related articles

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_________________________________________________________________________________________________________

Shirley Tan Giving Evidence at SJC for UAFA 6/03/2009

CIVIL RIGHTS ACT  FINAL ROLL CALL

Melanie Nathan; Dec 23-2010 – The repeal this week of Don’t Ask Don’t Tell has opened the flood gates – its implementation will provide a vivid realm,, yet unseen by mainstream America, of the insidious inequality suffered by gay and lesbian couples who have no rights and privileges under the US Immigration law.

It is a well known fact that service members stationed abroad, return home to the USA with  fiancés, spouse and sometimes children as well. These service members can sponsor spouses for green cards, immediately, via a petition under the Immigration and Naturalization Act.

However, even if serving openly, the same will not and cannot apply for same-sex military personnel and service members who find love abroad.

One of the most onerous aspects of LGBT inequality is the fact that an American citizen or resident in a same-sex relationship has no recourse whatsoever under the immigration laws of the USA.   The Defense of Marriage Act (DOMA,)  in effect, precludes gay and lesbian couples from sponsoring their foreign partners and spouses  for green cards.  DOMA is a Federal Law, and its purpose is to define marriage as being between a man and woman only.  Immigration is covered by the Immigration and Naturalization Act, a Federal Law. Thus same-sex partners are excluded from the Immigration & Naturalization Act.  There is no relief for this discriminatory law.

They will either have to return to the US without spouse/ partner (even if legally married abroad or in a civil union and even if they have had a child together who may be a US citizen abroad,) or they will have to remain in exile, unable to return.

Gay and lesbian Service members who remain enlisted and obligated to the military, will be forcibly separated from spouses.

The only chance of changing this inequity is the stand alone Bill, Uniting American Families Act (UAFA) introduced by Congressman Jerry Nadler into Congress in 2009.    However instead of pursuing this Bill as a stand alone Bill during the 2009/2010 year, its momentum was subdued by an improbably strategy – to include UAFA in Comprehensive Immigration Reform (CIR.)   UAFA, after being snubbed by Rep. Luis Guttierrez in the House version, and a later reversal with promise of inclusion (yet to be done) UAFA was included in the Senate version of CIR.

At this time gay and lesbian Americans, whether in service or civilians are forced to either part ways with spouses or partners, to choose between country and beloved, forced  into exile to be with one’s spouse/ partner or spouses / partners are turned away from US airports, sent home, or held in detention and facing deportations.

The one LGBT organization through self proclaimed domain, charged itself with the strategy and  lobby of UAFA. Instead its resources and time was devoted to supporting the  DREAM  ACT (which failed passage) and wooing Latino groups to support inclusion of UAFA into CIR.   This has failed to get UAFA much more than a burial in CIR.

The greatest mistake was to pursue UAFA as an Immigration Bill, when in fact it is an EQUALITY Bill.  Now it is tied up with asylum for 12 million undocumented foreigners living in the USA, as well as the complicated issues such as biometrics and border control.

The break needed for this invidious situation to change may be this week’s repeal of DADT and its ultimate implementation. Perhaps UAFA can be extracted from its grave and again stand  alone to be vigorously pursued as such.  Notably a few Republicans crossed over to repeal DADT.  When it becomes evident that same-sex military service members have no uniformity with heterosexual service members, service for country may be pitted again, against lack of rights, to yield a compassionate turn toward immigration equality and the passage of UAFA. That would then place the words “permanent partner” next to “spouse” in the Immigration and Nationality Act and same-sex marriage would not be the issue.

Then again President Obama has hinted at a change in his view on gay marriage. Whereas he has expressed favor for civil unions and equality, he acknowledges that the LGBT community sees Civil Unions separate and thus not equal and he is willing to “have the conversation.”

If the Defense of Marriage Act were to be repealed then there is no need for UAFA as same-sex couples would have equal treatment under the federal law. Perhaps then the only chance for immigration equality is indeed marriage equality.  The same argument may be applied as above to UAFA – that when Congress sees the acute inequity through the visual of service in the military, that being the micro – could well impact the macro – and cross over Republicans could make the vote.

However, given what we learned from this lame duck congress, the task is enormous. UAFA or DOMA’s repeal lies in the hands of a bunch of obstructionist bigots. What chance do we stand of getting either through the house until a new election alters the numbers and then we have no idea who will be President.

CIVIL RIGHTS

1. The visible morphing of the Gay movement into a LGBT Civil Rights movement – using every resource available to seize a one note mantra – CIVIL RIGHTS FOR LGBT.   This would require an amendment to the Civil Rights Act of 1964, to include protection for Sexual Orientation and Gender identity.

That would involve grassroots, straight allies, civil disobedience, diplomacy, lobbying, strategies to win allies and tell our stories, introducing our families, creating our own TV channel, winning hearts and minds, encouraging positive media, uniform and universal messaging, the same talking points, focus on the BIG equal as opposed to limiting resources by focusing on piecemeal. I could go on and on…

BINATIONAL HELP URGENT:-

2. But what about now? What about the deportations, the exiles and the separations.   I believe I am the only person to explore and author the idea of a BINAT VISA.   An interim stop gap measure through DHS issuing special visas for same-sex couples with conditions that can be met and that would thwart fraud. It can be done…and I hope you will join me is to pursue it further in the new year.  I have already received a large amount of pledges to help pursue this action, but would need much more to make it a reality.

SO all said and done, DADT is much bigger than people may realize, because it sits at the helm of what is now RIGHT for the Military must translate into EQUAL….for the Military and through that lens we can perceive and attain the larger picture.

How you can help
TO SIGN PETITION

http://immigration.change.org/petitions/view/special_visa_for_binational_lgbt_spouse-perma-partners

TO MAKE A PLEDGE

Melanie Nathan
Nathan@privatecourts.com

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Pledges can be sent to

Private Courts?
Melanie Nathan
PO BOX 1108
Woodacre, CA 94973

The Day of - CALIFORNIA State Resolution in Favor of Passage of UAFA

Melanie Nathan – Dec 17-2010…   In forty nine years from now, I will look back and ask: ‘did they really do that in America in 2010? ‘ I will be perplexed- confused – “did they really exile Americans, in 2010 – send American citizens packing – “Go, leave America – choose between love and country!  And so what about love for country?”

“How could they? How could they have stopped lovers from loving? From beloved being betrothed- betrothed to breathe sweet American Pie-  at home in the ‘land of the free.’ How could they separate soul mates simply because they present sameness of gender?”

It made no sense – but they did? They sure did and they did it in the name  of  justifying oppression, a mantra – signed into law by a Democratic President, one who stood for social Justice.

Who was he pleasing who?

Did they continue to please and I still scream DOMA, DOMA, DOMA!

On Saturday Dec 18-2010- Looking back 49 years  there was a vote in the US Senate ,a vote for a DREAM – for the children of undocumented immigrants- the innocent children who have lost their liberty  to their parent’s desperation.

The DREAM Act passed and the DREAM of immigration and education realized; then they were free and happy.

AND looking back I try to understand why at a time when hardship was being recognized and injustice appropriately dealt  with, why were you Madison, Ken, Gina, Inger, Carla, Lori, Jen, Tim, Michael, Jon, Di,   and all the 100,000 others-

so left out of the DREAM -

with your SCREAM UAFA UAFA  UAFA.

.. when already American citizens you could do nothing, nothing to be with who you love, care for or be cared for by your love, at home in the land of the free !

And worse yet the Senate , the US Congress and themost powerful person in the world, the US President – of the United States of America, seemed not to care less…..

That was then – this is now 49 years later and we are almost 100!

When can we be together with our true love in our true home in the Land of  the Free?

Note: Tomorrow The Dream Act comes to the Senate floor for a vote  but UAFA does not.  UAFA would provide immigration equality to  American citizens and residents who are unable to sponsor their same-sex spouses and permanent partners for green cards.

The US has yet to enact laws that will prevent gay and lesbian couples from having to exile to stay with foreign partners or from partners facing deportation.  The discrimination in the USA is based on the fact that same-sex partners are specifically excluded from Federal rights – such as the right to sponsor a spouse for a green card, because of the Defense of Marriage Act. (DOMA)

Melanie Nathan
in sadness &  solidarity; yet another holiday season
watching friends separated… again… again…

..

____________________________________________________________________________________________________

This Video depicts failed leadership.  LGBT Organizations have failed to fight for UAFA – thinking that Immigration Equality will get the Job done!!   Well where are you and where were you?   If you had we would be sitting with DREAM ACT tomorrow, Saturday Dec 18, 2010.

Yes we should tell our stories; but some of us did and we had a Senate Hearing and we had Julian Bond and Shirley Tan – but we were thrown away – the distraction – If UAFA would have been pursued as vigorously as DREAM ACT as a stand alone instead of as only worthy of inclusion in comprehensive immigration reform – we would have had our million dollar advocacy and lobby groups mobilizing stories to be told to Democrats and Republicans alike.

On June 3rd, 2010 – A member of the staff of  Immigration Equality told me and the TAN family – “Don’t waste your time talking to Republicans. “  Joe of PFLAG – what do you think about that? That was the week Steve Ralls left PFLAG to join  Immigration Equality – it was not Steve who made that suggestion it was someone else.

Melanie Nathan
nathan@privatecourts.com

Dedicated to Granny Meeda,  103,  an immigrant who is living in the USA .

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Melanie Nathan -Dec 14-2010-  The Senate is going to be taking up DREAM ACT any day soon, perhaps any moment. We need to start pressuring our senators to add UAFA as a senate amendment. I’ve already called my Senators Boxer (co-sponsor)  and Feinstein (who is not a co-sponsor.)  Could the Uniting American Families Act – UAFA  be an amendment  that gets tacked on …and approved as an after thought?

WE WILL NEVER KNOW IF WE DO NOT TRY. …. the motto I live by -”you say: impossible – I say: have you tried – you say: no -I say: then not impossible!”

By Melanie Nathan
nathan@privatecourts.com

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• Ireland: Same Sex Partners to be included in Immigration Laws (lezgetreal.com)

DREAM CARDS  AND SAME-SEX GREEN CARDS NOW!

Melanie Nathan; Dec 07, 2010 -    Disappointment turning to Despair : -  WHY DID the President not run DADT,  UAFA and DREAM ACT into the Tax Deal?  The dissing of liberal Democrats, whom we like to call “progressives,” President Obama is opening the door for this wing of the democratic party to found ts own relevant Party.   Looking at the tax deal the President has made, where he was forced into a corner and bowed to Republican inhumanity by agreeing to extend the tax cuts for the rich – in exchange for the extension of unemployment insurance benefits, it seems clear that liberals need as much of a voice as the TEA PARTY has managed to acquire.

Imagine breaking the two party system – in essence -  with the extreme right pulling on the Republicans in unison and then the extreme left pulling effectively on the Democrats.  I believe the climate will change – where cross over will have to occur, through more significant  holdouts from one’s own side.    Seems a revolution is nigh!

The new Frontier in the Civil Rights movement will take a significant portion of the revolution – for  the liberal Dems -  they will get the support of the almost  entire LGBT community because  we want EQUALITY and they stand on the principles of EQUALITY.

Okay just a thought…from a frustrated activist. 

Another thought- WHY in heavens name is Uniting American Families ACT not attached to the DREAM ACT, the latter  which may come up for a Vote tomorrow? Call your Senator NOW and tell them you only Support DREAM ACT if UAFA is attached and if they fail to bring UAFA with it, you will be extremely disappointed. Why have they not fought for Same Sex couples getting green cards with same vehemence as they have the DREAM ACT?

CALL YOUR SENATOR  NOW and ask that They Bring UAFA attached to DREAM ACT tomorrow ….. even though we know it may not be procedurally positioned – do it!

Melanie Nathan
nathan@privatecourts

• CALL TO ACTION “Greencards for LGBT Same Sex Foreign Partners” in Lame Duck NOW! (lezgetreal.com)
• DADT in DANGER and UAFA Possible? (lezgetreal.com)

Melanie Nathan – Dec – 03-2010

He is NOT welcome – if he is not denied a Visa into this Country - then all hell MUST break loose.  Truly – here we are in this the United States of America pleading and begging for our LGBT rights – our same -sex spouses are apart because their foreign partners cannot get VISAS to visit and in some instances that applies to a mere few days -for some deprived of a kiss – a hand hold  – and this piece of human hatred is getting a VISA?

Box Turtle reports : “In addition to campaigning for re-election during the recess, Mr. Bahati plans to travel to the United States next week with a group of MPs to attend the 2010 Winter Conference of the  International Consortium of Governmental Financial Management. The conference will be held in Washington DC from Dec. 6-8.

Parliament is now in recess in preparation for the February Parliamentary elections. Bahati expects the Anti-Homosexuality Bill to be considered during the Parliament’s lame-duck session between the elections and the installation of the next Parliament in May.

ALL HELL Breaking loose – We must make him feel extremely unwelcome if he gets in to this Country. I am not encouraging violence of any kind – I am talking about loud and very noisy protests.   If he is allowed in this Country – I plan to fly from SFO to DC and hope you will all connect with me and join me there.

If anyone wants to donate Mileage to allow for a group of activists  to go please advise….

CALL TO ACTION:
write to Sec Hilary Rodham Clinton
Write to Dep. of Homeland Security

MAKE YOUR VOICES HEARD NOW at this OUTRAGE!

UPDATED
I reported yesterday that Anti-Homosexuality Bill author David Bahati plans to attend a professional conference in Washington DC next week, Dec. 6-8. After that post, Change.org author Michael Jones posted an article and petition targeting the conference organizers – the  International Consortium of Governmental Financial Management.

Then earlier today, this note appeared on the Change.org petition:

THROCKMORTON :- UPDATE:

“According to Doug Hadden, the Vice President of Communications for the International Consortium of Governmental Financial Management, “David Bahati will not be attending this conference.” Bahati, for his part, is still telling folks, including Warren Throckmorton and author Jeff Sharlet, that he is attending. But that does not appear to be the case, according to conference organizers.  I reported yesterday that Anti-Homosexuality Bill author David Bahati plans to attend a professional conference in Washington DC next week, Dec. 6-8. After that post, Change.org author Michael Jones posted an article and petition targeting the conference organizers – the  International Consortium of Governmental Financial Management.

Then earlier today, this note appeared on the Change.org petition:

UPDATE: According to Doug Hadden, the Vice President of Communications for the International Consortium of Governmental Financial Management, “David Bahati will not be attending this conference.” Bahati, for his part, is still telling folks, including Warren Throckmorton and author Jeff Sharlet, that he is attending. But that does not appear to be the case, according to conference organizers.

I talked to Mr. Bahati this morning who assured me that he was planning to attend and that all the arrangements were set. Then, I contacted Doug Hadden who told me, by email, that Mr. Bahati had indeed registered by email, which was an automated process. However, Mr. Hadden added that

Hon. Bahati has not paid and ICGFM will not accept payment from him. The ICGFM Executive Committee has agreed that his attendence is not consistent with the mission of the organization.    Mr. Hadden said that the venue is secure, consequently he will be blocked out.

As noted, I talked to Mr. Bahati this morning who assured me that he was planning to attend and that all the arrangements were set. Then, I contacted Doug Hadden who told me, by email, that Mr. Bahati had indeed registered by email, which was an automated process. However, Mr. Hadden added that

Hon. Bahati has not paid and ICGFM will not accept payment from him. The ICGFM Executive Committee has agreed that his attendence is not consistent with the mission of the organization.”

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Melanie Nathan
nathan@privatecourts.com

CAN someone please start a Petition on change.org and also an FB Page and then place adds for such in the comment section of this article or email me at nathan@privatecourts.com

Sourced from Box Turtle’s Web site and

Warren Throckmorton who broke the news.

Related articles

• Ugandan Newspaper Blocked From Publishing Names, Photos Of Gays As Bahati Promises Kill The Gays Bill Will Pass Soon (lezgetreal.com)
• Robin McGehee Informs White House about Innovative BINAT Visa for Same-Sex Partner Immigration Sponsorship (lezgetreal.com)
• ‘Hang them’: Uganda Tabloid Publishes Photos & Adds of Top 100 Gays (lezgetreal.com)
• ‘Hang them’: Uganda paper publishes photos of gays (miamiherald.typepad.com)

EQCA's Geoff Kors and Activist/Advocate Mel Nathan

MELANIE NATHAN   -San Francisco, CA, December 3, 2010 —Today, Equality California Executive Director Geoff Kors announced that he will step down from his position on March 31, 2011, after nine years with the lesbian, gay, bisexual, and transgender equality organization that he shaped into one of the most effective political advocacy organizations in the country.

Under his leadership, Equality California was able to work with the dedicated pro-equality members of the California Legislature to achieve countless victories, including: helping enact 71 pieces of pro-LGBT legislation, more than any other organization of its kind in the country; helping pass comprehensive domestic partnership legislation for the first time in the nation without a court order; and helping pass marriage equality bills twice that would have allowed same-sex couples to marry.

Kors was also instrumental in successfully fighting to achieve the broadest protections for transgender people in the nation, including laws that prohibit discrimination based on gender identity in employment, housing, and public accommodations, and making California the first state to prohibit discrimination in insurance based on sexual orientation or gender identity.

EQCA is like a well oiled machine – in Sacramento; and I can speak first hand.  The organization effected the passage of the Resolution in support of The Uniting American Families ACT – out of the California  Legislature – which served  as a directive to the US Congress that California stands by the rights of same-sex couples to sponsor partners and spouses for immigration.  While Cities have passed similar Resolutions, while no other State Legislative body have come forth in the same way.   Having given testimony to both  Assembly and Senate Committees – I bore witness to the extraordinary amount of work and dedication on the part of EQCA staff.  That and the professionalism and of course the ultimate successes speak volumes for his leadership.

Equality California experienced significant growth during Kors’ tenure. When Kors joined Equality California in 2002, there were just two staffers without a single office, just 50,000 members and a minimal budget. The organization now has offices across the state and 20 staff members working for equality. Membership has grown to more than 700,000 today, and in 2010, Equality California has raised $6 million so far with more than $1.5 million in net assets.

The boards of Equality California and Equality California Institute have grown to 50 members, including such notable leaders as Dolores Huerta, co-founder of the United Farm Workers of America; Shannon Minter, Legal Director for the National Center for Lesbian Rights; Katherine Spillar, the Executive Vice President of the Feminist Majority Foundation and Feminist Majority and Stuart Milk, longtime LGBT advocate and nephew of Harvey Milk.

“It has been a true honor and privilege to serve as Executive Director of Equality California and to work with California’s lesbian, gay, bisexual and transgender community,” Kors said. “I am incredibly grateful to the elected officials, coalition partners, dedicated staff, board and especially to our members who have done so much to advance equality here in California. I am committed to working with the Board to ensure a smooth transition so that the organization can continue to thrive and achieve our mission.

A statement by NCLR Executive Director Kate Kendell:

“By any objective measure, Geoff is the most accomplished political strategist and legislative advocate in our movement, and he has created a blueprint for other states to follow for how to win equality that will continue to benefit our community for years to come. That is his legacy to the LGBT movement.

He has been ruthless in expecting and requiring from our political representatives a commitment to full equality, including marriage, and he allowed elected officials seeking endorsement from Equality California no wiggle room.  He went farther on this principle than anyone I have ever seen. His insistence on demanding a full commitment enabled us to move much faster than almost any other state, and it earned Equality California enormous respect, from both the community and elected officials who saw that when they stood up for us, Equality California had their back. California made the gains that it has in the past nine years largely due to Geoff’s leadership, hard work, and collaboration with other organizations and elected officials.

It’s hard to imagine anyone filling his shoes. We are going to face some tough fights: schools and curriculum; issues affecting LGBT folks in prison; the gap between the experience of rural and urban LGBT Californians; and the ongoing work of building effective coalitions around race, class, and other social justice issues. Equality California will need another strong, determined, and strategic leader. I trust they will find the right person, but it won’t be easy to find someone who can follow Geoff’s impressive example.”

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Related articles

• News: Geoff Kors, Illinois, Wikileaks, Darren Aronofsky, Snowman (towleroad.com)
• Equality California Congratulates Kamala Harris on Her Victory for Attorney General (yubanet.com)
• And So Begin The Rumors That Equality California Is Shutting Down (queerty.com)

Melanie Nathan 11-22-2010- The Documentary depicting the plight of binational couples tells the story of a couple saying goodbye.  Sadly the real emotion is lost to privacy. But that is perhaps one of many reasons why we see such little  coverage of the issue. Or is it purely due to ineffective leadership;  Rachel Tiven, Executive Director of Immigration Equality offers the answers to the immigration equality plight of same-sex partners in an interview with  Brian Lehrer. Sadly, since Tiven’s debacled interview on the Bill O’Reilly show some years back, she has yet to receive mainstream media interest in the cause which she purports to lead on.  Tiven directs one of the only advocacy organizations which has a budget and mission to represent and lead on LGBT equality immigration issues, having recently acquired advocacy status.    Her success in diminishing the Uniting American Families Act’s (UAFA)  standing as a real possibility during the lame duck session, came when she and her handful of operators decided that UAFA and the binational same-sex couple interests would be best served in the Comprehensive Immigration reform which had yet to include UAFA, (despite promises by Gutierrez)  in the House version of the Bill.

There is a severe contradiction in Tiven’s advocacy which fails to present in the Video – to anyone other than those of us ‘in the know,’ which would include thousand of binational couples who are not duped by her continued support of UAFA in the larger immigration reform Bill.

Rachel Tiven and Immigration Equality continue to deprive LGBT same-sex couples of  fair and equal advocacy. Tiven is saying one thing and doing another; she is suggesting in the Video that Senator Patrick Leahy in trying to bring Immigration Equality to the Lame duck, stands a chance a. of bringing it and b. of passing it, with UAFA in there.  Does that mean she believes that amnesty for 12 million undocumented people, biometric cards, and border control and green cards for gays and lesbians (LGBT) can happen in the next 15 days?

In stark contrast is the recent conference call with donating supporters where Tiven said it is unlikely that we would see passage of Immigration Reform for AT LEAST another year or more.  This coment was confirmed when Out4Immigration’s Kathy Drasky spoke to Julie Kruse of IE (also in video) for clarity.  What makes things even more confusing is that while Tiven and her crew are happy to leave UAFA in the bigger Immigration reform, (CIR) they have lobbied for and requested their supporters to call for DREAM act (a non equality and only Immigration related bill) to be a stand alone in this lame duck session.

Rachel Tiven has yet to be invited to mainstream TV on the issue and she leads the major leading organization for advocacy on the issue.  When she does get on I hope it will be with someone who is well informed enough to get some clear policy out of her because this is how it stands with IE from now -  questions, questions and more questions-AND I am seriously confused….

1. UAFA is not up as a stand alone and if it is why are they not talking about it? Steve Ralls in a recent blog mentioned it should be considered for a stand alon- but their is no consistent message from IE;

2. Immigration Equality is only  advocating for UAFA as a bill that can pass if included in CIR only- while DREAM  ACT is  being pushed as a stand alone – why? Who got us here should un-get us there?

3. If IE is asking that DREAM ACT be a stand alone- why has it failed to insist on UAFA in the same way as it has for DREAM

4. Does Tiven, and the Immigration equality Crew honestly believe that UAFA can pass in CIR this lame duck session? If not then why have they failed to take UAFA on its own much needed journey?

5. Why did Tiven tell us CIR is impossible and then imply its the only hope for binationals during this lame duck session.

6. Is Tivn effective – is her strategy working  or should she resign and hand this over to someone who is willing to fight for our binational interests not sell out in the name of friendship with the greater immigration community. Maybe the advocacy for binationals should be severed form IE’s mission, so that other groups can take over the mess.

7. My final question is where are all the other organizations on this?

Watch the Video and see if you think Tiven has any fight in her. Personally I think she is a waste of our time and dollars. So I am holding her to CIR and Lamed Duck and if that does not happen, then RACHEL TIVEN you really should resign or turn your organization into an asylum only organization and give every single bi-national who donated money to IE their money back so they can buy plane tickets to visit their beloved partners stuck abroad for the holidays.

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WATCH THE VIDEO HERE

S07E10b from Brian Lehrer Live on Vimeo.

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S07E10b from Brian Lehrer Live on Vimeo.

Melanie Nathan
commissionermnathan@gmail.com
www.privatecourts.com

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Melanie Nathan – November 21-2010

President Obama today spoke about DREAM act and his desire that it be enacted before the new Congress is seated – BUT what about parity and equality for Americans who cannot sponsor spouses for green cards. Maybe if the Media had spent more time on really important matters UAFA would be in his purview! Not to mention the fact that our self proclaimed-gimme-your-dollars  LGBT immigration equality leadership has failed to map us on this atlas at all!

Sarah Palin has been the greatest embarrassment this country has suffered since the day she opened her mouth in the national forum – given that opportunity by the very tenuous and senile John McCain.  What I have never been able to figure out though, is why the MEDIA has sold out to ratings by giving Palin 24/7 prime time?

Admittedly it may seem that I am doing the same here on LezGetReal, when I have avoided this reporting or writing  about Palin, despite the ability to garnish hots and ratings.   In fact I have been tempted to suggest Alaska be allowed to secede so that Queen Palin and the Royal family can have their throne.   You voted for her, have her, and keep her away from US at all cost.   But its hard for me to be unpatriotic.   SO I say  lets make her irrelevantly rich and pay her millions to stay in her own backyard via Reality show after reality show.

Palin can retreat and reload in ALASKA.   Yet Media – here is something very important for you to consider – ‘Real Americans’ not reality Americans  – Imagine if the media gave Americans who are forced into exile by discriminatory  laws the same attention that Palin has had. Okay I will go for 10%.  Ah now you get why I am reporting – ratings and numbers for EXILED Americans who cannot sponsor their spouses and partners  for green cards, just because they are same-sex partners.

Gays and lesbians who cannot sponsor spouses and permanent partners for green cards are the victims of the most unconscionable of human rights infractions and also have become the victims of the assault on our USA Constitution. Ironically people like Palin steal the limelight from Americans who truly deserve to heard.

We do not know the numbers but there are tens of thousand of Americans – maybe in 100 of thousands, living in Exile because they have chosen to be with their beloved partners – make no mistake it is not an easy choice;  parents, children, mortgages, jobs, careers and pensions are left behind.  All because a same- sex couples cannot sponsor a foreign partner for a green card.

As an advocate for such couples and as a lesbian American, having gone through the tough choices that bi-national same-sex couples must make – I am astounded that UAFA the law that would provide equality for Americans in the CURRENT immigration law, is last on the lips of most LGBT advocates,  so now because of that UAFA is not even a whisper in the lame duck session, where in fact it is beyond mere immigration reform and should be holding the hands of legislation such as the DREAM ACT and ENDA and even repeal of  DADT. (Don’t Ask Don’t Tell)

All I hear is DREAM ACT but no UAFA. I implore all to call and contact media and ask do they know of our plight. Call your local newspapers, write to MSNBC who did not have LGBT represented in the IMMIGRATION town Hall Sunday. Not a single mention of your plight dear exiles; nor mention of our Americans who will kiss beloved partners good bye at the deportation gate.

SHOW your outrage – maybe someone will hear -  Most shocking to me is the fact that so many of our own community have no idea of this discrimination against their own until they happen to fall in love with a foreigner;  engendered by the exclusion of same-sex couples from federal law, by the Defense of Marriage Act. (DOMA)  The repeal of the latter would of course eliminate the need for UAFA.

SO In an article about Sarah Palin I am talking binational same-sex immigration reform via equality to get you here to read this – a select few of the desperate comments I receive by the score on a daily basis:

DESPERATE PLEASE! Comments by Binationals and Friends

R, says – I am so sick of this as well. I used to rely on Immigration Equality .org  for hope that something was going to happen. Every day I look to these web sites for signs of hope only to get another slap in the face. I met my partner while working in the cruise industry. No American will work under the conditions that he had to work in. twelve hours a day seven days a week seven to eight months at a time. Making 1,400 a month. They allowed him to come here to kiss our American asses, to see how us royals live then after seven years of limited us entry (cd1 visa) refused even a visitors visa. Now he sits in his third world country, having to do laundry by hand, have water carried in that he has to heat up to take a shower, no heat.  And every day we search for a solution so that we can be together. With out the passage of UAFA the only option is that I have to go there and live. I have been there twice and find it very difficult. I am not a young man and I finally found the person I love more than anything and I am not going to let it pass me by while waiting on an act of congress to justify the love I have for another human being.

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D; Melanie, we have been reading your work for a while now and you are right on target.
We are just settling in back in Denmark….again. UGHH .  This 90 day rule gets old.  We were flagged last time we entered the U.S. So it looks like we will be out for the next year because that is what the agent at the airport decided for us. B.S. when we have followed all the rules at great expense financially…  Nevermind the details. I forgot for a moment that this is one place that everyone already knows the details and hardship.   As soon as we get our bags unpacked we are on board with you. I am furious that those of us who have chosen to follow the rules are punished  while those who are not Americans can choose to break the laws and in return be given more rights and privileges. .  Two words “Class Action”.  Why does Dream Act get a lame duck vote when American citizens are living in exile?  Why do we even tolerate the term Lame Duck?

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N: Wish there was a way to show Pelosi and other politicians (and to truly make them realize and understand) what harm and suffering our current immigration laws are causing binational (same-sex) couples. I don’t think they really comprehend the pain and despair we feel and are going through on a daily basis, because no one who truly understands what this is like would not want to remedy this situation asap. UAFA would be such a tremendous relief to thousands of couples currently living in fear, uncertainty, hiding and separation; we are completely ignored by the law (unless it is to deny our applications, that a US spouse is recognized for).
We have a year left before we either have to leave the US or try another non-immigrant visa. Believe me every time it gets more difficult, because the suspicion about potential immigrant intent grows. We currently have no plan B, mainly because we were hoping that the Obama administration would pass pro LGBT legislation (incl. UAFA), and also because we are out of resource (money) after paying out of state tuition for many years (so we could be together) and one of us being unable to work. I realize that there is virtually no chance that UAFA will be addressed or voted on during lame duck or the next few years. So where do we go from here… We’ve been together for nine years and will celebrate our tenth anniversary next year, just where and under what circumstances (together, separated, in exile, in hiding… we don’t know).
What a situation to be in in the land of the free, where liberty, justice, equality and the pursuit of happiness supposedly reign supreme.

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J: I too always get the amazed look when i explain that I cannot sponsor my partner … we need action. I miss my partner, we’ve personally been waiting for 6 years, living in 2 countries… I know some of us have it worse. it really hurts when I know that 20 (+/-) other countries already have figured this out. Why is the US so far behind? thank you to all working for this.

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A: Mel, outside of writing to our senators, which I have done over and over. What else is there for those of us to do who are living in exile? I want to do more, but I no longer know what to do. Any suggestions? There has to be a mass way of getting our sotries heard or out there but it seems lost from outside the US.

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Melanie Nathan, Lt. Dan Choi Shirley Tan

http://lezgetreal.com/2010/11/immigration-equality-interview-fails-to-appease-same-sex-couples/

Another Comment:  FAEN-  Unfortunately the only way they listen is if we push….not politely either. I wish GetEqual would start putting pressure on the Dems AND the GOTP when it comes gay issues. I hate to say it but the Dems on their best day have no balls. There is no way the UAFA or ENDA will be on the to do list for the lame duck session. Unless something happens, like a miracle, I don’t see our agenda of equality going anywhere until at least 2013. Seriously, I still remember Obama and the Dems winning in such large numbers, I remember jumping up and down with joy, yelling at the top of my lungs, just KNOWING the binational community would FINALLY be equal. That seems like a lifetime ago and maybe the time to leave is now. Maybe I’m a coward but how long do we wait or start to really live?

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http://lezgetreal.com/2010/11/nancy-pelosi-please-include-same-sex-greencards-uafa-with-enda/

http://lezgetreal.com/?s=melanie+nathan+binationals

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http://out4immigration.blogspot.com/2010/11/hrc-where-do-same-sex-binational.html

Tim K  – I mean – did I miss something? An ELEVEN bullet point LGBT action plan, and I see no mention of immigration reform for same-sex binational couples. (OK, I’ll be fair and suppose that DOMA repeal could be construed as support of our same-sex binational couple immigration issue, but would it be so hard to actually spell it out?) Someone correct me if I am wrong but even with the election losses Tuesday, by my count UAFA STILL has more Congressional co-sponsors than any other immigration reform bill before Congress. Could HRC maybe concentrate some of its considerable lobbying strength in getting us some relief? And soon?

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Feb-  My name is ‘Des’*, I am a male U.S. citizen, born and raised here. In August 2002, after being largely unemployed for more than 2 years as a result of the dot-com bust, I went to Taiwan to support myself as a teacher of English as a Foreign Language.  In 2004 I got a job as a technical writer in the capital city, Taipei. In July of 2005, I met the love of my life, whom I shall call “John” (not his real name), in Taipei.Eventually John was able to get a job in the US and after a brief separation we both moved here to my home.

Coincidentally, right about the time I met John, a friend and coworker of mine, “George,” (also a U.S. citizen), who had joined the same company just about the time that I did, met a young woman while on vacation in another country and soon fell in love with and married her.

John is on a very limited visa, which enables him to work for one single company only, on contracts that can be renewed for up to 5 years.  His company has notified him that his current contract will not be renewed after the end of 2009.  At that time, he will have to leave the USA, and I will have to choose between staying with the person I love or remaining in my home and the country I love.

We have been struggling for years now to find a way to stay in the same country, legally and permanently.

Right now, our best hope seems to be Canada, where we could legally marry – IF we can get in. Ironically, my former coworker, George, returned to the USA with his wife about 6 months ago. Because he is male and she is female, they were able to marry, and he was able to sponsor her for permanent residency in this country. Inexpensively and in a matter of mere months.

However, because John is male and I am male, even if we marry,   I cannot sponsor him for a “green card.” We have a committed, permanent, long-term relationship that is exactly like marriage in every way except in the eyes of current U.S. law.  I cannot sponsor John because of the discomfort that many people feel about the nature of our relationship in the abstract.

Meanwhile, in reality, John is a highly skilled worker, with a master’s degree in physics and rare expertise in integrated circuitry testing protocols, and our economy is being denied his contributions because as a U.S. citizen I am being denied our constitutional guarantee of “equal protection under the law.”

George and his wife are now living peacefully in another state. John and I, however, are living with the daily stress that comes with not knowing when or where or if we will be able to safely live together in one country without the likelihood that one of us will have to leave at an unpredictable time because of immigration law.  (Dated 3/09)”

—-Anyone wanting to learn more can find information and more  stories at www.out4immigration.org

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Melanie Nathan:
commissionermnathan@gmail.com

It was there, while talking about the Uniting American  Families Act (UAFA,) which seeks to include gay and lesbian permanent partners in the current Immigration law (whether immigration reform and amnesty for undocumented foreigners happens or not)  that I expressed my hope that UAFA would be  stand alone or at the very least included with the DREAM Act to be brought to passage in the lame duck session.  We discussed the changed political climate and our hopes for the future.

I was able to impart to Robin the desperation of same-sex couples- that partners needed urgent and immediate relief; and that business as usual, where binational couples are the least heard in the equality movement, yet suffer the most hardship, is simply no longer acceptable.

Some Americans are living in exile- a little known fact by many in the greater populace, unable to live at home, having to leave careers, mortgages and pensions behind.  Others have partners or spouses who are hiding in fear of deportation or about to be deported; and some cannot be with their partners – whom they have not seen in some cases for years. This is a human rights travesty of the worst kind.

Meeting Robin McGeehee of GetEQUAL for the first time in person, over dinner, allowed me the opportunity to note that she is a people person, a grass root thinker, with warmth and genuine pure purpose. Her journey yielded no ulterior motive and believe me working at the pace she does, is beyond the call of a mere job.

At our meeting  Robin gave our  binational discussion center stage and I took the opportunity to inform her and Kathy about the Binational VISA that I have been working on for a year. I showed her my Petition and explained where I thought it was going. Robin listened intently.

Unbeknown to me and Kathy at the time of our meeting, Robin would a few weeks later attach herself to the White House fence,  demanding the Repeal of DADT – and as expected the result would be her  civil disobedience arrest; yet least expected was that one day later, she would be invited to the White House,  and then talking to a high ranking official in the Obama administration.

When I interviewed Robin after her meeting, for the exclusive article  which I wrote on the 17th, I had no expectation that she would even begin to mention UAFA and the bi-national plight.  So when in the interview, on the phone, held while she was leaving the White House,  you can imagine my delight when she told me that she had brought up UAFA and same-sex right to immigration equality.

She said:  “I told Brian Bond that we wanted to see passage of the Uniting American families Act. That not one more person who has an American partner should be deported, separated or living in exile.  I told him, Mel, about your binational Visa as a stop gap interim measure, and asked him to ask the President to get it done soon – and he wrote it down.  I stressed he must stop the deportations of gay and lesbian spouses and partners. If we do not get UAFA this lame duck session  then the President must ensure no more deportations and getting our permanent partners Visas to come into the Country.”

Today these words were heard by many as the article I originally posted went viral – including reports and references back to LezGetReal from The Advocate, She Wired and Pams Blend - where Autumn Sandeen, one of the White House Protesters, expands on Transgender issues raised by McGehee at the meeting.

Robin McGehee did the LGBT movement a great deed that moment.  Because although she was there specifically advocating for Don’t Ask Don’t Tell, there was not a single aspect of LGBT  equality that she did not specifically mention and unlike many who have had such opportunity she mentioned UAFA as an integral and urgent requirement of our movement.

LGR ORIGINAL EXCLUSIVE ARTICLE

AUTUMN SANDEEN on PAMS BLEND

For more about bi-national same sex couples please go to – Columns – Binational Immigration

Here is the Petition that for a BINAT VISA:-

Melanie Nathan, 11-18-2010;

“T The Action Fund is also urging Senators to support the Comprehensive Immigration Reform Act (CIR) of 2010.  The bill’s sponsor, Senator Robert Menendez (D-NJ), announced earlier this week that he has spoken to lawmakers, and President Obama, about moving the measure forward this year.  Senator Menendez’s bill includes the Uniting American Families Act, which would amend current immigration law to allow lesbian and gay Americans the opportunity to sponsor their foreign-born partners for residency in the United States.”

But really, Rachel Tiven Executive Director of Immigration Equality is asking you to support the Immigration Equality Agenda and backroom deal making. Does she take our community for idiots? I guess she does -

SLAP Number 1:
UAFA- should be the Lame Duck focus from the IE standpoint – not DREAM ACT – to support their backroom deal,  IE has failed to change its course with the fact that the lame duck session presents unique opportunties.  Instead of advocating for UAFA and strategically positioning it for the eventuality of the special session, what they have done is couched UAFA in CIR instead of as a stand alone – and

Slap number 2:
Instead of advocating  for Binational same-sex couples as a priority – which many of us believed to be their mission – IE has placed DREAM act ahead of UAFA in its advocacy as clearly illustrated from the announcement below, by its header.

Slap Number  3:
Does this announcement convey that UAFA is officially trapped in CIR?

Slap Number 4:
Our community has contributed money to IE on the basis of advocacy for UAFA -as a matter of equality and parity for same-sex couples; we have not given our money, nor our continued grass root activism to support the DREAM act that might also help some LGBT youth and nor have we placed amnesty and border security above our need to get our partners green cards. The latter  (DREAM) is immigration reform – whereas the former (UAFA) is LGBT equality reform.

Slap Number 5:
What would have been more likely to pass in this lame duck session -
(a) DREAM ACT as a stand alone together with UAFA ; or
(b) DREAM ACT as a stand alone;  PLUS  a separate Comprehensive Immigration Reform  CIR- inclusive of (UAFA -)

Well if you pick  (a) – 15 days may have cut it – but that is not what IE is asking you to support; IE is asking you to support (b) – in essence they are asking you to believe that the entire Menendez Bill which includes amnesty for 12 million undocumented Americans is the best way for us to get passage of a  same sex immigration equality BILL!

Slap Number 6:
Couching their push for DREAM ACT – an immigration bill and not an equality bill- in equality terms – by reference to LGBT youth – which is an unintended aspect of DREAM ACT – is disingenuous and deceitful way of asking for our binational community’s support.

We have been sold out!  I recommend that we defy IE’s quest for our support for CIR during lame duck – it is just not going to happen.

BUT YES  Call your Senators and ask for UAFA to be a Stand alone Bill together with DREAM ACT now….!!!!

This is not a call to defy immigration reform per se – I support comprehensive immigration reform – I do not support the entrapment of UAFA and this lost opportunity….. slap….slap…..slap…..

The full call by IMMIGRATION EQUALITY

Immigration Equality Action Fund Announces Support for DREAM Act

Critical Legislation for Undocumented Youth Would Benefit LGBT Young People

INGTON, Nov. 18, 2010 /PRNewswire-USNewswire/ — The Immigration Equality Action Fund, which advocates on Capitol Hill for equality for lesbian, gay, bisexual, transgender (LGBT) and HIV-positive immigrants and their families, today expressed support for the Development, Relief and Education of Alien Minors Act (DREAM Act), noting that the measure would benefit countless LGBT youth by providing them with a path to citizenship in the United States. Senate Majority Leader Harry Reid (D-NV) announced on Wednesday that he would schedule a vote on the bill, which includes a path to citizenship via military service, before Congress adjourns this year.

“The DREAM Act is one critical step forward in addressing our country’s broken immigration system,” said Rachel B. Tiven, the group’s executive director. “Many of the young, undocumented people who would benefit from its passage are lesbian, gay, bisexual or transgender. LGBT young people who have grown up and come out in America desperately need the DREAM Act to pass. This country has gotten a wake-up call about the vulnerability of LGBT youth, and passing the DREAM Act is a crucial component of protecting our young people. DREAM provides an opportunity to build a life, and fully participate, in the country so many undocumented young people call home. Congress should address the full array of obstacles and discrimination immigrants and their families face under our current immigration system, and passage of the DREAM Act is an important first step in doing just that.”

The DREAM Act offers two paths to citizenship for undocumented youth.  Young people can obtain U.S. citizenship through study at a college or university, or through service in the U.S. armed forces.

“We need an immigration system that treats everyone fairly and honors our history as a nation of immigrants,” Tiven concluded. “Every member of the American family – including LGBT young people, binational families and asylum seekers, deserve a fair shake at being part of the American dream. That’s also why Congress must urgently pass other family unification measures such as the Uniting American Families Act, the Reuniting Families Act and a comprehensive legislative package that protects all families, too.”

The Action Fund is also urging Senators to support the Comprehensive Immigration Reform Act of 2010.  The bill’s sponsor, Senator Robert Menendez (D-NJ), announced earlier this week that he has spoken to lawmakers, and President Obama, about moving the measure forward this year.  Senator Menendez’s bill includes the Uniting American Families Act, which would amend current immigration law to allow lesbian and gay Americans the opportunity to sponsor their foreign-born partners for residency in the United States.  An estimated 36,000 binational families are unable to do this under current law, with nearly half of those families raising young children who are, themselves, American citizens.

“Congress must address the obstacles and inequities that LGBT immigrants and their families face under our current immigration system, especially including passage of the Uniting American Families Act,” Tiven said. “LGBT Americans support passage of the DREAM Act as an important first step in doing just that.”

Immigration Equality Action Fund advocates on Capitol Hill for equality for lesbian, gay, bisexual, transgender and HIV-positive immigrants and their families. To end discrimination in U.S. immigration law, Immigration Equality Action Fund works to pass the Uniting American Families Act and LGBT-inclusive Comprehensive Immigration Reform. The Action Fund lobbies legislators and other policy makers, builds coalitions, and empowers LGBT immigrant families around the country to fight for change.

SOURCE Immigration Equality Action Fund

SO having read the above release by Immigration Equality Action Fund which purports to represent our LGBT binational interest – I reiterate -

BUT YES  Call your Senators and ask for UAFA to be a Stand alone Bill together with DREAM ACT now….!!!!

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

From, yesterday chained to the fence of the White House, to being dragged off, feet scraping ground, by two burly arresting  police officers , to  a meeting inside the White House with Brian Bond and a Member of the President’s Domestic Policy Council and a White House legal Counsel on LGBT issues.

Robin called me moments after the meeting, her voice breaking with emotion as she walked down the Pennsylvania Blvd, cell phone in hand, another moment of true grass roots activism.

She told me, “when the White House found out that the bloggers had been informed and broken the news of our meeting they were angry. But I told them that I was not willing to do any back room deals – but that I wanted to be transparent. That I wanted my LGBT community to see and hear everything that happens.  It is their equality at stake and they deserve that. She said she would rather leave than not be transparent.”

Mr. Bond told Robin McGehee, who points out that she was there as an activist, a mother, a lesbian and representing GetEQUAL, that he would then be unable to speak because he did not want what he said “used against them” but that he would listen. She told, he listened and he made notes.

McGehee told him that she would like to hear from the White House where LGBT equality legislation stood, specifically that she wanted to hear about Don’t Ask Don’t Tell.

She asked for an Executive Order by years end.  She asked why the White House was not going ahead with an executive order to stop discharges; she said the LGBT community was insisting on it at the very least; Why is DADT different from any other legislation? Why is the President not pushing and persuading Senator Snowe and Collins, the fence sitters? Why is the President not spending some political capital here for DADT?

She told Bond that not one single member of the Military should be discharged and that the President ought to be reflecting that by his actions.

Mr.  Bond told Robin that they  are working as hard as they can; saying “ we want to see that happen” – Robin pushed further and said there is a difference between wanting to make it happen and making it happen. It must happen.

McGehee said although she was there about DADT- she could not allow the opportunity to be exclusive to that as the only LGBT issue; and so she pulled out a picture of her two children and introduced them to the group.  She said that Although she realized DOMA may not be repealed at this time, she wanted the President to revert to his old pre- Presidential campaign position on marriage equality where he did support same sex marriage.  “Everyday  that our families live without dignity, the President should think of going back to his original stand  and he must support marriage equality- as person of faith he  should think of our dignity.  Remember he came out and said that his religious beliefs precluded him from endorsing same-sex marriage for gays- well,  as a person of faith the President ought to reflect on his denying our families and community the right to live with dignity.

Additionally she asked that the White House stop all future Federal Contracts that do not include protections for Transgender people; and she informed him it was her belief that if in fact this happened it would encourage more corporations who wanted to Contracts to do the same.

We also asked for the LGBT community to have a cabinet position.

Two weeks ago I had a meeting with Robin McGehee and Kathy Drasky from OUT4Immigration at a fabulous San Francisco Sushi Restaurant – thank you BLOWFISH.

It was there, while talking about the Uniting American  Families Act and my hope it would be included with the DREAM Act in the lame duck session. I also showed Robin my Binational Visa and Pledge campaign. I spoke to Robin about the binational same sex community ‘s dissatisfaction and desperation.  That we were fed up with being the unnoticed of all gay issues, yet our UAFA- having the highest amount of co-sponsorship of all LGBT equality bills, in Congress.  We also discussed my views and writings about UAFA being stuck in Immigration reform.

SO Robin did not let us down and she spoke up “I told Mr. Bond that we wanted to see passage of the Uniting American families Act. That not one more person who has an American partner should be deported, separated or living in exile.  I told him, Mel about your binational Visa as a stop gap measure, and asked the President to get it done – and he wrote it down. I stressed he must stop the deportations of gay and lesbian spouses and partners. If we do not get UAFA this lame duck session  then the President must ensure no more deportations and getting our permanent partners Visas to come into the Country.

Robin McGehee did the Lgbt movement a great deed today.  The White House may well have heard the voices  of everyday gays and lesbians.  I believe we will see action and if we do not there will be more fences, more chains, and more noise.  Robin is inviting transparency as we move towards our basic civil rights, in the form of a real movement that is birthing as we speak. The movement that demands full equality.

In the meantime – call your Senators and ask what they are doing to broker the REPEAL of DADT in this Session and while you are at it, mention UAFA being included with DREAM ACT in this lame duck session.

Melanie Nathan
nathan@privatecourts.com

Melanie Nathan – 11-15-10   The Irish justice minister Dermot Ahern has tabled amendments to give civil partners equal treatment under Ireland’s immigration laws.  The Immigration, Residence and Protection Bill is currently at Committee stage in the Dáil.

Yet to provide Marriage Equality, Ireland has signed  Civil Partnership into law, giving couples similar rights to marriage, effective January  2011; providing Immigration rights will  provide parity with straight couples who can marry.

Unlike the United States of America’s Federal Immigration law, which does not recognize same sex couples, even if legally married, for  the purpose of greencard sponsorship, Ireland  will now provide  for people in de facto relationships.

The US has yet to enact laws that will prevent gay and lesbian couples from having to exile to stay with foreign partners or from partners facing deportation.  The discrimination in the USA is based on the fact that same-sex partners are specifically excluded from Federal rights – such as the right to sponsor a spouse for a greencard, because of the Defense of Marriage Act. (DOMA)

However the once known as the Permanent Partners Immigration Act has been reintroduced into the US Congress as the Uniting American Families ACT, (UAFA) by Congressman Jerold Nadler, in 2009. This will give same sex couples the right to be included in the immigration Relative Petition laws, by simply adding the words “permanent partner” next to the word spouse in the Act.

On June 03,  2009, Shirley Tan, Gordon Stewart, Julian Bond (NAACP), and others testified before Senator Patrick Leahy (D-VT) and the Senate Judiciary Committee on Capitol Hill, in support of the UAFA. The Legislation has not made it out of committee and is currently trapped in the larger and yet implausible Comprehensive Immigration reform.   Bad advocacy strategy in the USA has resulted in the UAFA being a fringe and little known piece of equality legislation, that ironically has had more co-sponsors than any other LGBT legislation.

In fact the plight of binational couples has barely made it into  the conscience of the Americans, especially bad is the fact that the majority of LGBT community has very little knowledge of this inequity until such time as they realize they cannot sponsor someone with whom they have fallen in love; and that their love will be subject to deportation if they do not leave the country in terms of the issued visa.

In Ireland now, Non EU same-sex partners of Irish or EU nationals are now entitled to apply for permission to remain in the country on the basis of their relationship.

In the USA some key Senators such as Dianne Feinstein have not yet signed on to co sponsor UAFA.  Although the Senator is supportive of the issue per se, some believe her only reason for non support is on the question Fraud. Ironically not having ANY law for same sex couples in this arena often encourages fraud as desperate gays and lesbians marry friends and even strangers  for the convenience of attaining legal status.

Having conferred with the Senators office, it is clear the issue is a little more involved;  the  lack of support by Senator Feinstein is based on a lack of a contractual nexus – the proof factor – that there is no fraud.  In Ireland the proof factor lies in the contract which is the Civil Union.

However this concern can be changed in the US by an amendment or rules that will require proof of a contractual nexus between the same-sex couples, such as a Marriage (or civil union) certificate from any Country or US state, a cohabitation contract.  The perceived problem with this is the wording of DOMA – which in essence says only marriages between a man or woman can be recognized; – however I believe that the contractual nexus documented to support a permanent partnership, even if a marriage certificate- is completely different to recognizing a marriage between same sex parties – what it does is serve as evidence of the permanent partnership.

Of course this all serves to show how complex it is when people do not have basic right and that in  the USA marriage equality is indeed the ultimate answer for parity under the law; precipitated not only by the already ruled unconstitutionality of DOMA in the Courts, but  even as a pure civil rights matter that ought to be ascribed in the Civil Rights Act of 1964, to include sexual orientation and gender identity.

Whereas the GLEN director of policy change, a gay group in Ireland, Eoin Collins said: “This is a very important advance and will help deliver greater security for same-sex couples worried about separation due to immigration difficulties,”  here in the USA it would seem that this administration has very little concern for its exiled citizens or those separated from loved ones who remain stranded outside the USA, for lack of parity under the Immigration and Naturalization Act of the USA.  Especially as now during the lame duck session there is a rare opportunity to rescue the Uniting American families Act from its half dug grave – in Comprehensive Immigration reform- and making it a priority to pass while the high congressional co-sponsorship is still seated.

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

source : http://www.pinknews.co.uk/2010/11/11/irish-civil-partners-to-be-included-in-immigration-laws/

San Francisco ; With the Lame Duck full of all kinds of bills that will, likely, never get brought up for a full vote, House Speaker Nancy Pelosi has made it clear that she will be calling for a vote on the Employment Non-Discrimination Act (ENDA) which would make it illegal for employers to fire people for being gay. According to Politico, Pelosi did not set a timeline, but did make it clear that she wants to have a vote sometime during the Lame Duck session.; as reported today by Lezgetreal’s Bridgette LaVictoire.

So why ENDA and not the Uniting American Families Act (UAFA,) the latter being the Equality Bill that provides immigration equality for same-sex couples who, unlike straight couples,  are unable to to apply for greencard’s on behalf of their spouses.,

To my way of thinking, and this is with  assurance that I support full equality for all LGBTQI on every level across the board, the very worst form of discrimination is one that prevents same-sex couples from being factually together, that strips them of the ability to be in their relationships, that exiles Americans to foreign countries.

I do not want this post to be about comparing legislation – but I must illustrate that if you are fired from your job – you will still have your relationship and a loving spouse to go home to.  You can find another job.

Now that does not mean ENDA is not imperative, but it does mean that it should take second place to the worst harm a lesbian or gay person could suffer, separation from their spouse, the love of their life, their soul mate, family and the failure of government to protect a US citizen or resident’s right to pursue their happiness in freedom here at home in the USA.

Not only should UAFA come first in the limited lame duck session- but because it has more cosponsors than any other LGBT equality legislation, it could serve to enhance the passage of ENDA, if the two could be worked in together.

So why is it not first on the Pelosi, et al radar? Why does some fringe PJ blogger Activist type like Mel Nathan have to suggest this as a strategy for lame duck time!  Why are the organizations such as , HRC and the other LGBT Advocacy groups  not screaming at the Pelosi door; UUUUUAAAFFFFFAAAA     UUUUUAAAAFFFFAA?

The answer is is simple – because they have not taken an interest or leadership role, nor have they provided any strategic planning for the Uniting American Act (UAFA) since the time it was introduced into Congress by Rep. Jerold Nadler.  What they have done is allowed Immigration Equality Organization not only to take the lead, but freedom to do with it what they will unchecked!

So Why then has Nancy Pelosi thought of including  UAFA as a matter of imperative urgency for Lame Duck – ?

Simple answer because the pre-imminent  immigration equality leadership organization (IE) who has taken the lead in a hail of  tacit consent by the other LGBT groups, has not reminded Nancy Pelosi for about 18 months now that UAFA is critical legislation, upon which lives depend.

Instead Immigration Equality (IE), has run around schmoozing with the immigration and faith based groups – as well as Senators, begging for inclusion in Comprehensive Immigration Reform, despite warning of this very moment by activists like me.  (CIR)

CIR will not pass for the next 2 years – and they are still asking you to call your senators on moving CIR forward in the midst of lame duck time?   Instead IE should be asking you to Call your Senators to include UAFA with ENDA in a lame duck session.  I have not looked but dear reader, I challenge you to go to IE’s site to see if they have in fact called upon Pelosi to include UAFA.

If they have not – then I say they realize perhaps that they  have trapped UAFA into CIR,  the impossible Reform Bill thereby shooting UAFA not only in the foot, but also dead in the brain!

You all will have to advocate for yourselves fellow binationals – you will have to call you Senators now and fax them  your stories begging them to include UAFA as a stand-alone during the lame duck or  with ENDA.

Tell Pelosi

attach UAFA to ENDA PLEASE!!!!!!! Because lack of UAFA – Greencards for Binational Couples forces people to leave their jobs and/or remain unemployed because of LGBT discrimination

DO IT NOW!!!!!!

Melanie Nathan
nathan@privatecourts.com

Melanie Nathan; Nov 08-2010- Recently the staff attorney from Immigration Equability was interviewed for Ambiente Online; what a great opportunity.  However while shedding light on the divisive laws impacting same-sex couples in binational relationships, the Immigration Equality staffer lost a valuable opportunity to truly reflect the emotional and social conditions as suffered by the same-sex binational community, while also reflecting a lack of strategy to find appropriate remedies and urgent relief.

The question I elucidate in this post is when the attorney Victoria Neilson, who represents the Immigration organization that touts itself as pre-eminent leader for LGBT equality immigration legislation, was asked by  Eddie Sierra “What  would you like to see done in D.C. to end the divisive policies and safeguard the couples and the children affected by these policies?” her response was -

“Well, that’s a bigger question than I can answer,” said Neilson, “I do think that pretty much everyone is in agreement that our current immigration system is broken and that it needs a comprehensive fix. We’re very excited that the Comprehensive Immigration Reform bill  (CIR) just announced by Senator Menendez includes a provision that would allow Americans to sponsor their lesbian or gay partners for immigration benefits. No immigration reform would be truly comprehensive if it continues to leave out our families.”

This inadequate response reflects and confirms  the lack of direction by Immigration Equality, at a time when their strategy to include the very legislation that may have helped Binationals, the Uniting American Families Act (UAFA) into  Comprehensive Immigration Reform,  has not worked.  Rachel Tiven, IE’s Executive Director commented in a recent Conference Call that CIR  has now become unlikely to pass for at least a year. In truth it will be much longer than that.

This is yet another reflection of the ineptitude of Immigration Equality as an organization failing significantly in its leadership; as the comment by Neilson,  that same-sex couple parity, under the law, and that equality for gay and lesbian Americans is a mere matter of Immigration Reform, is parroting a failed policy, that at the time of comment is known to have failed in its goal.

Same sex couples should not have to depend on a Bill that includes amnesty and other complicated issues that will never pass a Republican Congress. Despite  laudable efforts to embrace the larger immigration community, the IE strategy has yielded little friendship from the highly influential faith based groups which have stated they will vigorously oppose legislation that includes same-sex families.

This comment of Neilson is  in perfect synchronicity with Tiven’s inability to answer the big “what next” for a binational community that has been placated and teased for far too long!

My hope is that with all the growth, resources and touting of excellence  mentioned in the Interview that Immigration Equality re- plan and pursue the opportunity provided by the  lame duck session to pass UAFA with the DREAM Act together or alone.

In the meantime as an Activist I am pursuing remedies for the immediate relief needed by Same-sex couples – the relief that can be accomplished by stop gap measures – pending legislation – and my  efforts can be noted in two places where readers can offer support – a Binat Petition on Change.org and a  what next Binat Visa Pledge

The Ambiente Interview can be read in full here: http://www.ambiente.us/110010VictoriaNielson.html

http://out4immigration.blogspot.com/2010/11/two-new-strategies-for-same-sex.html

By Melanie Nathan
nathan@privatecourts.com

Melanie’s Binational Column Telling the Stories: http://lezgetreal.com/?s=Immigration+equality

SIGN Petition http://www.change.org/petitions/view/special_visa_for_binational_lgbt_spouse-perma-partners

Take Support pledge Binational VISA Pledge and Cover can be downloaded by clicking this link

Related articles

• What next for Immigration Equality – Binationals are Concerned (lezgetreal.com)
• Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief (topix.net)
• What next for Immigration Equality – Binationals are Concerned (pinkbananaworld.com)
• Gay-inclusive Uniting American Families Act included in Senate immigration reform bill (miamiherald.typepad.com)
• Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief (lezgetreal.com)

– Binationals are Concerned

Immigration has escaped the binational same-sex couple community, yet again; an “un-calculated” two years by the organizations that represent immigration equality for binational couples, with self professed leader Immigration  Equality at the helm.  How could this have happened?  Where do we stand now?  Well Immigration Equality will answer your questions on a Conference call if you submit your questions for their choice. (See below)

The lack of calculation and the unconscionable failure to ‘strategize’ according to the changing political climate over the past two years, has resulted in enormous upset for the gay community when it it comes to immigration parity under the law and we cannot blame Congress, nor the President; we can only blame misleading and head in the sand calculation -  as we were  taken down the wrong path; but a few complained or demanded transparency.

Yes this IS the blame game; and I feel justified because I am repeating what I said and said and said ……  Never before have I witnessed such reprehensible conduct in the name of an entire victimized community, at the hands of our own. Our bi-national families are exiled, await deportation, are struggling in the asylum process, hiding, want to come home! It is bad.

Your opportunity to agree or disagree is welcomed, but until the organization Immigration Equality satisfactorily answers some pertinent questions, my quest will continue!   Today the Group has advertised on their Face book page a conference call.   Now I have been on a few of those in the past and they tend to be a “rah-rah we are great and this is how much other minority groups love what we are doing soliloquy’s and its all about Comprehensive immigration reform (CIR) and how lovely our allies are in the immigration community.”

Well great and so what now?

The Uniting American Families Act was introduced into Congress during January of 2009, by Rep. Jerold Nadler, D, NY.  Since that time there have been more co-sponsors than any other LGBT equality legislation on record.  Yet instead of pursuing UAFA as a stand alone Bill – with the fervor and impetus provided by the June 03, 2009 hearings in the Senate Judiciary Committee, Rachel Tiven, of Immigration Equality, turned its limited resources to Immigration Reform spending the past 18 months chasing Comprehensive Immigration Reform- when it did not even exist.

Now we have been included in the Menendez Senate version – but so what?  Who in heavens name imagines Immigration Reform with Amnesty in it passing through the new Congress?  This scenario was easy to predict.  And it is way too complicated to get through during the lame duck.

There has never been a plan B that we as a community know of; and the self perceived leadership and influence of Immigration Equality, unchecked by other organizations, has turned out to be the Achilles heal of UAFA.

Way back last year I asked Congresswoman Jackie Speier if she thought that joining UAFA to Immigration Reform would make it more difficult as a stand-alone Bill, she agreed that although at that time there was not enough traction in Congress to pursue a vote at the time (JULY 2009); she was hopeful that if we fought for it to gain more traction, especially after Shirley Tan’s testimony, we could succeed.  She agreed that holding out for Comprehensive Immigration Reform Bill could in essence have the effect of precluding the opportunity for UAFA to gain traction and pass as a stand-alone in a Dem Controlled Congress. We now find ourselves in that predictable situation.

The ups and downs of the journey to immigration reform are clearly noted in my myriad of articles along the way, noted on Lezgetreal in my Binational Column.  I have not been against immigration reform per se, but I have opposed chasing it for UAFA.  To my way of thinking UAFA is about the American having equality to sponsor a spouse.

I have believed we would have been better served had we pushed to the nth degree for UAFA and if not attained as its own Bill by the time of CIR – which is very simple in effect – then we would have been organically attractive to CIR with our already accumulated co-sponsorship.   This is not hind sight on my part as I wrote this very same thought in June 2009.

However we were steered by Immigration Equality away from this opportunity.  All the UAFA gained sponsorship has been a direct result of the work of the unfunded volunteer grass-root group, Out4Immigration, worked by hundreds of letter- writers and led by a core few; Kathy, Gina, and Amos.

Tom Tierney who led the letter writing campaign recently left Out4Immigration for a paid job with Immigration Equality, a testament to and probably the only adequate acknowledgment by IE of the work of the San Francisco based Out4Immigration.

So here are the BIG questions now and hopefully someone will ask them or IE will think them important enough to address:

1. Will IE change its course and pursue UAFA as a stand alone during the Lame duck?
2. If not, does IE think that Comprehensive Immigration Reform will pass during lame duck – because it sure won’t get passed the house when the Republican controlled session starts?
3. Has Luis Guiterrez actually provided the language into the CIR house Immigration Reform Bill yet – or is it still all talk?
4. What other legislation could make UAFA a lame duck attraction – such as DREAM ACT.

Immigration Equality failed to take stock of the political climate as time went by; the impact of Healthcare reform on their strategy – the impact of the DADT debacle on their strategy and many more signs that were politics 101 that should have involved a lot more transparency and inclusion.

So this is the FB announcement – I encourage you to ask your questions and be on the call. Immigration Equality will NOT answer my questions, my calls and nor will they accept my comments on their site.

Related articles

• Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief (lezgetreal.com)
• Rumors UAFA to be Introduced with Senate Inmigration Reform Bill (lezgetreal.com)
• Breaking: Grassroot Binational UAFA Summit – Taking Back our Binational Strategy (lezgetreal.com)
• Breaking: Senator Menedez Includes UAFA in Senate Version of Immigration Reform (lezgetreal.com)
• Churches Cry Foul in Wake of Same-Sex Partner Inclusion in Immigration Reform (lezgetreal.com)
• Four New House Co-Sponsors for UAFA – Time to Act Fast (lezgetreal.com)
• SCREAM: President Obama Act Now for Binational Same Sex Couples (lezgetreal.com)
• DADT in DANGER and UAFA Possible? (topix.net)

A Case for Get out the Gay Vote….

San Diego- When one fuels hate, albeit merely an omission to speak against it,  or a vote in Congress that exudes it, expect one’s supporters to act like hooligans who hate and then expect to be considered one of them! Yes we are talking of Brian Bilbray incumbent San Diego, California Congressman for the 50th District.

Destructive rhetoric has caught up with Billbray; when he had to slink  out the back door after a debate, while his opponent was mobbed by his  supporters.

What had been peaceful sign-holding before the debate amped up into an in-your-face shout-fest by a well-organized group of Brian Bilbray supporters who encircled Francine Busby, his Democratic challenger. Their antics were disturbing and frightening and smacked of the Teaparty- esque bullying that Democrats have been subjected to on many fronts.

Linda Poniktera, a spokesperson for the Busby Campaign provided LezGetReal with this comment:

It is a sad day when a public debate at an open public forum is disrupted in that manner – it discourages people in participating in their democracy to fullest extent possible.  Imagine the Head of Chamber of Commerce had to escort Francine to her car, a clear indication that her safety was at risk.

It was later revealed that the mob was urged on and scripted by the lobbying group Americans for Prosperity, the  same group that recently held a rally for Bilbray at his Solana Beach office.  But Bilbray has yet to come out and condemn  the attack on his opponent. Instead his PR spokesperson has simple stated that he left quickly and knew nothing about the incident.

The taunting, heckling and the sarcastic questions shouted at Busby were meant to elicit that one comment or photo that could be edited to fit into the ‘gotcha’ politics that are commonplace today. That’s probably why so many of the protesters had their phones and cameras zoomed in on Busby, who ignored the chaos around her while she greeted and chatted with her supporters, according to an article in the NC Times. http://www.nctimes.com/news/opinion/columnists/chatfield/article_1b1236b5-e15b-5747-ab4c-1585afc96979.html by Gail Chatfield.

In the face of possible defeat, the Right wingers desperate to hold on to their seat, are clearly not going to be happy about a loss here and are pulling out the stops to try and keep Busby out.

We at Lezgetreal have endorsed Francine Busby and are urging the LGBT community to get out and Vote in the 50th District. While Brian Billbray has ignored the question of equality he has failed to support any equality legislation and voted no on the DADT  repeal during his term in Congress.   However Francine  Busby fully supports civil rights, dignity and equality for all Americans.

I recently spoke to the Ms. Busby and she assured me that she would co-sponsor all Equality legislation, fully supportive of a repeal of DOMA, DADT and the ENDA and UAFA. She will be a true ally and no LGBT member of that community or America who believes we are equal should sit home on Nov 2nd.

Read up on the issues at – Click here – A vote for BUSBY is a Vote for fairness and equality.

by Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Will the push for same-sex couples in federal immigration legislation strain an ostensibly wide coalition for comprehensive reform?  My contention is- government ought not be influenced by religious perspectives at all – hence there should be no religious coalition of support. It should simply be out of the ambit of religious influence. This may seem like Church vs. State 101 – yet it is so far from what is really happening. What is really happening is that our LGBTQ rights are being dictated by the Church and its simply reprehensible!

Mark Tooley writing at The American Spectator , in his piece, Amnesty for Same-Sex Couples, where sets out an analysis of church views, delineating the religious right’s objection to same-sex partners having the basic human right to share their life with a partner of their choice, and the basic constitutional right  to pursue happiness with parity under the law.  The general excuse for the discrimination is same-sex immigration rights leads to same sex marriage!

The Article starts  “Liberal Democratic Senators Robert Menendez of New Jersey and Patrick Leahy of Vermont introduced their ‘Comprehensive Immigration Reform Act’ on September 29 . . . It also includes a ‘Uniting American Families Act’ (UAFA) allowing ‘permanent partners’ of U.S. citizens, which seems to mean same-sex couples, to obtain U.S. residency . . . Speaking for the Catholic bishops, who typically support liberalized immigration, Bishop John Wester of Salt Lake City reportedly wrote Senator Menendez explaining ‘that a controversial provision, which would confer marriage-like immigration benefits to same-sex couples,’ would ‘preclude the U.S. bishops from supporting’ it as introduced.”

The religious Right, the Evangelicals, The Catholic Church, the Baptists – the ‘interferors’  in matters of civil rights –  take your tax free status – AND lay off our rights. But no that is not happening…. a failure of unbelievable proportion in a system that purports to protect all, in essence has set the religious right loose to impinge on civil rights.

The Catholic bishops, who typically support immigration, have again spoken out against same sex binational couple’s rights to parity under the immigration law, having testified previously in  Senate Committee hearing against the Uniting American Families Act being included in immigration reform, with a threat that they would not support immigration reform containing lesbian and gay, same-sex rights.

At present gay and lesbian couples cannot sponsor foreign born partners and spouses for immigration to the USA.  While I believe this is an equality issue and not an immigration issue, per se,  its inclusion in Immigration reform is a matter of organic necessity at this point, because the immigration equality activists have steered the equality issue into the realm of immigration reform, (CIR.)

Now UAFA has no home except in CIR – so my fear in characterizing it as an immigration issue is elucidated by the likes of  Bishop John Wester of Salt Lake City reportedly wrote Senator Menendez explaining “that a controversial provision, which would confer marriage-like immigration benefits to same-sex couples,” would “preclude the U.S. bishops from supporting” it as introduced.  Interestingly these Bishops are willing to sacrifice the flock for fear of gay and lesbians attaining this basic civil right.  However will same sex couples end up being the sacrificial lamb- the “public option” of comprehensive immigration reform?

So while we think this through, do the Church groups have any right to comment at all?  I say not – basic Church versus State 101- yet America it is happening under your nose- as we speak. This Article proves it!

According to Tooley’s report Bishop Wester noted that the same-sex provision “in a comprehensive immigration reform bill will make it far more difficult to achieve the compromise that will be needed in order to enact a fair and balanced comprehensive immigration reform bill.”  Last year, Wester warned against similar legislation in the U.S. House of Representatives that would “erode the institution of marriage and family by according marriage-like immigration benefits to same sex relationships, a position that is contrary to the very nature of marriage which pre-dates the Church and the state.”

The article goes on to discuss other liberalized immigration proponents, such as the Rev. Samuel Rodriguez of the National Hispanic Christian Leadership Conference, also warned against the same-sex provision. “That’s the sad political reality,” he lamented to Episcopal News Service. “Politically in Washington it has been very difficult to engage Republicans and conservative Democrats on the issue of immigration reform.” Rodriguez and his group for Hispanic evangelicals oppose same-sex marriage. “Finally we were able to acquire support and galvanize the white evangelical community in support of immigration reform and that coalition stands to be jeopardized if those agenda items are morphed together.”

Again illustrating that LGBT -and same-sex rights are being used to wedge a coalition that seemed strong.

While one website lists Church World Service as a specific supporter of the same-sex partner provision.  ” We applaud the leadership exhibited by Senators Menendez and Leahy in introducing this bill.” Although all but a few of the National Council of Churches over 30 member denominations oppose same-sex marriage, its relief agency recognized no concerns about UAFA.

One of the few denominations supporting UAFA is the Episcopal Church, whose news service offered a full virtual editorial for the Leahy/Menendez initiative for same sex couples. Episcopal News Service specifically spotlighted a Washington, D.C. Episcopal priest who is married, under D.C. law, to a same-sex Filipino doctoral student struggling with his visa status. “If same-sex marriages were recognized federally this would be a nonissue,” the Filipino student opined. “Just like anybody else, [my partner] would be able to sponsor me.”

Episcopal Church has an official policy statement demanding “immigration equality” for same-sex partners, ratified at the denomination’s General Convention last year. That resolution denounced as an “outrageous injustice” the lack of recognition by federal immigration law for same-sex couples, when “similarly situated heterosexual immigrants are free to marry at any time.” Jewish Reform , Conservative and Orthodox tend toward support of immigration reform including UAFA. United Methodist lobbyist spoke at a press conference for the same-sex partners immigration initiative.

According to the piece also, the Quakers and Unitarian Universalists have also joined with the Episcopal Church and the United Methodist lobby, along with the United Church of Christ, for federal recognition of same-sex partners in immigration law.

So while we look at the support and those who do not support UAFA and immigration equality, my assertion is it is none of any religious organizations business to attempt in any way to influence the legislation on this critical matter. The Church’s views must be ignored by all political representatives as having no relevance whatsoever to the issue at hand.  Yet the article gives credence to the validity of the Church having a view at all.  That is simply unacceptable.  Same-Sex partners and Amnesty?  I  am abhorred by the audacity terming  Equality as an  Amnesty.   If the Church was out the picture – the coalition would not be and the Politicians would have a shot at viewing this legislation for what it is.  But of course we do not have the separation of Church and State that we are led to believe we do.  The Gay and lesbian (LGBTQ community is constantly bombarded and impacted by this failure in America – to truly honor the Constitution and the freedom that was intended by the Founding Fathers, supported by the Mothers!

This UAFA as included in CIR is righting the horrendous wrong of separating couples in love, the immorality of  exiling Americans who want to be with life partners to foreign countries, the abuse of forcing lovers to hide in fear of detention and the  discrimination of deporting those who, but for parity in the law, would not be subject to deportation

Melanie Nathan has written extensively on this topic – Read More

http://lezgetreal.com/category/columns/binationals-uniting-american-familes/page/8/

http://lezgetreal.com/?s=catholic+bishops+uafa

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

facebook.com/melanie.nathan1

Photo©LGR Media.

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• Breaking: Senator Menedez Includes UAFA in Senate Version of Immigration Reform (lezgetreal.com)
• SCREAM: President Obama Act Now for Binational Same Sex Couples (lezgetreal.com)
• Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief (topix.net)

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Melanie Nathan – September 30,2010:-

Kathy Drasky from OUT4Immigration, the group responsible for most of the grass root outreach and letter writing campaign announced on the www.Out4Immigration.org blog today that Senator Robert Menendez (D-NJ) has introduced comprehensive immigration reform (CIR) legislation that is truly comprehensive – it includes provision for same-sex binational couples.

“This monumental achievement comes after months of phone calls, letters and visits to Congressional representatives and their staffers by Out4Immigration, Immigration Equality and many, many other individuals and groups dedicated to ending immigration discrimination against LGBT Americans with foreign partners or, as we are collectively known, same-sex binational couples.

Here is a report from the conservative-leaning Washington Independent, one of the first outlets to break the news and include information about same-sex binational couples. It errs on the side of conservatism (to say the least) – but we’ll be adding more favorable reports and links as they come our way.

Right now, let’s give ourselves a big pat on the back for all the work we’ve been doing (which has also resulted in 12 new UAFA co-sponsors this month). There are so many Out4Immigration volunteers to thank, I don’t want to run the risk of naming you all and leaving someone out!  But, to see just two very recent examples of the amazing work O4I volunteers do on their own time please click here to see a very personal video appeal for UAFA and equal rights produced by Gina; and here to read a post from Erik who has been building coalitions with other immigrant rights groups and just returned from a trip to Washington DC that helped move the Menendez legislation along. ”

The work continues…

The Credit goes to Kathy Drasky, Amos Lim, Gina, Erik and all the volunteers of this extraordinary NON_funded LGBT group.

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• Rumors UAFA to be Introduced with Senate Inmigration Reform Bill (lezgetreal.com)

Sen. Robert Menendez of New Jersey is expected to introduce comprehensive immigration legislation before the Senate adjourns this week for the midterm recess, according to Politico, and a source tells The Advocate that the legislation will be LGBT-inclusive.

I have compiled this space for display of a spate of Videos, some made by individuals and others made by organizations.  Some of the people choose to remain anonymous because secrecy helms their silent lives. Tell these people to wait their turn for immigration reform to pass in the Republicans obstructionist Congress tainted by weak democratic leadership.

There are an estimated 36,000 (minimum the number since the determination in the year 2000 – also not taking account of social media and current increase in internet meeting) Gays and Lesbians who are either American citizens or residents (all referred to as Americans for the purpose of this article,) who are in love and relationship with a foreigner. Gay and lesbians are denied equality under the Federal Immigration laws of this Country, to sponsor same-sex partners or  State recognized spouses for immigration (greencards) to the USA.

This ludicrous and unconscionable  inequity has been at knocking at the door of Congress for 12 years at least, in the form of the Permanent Partnership Act which was reintroduced in 2009 by Congressman Jerold Nadler of New York, as the Uniting American Families Act, (UAFA .) Now the issue is banging on that door, as visibility has increased, couples have pleaded with Representatives and it now presents as the most supported LGBT legislation in Congress with 134 Co-sponsors in Congress and now 25  Senators who all have signed on.

In March of 2009, Shirley Tan, a Lesbian mother was unjustly detained and about to be deported, without any regard for her 23 year relationship with her US same-sex Partner, Jay Mercado, and without any concern for their twelve year old twin sons.  Shirley received the  rare introduction of an emergency private bill introduced into Congress by Senator Feinstein.  The Bill recognized the unusual aspects of Shirley’s plight.   Not everyone can obtain a Private Bill – and the mere introduction keeps it alive for this sitting Congress only, rendering Shirley still vulnerable if the UAFA is not enacted.

The importance of the Tan/Mercado case is the fact that Shirley was called to give testimony at the behest of Senator Patrick Leahy and appeared before the Senate Judiciary Committee on June 03, 2009.  The very moving testimony of Shirley can be seen with the video collection below.  In addition there is the testimony of Gordon Stewart an American exiled so he can be with his husband.

Grassroots activists have been pleading with Congress ever since to lead on UAFA, but unfortunately some organizations have jumped ship, thinking that UAFA is better off contained in the even more controversial Immigration Reform Bill – which has nothing more than a promise for Same-Sex inclusion in the House, and a Road-map (no draft of a Bill yet) in the Senate. The latter, a direct knee-jerk response by Senators Chuck Schumer and  Sen. Harry Reid,  to the immediacy engendered by the Anti-immigrant Arizona immigration law.

So here we are – a Congress that may well go into lame duck, a Congress that failed to repeal DADT, that showed no compassion for the children of the immigrant DREAM ACT – and a UAFA barely in the conscience of leadership, unknown to mainstream America and also barely in the minds of our lesbian and gay sisters and brothers. The question is are we going to be in the Menendez Bill as a pawn, a promise or yet another wedge that will render Immigration Reform impossible in this political climate.

Remember it IS the American who lacks the Equality – and is being discriminated against.  ALL Americans in committed relationships, except gays and lesbians,  have the right to remain in the USA with the person whom they love.

It is not the immigrant per se, who has the right, as immigration is a privilege afforded a foreigner; it is the American who has the right and it is indeed a Civil Right and a Human Rights issue.

Gay and lesbian Americans in bi-national relationships  fall into one of the following categories:

1. The American cannot leave the USA and is Separated from their Partner:
Due to many factors the American may not be able to leave the USA and couples are torn apart when Visas expire, when partners are not allowed entry into the USA and when partners are deported for over staying their Visas.  I have posted two such Videos here.

The reasons for this situation Age, sick or dying parent/s, joint custody orders, illness, unable to speak the  foreign language, foreign country will not accept the couple either, unable to find a country to immigrate to, unable to get work, credit ruined if  give up mortgages, careers, lose homes, lose jobs.

2. The American’s only option to be with a Spouse or Partner is to Exile out of the USA:
This is not an ideal situation for anyone owning a home, having a mortgage, a career, or perhaps in their fifties. These Americans must say goodbye to extended family, siblings, aging parents, and in some cases dying family. These Americans often suffer tremendous hardship in the foreign Country and are deprived of their means of support and the right to live happily at home. Often couples have to live in a Country that is foreign to BOTH partners.

3. The Foreign Partner Overstays Visa and Lives in Hiding with American in USA.
This is a terrifying experience.  The foreign partner cannot work legally and usually opts not to work for fear of being caught. If caught the partner is detained, deported and loses the ability to re-enter USA for 10 years thereafter.  There have been many cases (see video # 2.) where a spouse simply has not made it home from a bus stop – due to being detained.

4. Suicide a Sad and non-viable option – but I am mentioning it because it has happened:
Yes I had a client, a medical doctor,  kill himself, after a year of despondency when his husband had been detained at the airport and sent to detention center, upon their return from honeymoon. They won their case, but the Bush government appealed it. He could not handle the separation any longer.

Gays and Lesbians living in these types of relationships often end up spending all their savings on legal costs and what ought to cost $1500 to pay for a greencard sponsorship ends up costing up into the tens of thousands of dollars in airfare, international student fees, extended and new visa fees, loss of support through inability to work,

Although the Senators office would not confirm more than the fact that a Bill is about to be introduced, “We fully expect that the Menendez comprehensive immigration reform bill will be inclusive of the Uniting American Families Act,” said Steve Ralls, director of communications for the pro-LGBT Immigration Equality. UAFA would allow American citizens and permanent residents to sponsor their same-sex partners for residency.”

The legislation would also provide a path to citizenship for the undocumented and would include the DREAM Act, which would give adolescents who came to the U.S. as children a chance to achieve citizenship through completing two years of college or spending two years in the military.

The controversial legislation is not expected to move before the end of the year, but Ralls said it was nonetheless a milestone in setting the terms of the debate moving forward, per the ADVOCATE.

I remain critical of this approach and believe that UAFA will now be impossible to pursue as a stand alone.  Who knows what will happen to Comprehensive Immigration Reform should there be a change in the Congressional representation. This fight will be tougher than Health Care.

I for one am perplexed that our Bi national couples face a long and uncertain hurdle.   “Senator Menendez’s bill will set the stage, in this Congress and the next, for a serious debate on fixing our broken immigration system,”  said Ralls, and this to me is bothersome, because I honestly do not believe that “setting any stage”  is helpful to an imperative and urgent battle for gay and lesbian people’s lives.

American gays and lesbians deserve this form of immigration equality well in advance of immigration reform and we ought not be hampered by the huge battle that is sure to follow the legislation which is unpopular amongst some who may otherwise have supported the UAFA as a stand alone. When I hear the word “debate” I draw the analogy to the Defense Authorization Bill that was not passed because of DADT.   Then the Health care Bill with the Public option left out, and now highly explosive Immigration Reform, amnesty, biometric cards and Queers?

SCROLL BELOW THE VIDEOS TO PROVIDE COMMENTS:

A reader named “facts” left three comments which I took down. The reason I took them down:

They occupied the equivalent of 3 blog posts – and were irrelevant to the subject at hand. Let me clarify I am not anti-immigration – I am pro equality!   I support the Comprehensive Immigration Reform (CIR) and do believe UAFA should be in there – organically. However I am disturbed that UAFA is now and for the past 16 months has been forced to rely  on CIR!   The comments from FACTS are all important, but irrelevant to this discussion – I remind facts that s/he is more than welcome to make full use of the Internet by starting or maintaining his own BLOG. I would be happy to provide links.

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Photo Above: Tan-Mercado Family & Melanie Nathan

VIDEOS

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“I wanted to tag so many others in this video but FB was being stoopid…please take a look…can’t promise it’s jolly, but I do promise it’s real.

just can’t stand that faceless bureaucrats make it so my heart gets ripped out every time she has to leave…Just want our life together!”

love to you all “

These are the parting words and the reality of the splitting of a binational lesbian couple, tonight! In love but forced to part ways because the Federal Law thanks to the Defense of Marriage Act, DOMA, compels the Immigration & Naturalization Act to exclude same-sex couples from the same rights and privileges given to heterosexual couples.

There is no law in this Country more putrid to the senses of Justice, equality and the right to live a happy life, than the one that forces a couple in love apart – where another couple who happen to be of different gender have full access to the law.

This discrimination has barely passed the starting block in the conscience of America and worse yet in the conscience of gay America.

The irony is that the Uniting American families Act  which seeks to remedy this insidious inequity has more co-sponsors in Congress than any other LGBT legislation.

If you have done nothing to further the startling glare of this inhumanity =- here under your nose- then do something now.

This Video is not a contrived produced version of the situation of binationals. It is a real life reflection of the suffering caused by discrimination against gays and lesbians in the USA and those impacted by this forced to live in exile .

Philippa and Inger Reality Check

“Our last night together and we wanted to tell you the reality of our lives:

(GO TO INGER’s Face Book Page to see Video)

The Video is on Inger’s Face Book  Page, it is not very clear and she will be sending a transcript to Lez Get Real tomorrow after her beloved has left the USA.”

Length:5:37

Philippa and Inger Reality Check

COMMENTS one of many on Face Book:

oh my loves, i cried for you both through the whole thing. it just breaks my heart that this is happening to familes all over the u.s. and especially to you, tomorrow! i hope you don’t mind if i share it with every bloody big head i can thi…nk of who could publicize, vote, or support in any way. it sure isn’t jolly, nor should it be. it’s raw and real and should be aired on the stupid tv every day and night! inger, strong mama, i love you so much and just want to wrap you in the biggest hug and promise you that it will all be okay. i can’t, but you know we all love and support you both and we will do everything in our power to change things, stop this abuse of families, and bring you two together forever. ♥♥♥See More

IF Inger’s story has moved you – Comment here below and Contact Your Congressional reps and ask what they are doing to move UAFA further.

UPDATED: Transcript of Video

Philippa and Inger Reality Check

5:37

Our last night together and we wanted to tell you the reality of our lives
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
here is the transcript to the video…I just spent too long listening and re liustening so that I could get it right for you all…thank you for your love, support and interest!:
Philippa and Inger Reality Check Video Transcript

Inger speaking: Hi everyone, this is Inger and Philippa here, and we said we’d make a video and so we are. It is the last full night we will spend together for god knows how long and I for one am not coping. I don’t want this. I need everybody out there to realize that this is wrong. You all need to vote, talk to your congress people, your senators. I’m not going to give you a sermon, but it is so hard to know, that…uh… the life we share together is on the whim of a government that doesn’t even know we exist. Philippa had difficulty coming in through immigration and the U. S. border control, she was interviewed twice and got her documents taken off her which means that after waiting six and one half months the likelihood of her coming in in the next year seems pretty slim, unless there are some changes made. We’ve had a good three weeks, it’s been really wistful, but we’ve had some great times, a lot of smiles but now we are down to the wire she’s going to leave tomorrow evening and my heart’s breaking. I don’t want to keep doing this…. but I will. I’ll wait as long as I have to to be with my family. But…for those of you who are with the ones you love…treasure every minute you have. And for those of you in our same situation, contact me. We have to figure out a way to change things…this can’t keep happening. If you are in a bi-national couple, it’s worth it. It’s hard, God I know it’s hard, living on phone calls and living on web cam and living on letters and packages, planning the occasional trip, it’s difficult, but it beats a half life of living alone or settling for something other than true love. That’s my sermon. Hi Jo! I was promised..I promised that, uh, I’d say that.
(to Philippa) Anything you wanna say? Talk to the nice people (Philippa shakes her head no and continues crying) (Inger cont) We love all of you and we are so grateful for your support, and uh, we’d be in much worse shape if we didn’t have….(turning to Philippa) I love you so much…(facing forward) and I don’t ever want to be without her. (crying) We need to change the world and we can’t do it alone, I can’t do it alone, but I’m going to do everything I can. And if any of you know how to contact the people at Logos and get them interested so we can get the word out contact me on face book, on email, I’ll give you my phone number, I don’t care…SOMEBODY has to make a big deal out of this…people have to know! I spent two days at Pride talking to hundreds and hundreds and hundreds of people and … I would say seventy-five percent of them had no idea, and there were a few bi-national couples who I met who were either they couldn’t make it, they couldn’t last because it’s so hard…or…they’ve gone the other way and are just flying under the wire and I don’t want to do either of those things. I want to do it right. I want to have this woman by my side, show the world that I love her…(dog whining in background) And our pug (turning away) (laughs) wants you to know that he loves his mommy and he wants her to stay with us (Oscar the pug barks in agreement) and it’s just not right. (Oscar continues to whine and Philippa and Inger turn away and back again and laugh) (Inger sniffling) We haven’t been moping the whole time but this is to be expected and so we are doing this tonight because I will be moderately hysterical tomorrow (fake smile) and uh…(dog barking) not be able to explain what I’m feeling. It’s this tight wad of anger and sadness that I’m feeling …. (breathes big sigh) I don’t know what to do…so…anyone out there who can figure it out and help me out …help us out…I’d truly appreciate it. (turning to Philippa) I get it all? (Philippa nods) (turns back to the cam) We love all of you …and we’re glad to have you in our lives (crying) I don’t know what to tell you but thank you for everything (shakes head) we’re gonna ask for more so you might as well help us so we’ll shut up. (voice breaking) Take care, all of you. Night. (cries and can’t continue)

Fin

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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What do we have to loose and it will not be pretty!   Melanie Nathan – Sept. 17, 2010;-

What I always marveled at about Republicans is the fact that they stick together regardless of Common sense.  Someone like Palin can make the most asinine remark and it is as if someone tickled the microphone with a feather!

What about it Democrats?  Is the schism in the base – the core – the voter gap?   Who are you trying to please Democratic Senators and those of you in the House?  How do the moderate Democrats get to participate in the hostage takeover of the National Defense Authorization Bill and hence DADT.    How could Reid include DREAM ACT and not UAFA?  Swirling questions and anger abounds. ..

As far as the Gay, Lesbian and all LGBT community is concerned we have derived nothing out of Congress since President Obama and Nancy Pelosi have been at the helm, with a majority compliment in both houses.  We are the ones with nothing to lose. While we are steeped in court victories -we are teetering on the verge of nothing from this administration and Congress.

The Democrats MUST get DADT through next week.  If they do not – then the Gay and Lesbian community will be called upon to retract all support of all democratic candidates in congress. This is an open threat.   Repeat – This is a threat!

You will note from prior posts that I am an avid supporter of the democratic party.  I invite you to read all my supportive posts of democratic candidates.  I have begged our community for support when they have threatened to with hold their dollar support in the past. I have called it counter-productive. But now if DADT fails I am on that bandwagon as is Lez Get Real.

Our blog site has a monthly readership of hundreds of thousands and we are followed and picked up by many of the LGBT bloggers. We comprise a group of people and bloggers who reach millions of people including LGBT people and when we put something out it spreads like wildfire.

Unless DADT is repealed in next week’s vote then the Democratic Senators can expect all gay and lesbian and LGBT support to be pulled. The logic as seemingly ill founded is there.  Years from now, things will be so bad for everyone that maybe, just maybe, we will stand a chance of people electing progressives to Congress.

I ask you Queers and friends what do we have to lose?

I am not asking Americans what they have to lose- America has a lot to lose – we all know that. We the LGBT community is not ‘America’ – we are second class citizens.  Until we are all equal and until our servicemember brothers and sisters can serve openly and proudly in the military, we have nothing to lose and must operate reactively as a result.

Remember apartheid in the 49’s to 90’s and how it came down in South Africa?  It was the oppressed who were prepared to go through economic hell- which they did – and then succeeded in bringing the Afrikaner government to its knees – and so hailed the end of apartheid.  Well as a lesbian suffering prejudice and inequality and watching the suffering of my fellow Americans, we will call out to all to boycott the Democrats until they place the right thing before Politics.

We are so over Political ‘pawnship’ of our rights; over being told to wait; asked to sneak  every aspect of our lives through  back doors.

It is enough and friends next week is IT! This is a call to democrats to understand we mean business- DADT must be repealed and this is the ultimate test of your representation.   When one moderate representative traitors this Repeal – you will be taking down all the Democrats and your statement will be that you do not care about our service members who are gay and lesbian. That will speak to our LGBT community in a VERY large way and I guarantee you we will make so much noise your career will be over anyway.  Weigh that up against the fact that most Americans and servicemembers support DADT repeal.

So  these are the Senators that must be put on notice whether up for re-election or not:
Senator Nelson (FL),   Senator Webb (VA) , Senator Lincoln  (A), Ike Skelton ( MO) and others.

1. All Democratic Senators must vote yes;
2. Democratic Senators must make efforts to reach out to the others who say no or who are teetering – whether Dem or Republican.

We are watching you and you are all accountable.

Will it take the O’Donnels, Palins, Bachmans, and Angles to be seated for some years, to wield their craziness before America realizes that this is not politics as usual.  That we are willing to sacrifice ourselves to the likes of these wicked witches so that we can ultimately elect progressives- because that is what I believe this synchronicity is all about?

So in sum:-

No, Senators- for me this is not business and politics as usual and here is why:-

a. You have failed the Gay community and DADT repeal next week is your only redemption

b. We the gay community have nothing to lose- why? Because we will have seen the ultimate Congressional sitting come and go… the one we perceive as having had the power and clout to get us some legislation; we believe we may well have to wait the passing of an entire generation – because the next one has no problem with equality.

So now I have spewed what is on my mind. Tonight I will say Kol Nidre to start my atonement as a Jew and I will be asking for forgiveness on this Yom Kippur- for all of my own indiscretions – some of which may well be contained in this post.

However I have faith in G-d that somehow the “right thing” is not so much about business as usual and political maneuvering s in the name of self interest, but more about kindness, compassion, love and parity for all in every aspect of life.

So as mere messenger I believe some of us are indeed charged with a voice that others may not like – this is the extent to which my good conscience has been willing to go a risky one yes;  – yes out on a limb, again – I will go toward the gates “Neilah” tomorrow evening and hope that I am inscribed for another year into the book of life.

This is my wish too for my family and friends – may you all fast well.

No more posts from me from 6.00pm until tomorrow night.

“First thing Monday Morning East Coasters CALL WEBB, NELSON, LINCOLN and send them this article – By then I will have been forgiven!”  (ok not funny! Mel)

KEEP scrolling down to comment:

Melanie Nathan
Nathan@privatecourts.com
@oblogdeeoblogda

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Sept. 17-2010 – 11.00 am PST- Melanie Nathan:-

DADT’s repeal depends now on the National Defense Authorization Act, which houses “don’t ask don’t tell” through an amendment attached to the larger Bill.   The DREAM ACT is also attached as an amendment.  While some activists are calling for the Democratic Senators, under leadership of Sen. Harry Reid,  to add UAFA, The Uniting American families Act, for same-sex immigration equality, it is now clear that a filibuster looms and so much is at stake.

The Advocate reports that DADT is being held hostage and quotes Senator Joe Lieberman statement as summing it up he best: “”Don’t ask, don’t tell” repeal, depended almost entirely on a procedural showdown between Democrats and Republicans.  The question is whether the Senate leadership can negotiate an agreement with the Republicans that will allow the bill to come up and get them to feel that they can introduce amendments that they want to introduce as well,” Lieberman told The Advocate. “But until that happens, I don’t think the votes are there to break the filibuster, which would be a shame.”

It seems that what is needed is at least two Republican Senators to cross the line of “Don’t do Don’t Do”  to break the filibuster – to bring number to 60 votes needed.

However at this time there may be  confusion as to whether the democrats have limited the number of amendments that can be brought by Republicans.

This situation  has placed some moderate Senators in a difficult situation and an Amendment Quagmire may well put a nails in DADT’s coffin.

SO it is indeed complicated to imagine inclusion of UAFA when DADT is the one controversial LGBT amendment already included. I have no idea what amendments the Republicans may want to introduce. Their mindset scares me and I can imagine some outrageous outburst of obstructionist insertions.  That said, the hope for a UAFA inclusion may dwindle.  HOWEVER – it is imperative that bi-nationals fax and make calls to Reps in Senate and even in the House – so that there is a heightened awareness when the deal making starts to go wild.

Who knows maybe UAFA will be an exchange for some piece of crap that the GOP deems imperative!

This past week, we have garnished 6 more co-sponsors for UAFA and we expect more.  So Please inform your representatives that this legislation is gaining momentum as a stand alone and may be an asset if in the form of an added amendment to another piece of legislation such as the National Defense Authorization Bill

Please call and thank these cosponsors! This is very important.

Senator Tom Harkin (D-IA)
731 Hart Senate Office Building,
District of Columbia 20510-1502
Phone: (202) 224-3254
Fax: (202) 224-9369

Rep. Martin Heinrich (D-NM-1)
1505 Longworth House Office Building,
District of Columbia 20515-3101
Phone: (202) 225-6316
Fax: (202) 225-4975

“Let’s keep this momentum going – meeting with your members of Congress and getting the word out locally is critical to this.”  Tom T.  at Out4Immigration.

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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Melanie Nathan; 09-15-10

Breaking news:  The Uniting American Families Act (UAFA) has four new co-sponsors in the House, bringing the total to 128.  For months we have been requesting DC Activists to push for UAFA as a stand alone. Here is yet another opportunity for our so called preeminent LGBT Activist Group, Immigration Equality, to steer UAFA into fast-track.

Senate majority leader Sen. Harry Reid is adding both DADT repeal and the DREAM Act to the Defense Appropriations Bill (DAB) he hopes to pass in the Senate next week.

Sen. Reid announced Tuesday that if Republicans filibuster the National Defense Authorization Act,  he would file for a cloture motion that requires 60 votes in order to move to a debate on the legislation.

Although the is to fund the Department of Defense, Reid said the bill was “especially important” this year because it would address two issues that were “long overdue” — repeal of “don’t ask, don’t tell” and the DREAM Act, a bipartisan measure that would create a way for undocumented students who came to America as children to gain permanent residency through higher education or military service.

This significantly  shows that LGBT  Equality and immigration legislation is being added as amendments to a larger bill, addressing both realms at the same time.

While it may not pan out, it could spell hope for UAFA, if we all get right on it and demand our Senators chat with Senator Reid (202) 224-3542.  At the same time we ought to call Senator Reid and ask him to add UAFA to the package.   In any event the discussion of packaging UAFA with other bills, presenting it as a stand alone during a lame duck session all depends on the discussion we invoke NOW!  So wake up everyone lets make this happen.  There is no excuse for a single LGBT Activist not to make this call.

K.T. Drasky of Out4Immigration notes:    “Please call Sen. Reid’s DC office at (202) 224-3542 and ask him to consider adding UAFA to this bill as well. It’s worth a try — and it will increase the dialog about the need to pass UAFA this year! :

The new co-sponsors (and their phone numbers) are listed below. Please take a minute today to call each of them and thank them for their support. They have signed on due to the collective efforts of so many of us working hard to end immigration inequality, including your phone calls, visits to your representatives and the O4I weekly letter writing campaign.”

Rep. Joe Baca (D-CA-43)
Phone: (202) 225-6161

Rep. Gerry Connolly (D-VA-11)
Phone: (202) 225-1492

Rep. John Hall (D-NY-19)
Phone: (202) 225-5441

Rep. Tim Ryan (D-OH-17)
Phone: (202) 225-5261

Melanie Nathan
nathan@prvatecourts.com
@oblogdeeoblogda
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Tan-Mercado family & Mel

If  This does not wake Immigration Equality up what will?

Today a powerful article appeared in the Washington Post.  It speaks to the hardship caused by the Defense of Marriage Act; that even if gay and lesbian same-sex couples can marry in a given State, the Federal Immigration Laws still exclude the couples from  the benefits of the Immigration & Naturalization Act as conferred on different gender couples.  Gay and Lesbian Americans and Residents cannot sponsor their  foreign partners for residency in the USA.

Immigration Equality took UAFA down the path of Comprehensive Immigration Reform, knowing full well that it was a rough shot.  Had there been no alternative or opportunities along the way to take stock of the strategy that would be a great excuse, but that is not the case. I believe they will have destroyed the future of  UAFA unless they change strategy NOW!    Unfortunately it is IE which has taken the self-described role as the preiminent organization on the topic; and other LGBT groups have bowed to this position. They have steered the strategy and advocacy -Hence the responsibility is squarely theirs!

The Washington Post: “The demand by these couples to gain the same immigration rights as heterosexuals is supported by key members of Congress, but is undermining the fractious coalition of groups needed to push through an overhaul of the nation’s immigration laws. Including equal treatment for gay partners of U.S. citizens, key advocates say, threatens to doom the already fragile hopes for change.

“It introduces a new controversial element to the issue which will divide the faith community and further jeopardize chances for a fair and bipartisan compromise,” said Kevin Appleby of the U.S. Conference of Catholic Bishops, which last year said the inclusion of gay couples in a House bill aimed at reuniting families made it “impossible” for the group to support the measure. “Immigration is hard enough without adding same-sex marriage to the mix.”"

The full Article is a must read for all LGBT Advocates and Allies. It tells the present reality and truth of what was in my estimation easy to foresee. I saw this outcome on June 4th 2010, when Immigration Equality made a unilateral decision to do with our rights and dollars – advocacy of its own will!

For over a year I have been imploring Immigration Equality and other advocacy groups, not to take the Uniting American Families Act down the path of Comprehensive Immigration reform. The only response I ever received from the Group, was for one of its employees to call Lezgetreal to ask Dr. Paula  Brooks, our editor-in-chief to fire me because “Melanie Nathan is a time bomb waiting to explode.”  http://www.washingtonpost.com/wp-dyn/content/article/2010/09/12/AR2010091204157_2.html?sid=ST2010091204182

This is what I wrote back on July 18th, 2009:

As my readers know I have expressed a great deal of concern with how the  Uniting American Families Act has been handled by our self-appointed-by-ommission-leadership. It  is sad, yet validating  to note the comments of Congresswoman Speier  on UAFA’s unlikely passage.    Albeit it disturbing news, I believe it can and ought to serve as a titanic wake up call to bi-nationals, supporters and the LGBT community as a whole.  It is time to fight for UAFA and it must be NOW.  The Article can be read in full at….  http://www.ebar.com/news/article.php?sec=news&article=4072

Congresswoman  Speier mentions that UAFA is low on the list of important and hence unlikely to see passage.   I too have heard that many members of Congress have not even heard about UAFA, the bill that will allow American Partners in same-sex relationships to Petition under the immigration law for their Permanent Partners to remain in our Country.  While Shirley Tan and Jay Mercado’s case created astonishing awareness, I agree with Representative Speier’s comment – “ In regard to a bill that would allow LGBT Americans to remain in the country with their foreign-born partners, Speier said the issue had not gained enough traction in Congress to become a priority.”

To me this is indicative of the very problem that I and many others have been concerned about and I am willing to go out on a limb to assert UAFA  has not gained traction for, inter alia,  the following reasons, and some points are cryptic:

1. Lack of involvement and utilization of grassroots groups;

2. Failure to use the stories of bi-nationals as a poignant tool, beyond mere display on websites;

3. Lack of effective leadership by Immigration Equality organizations– good leaders gather the best brains in the Country and do not make decisions without consultation, alliances, strategies and delegation.  When alliances are made, we should never lose sight of the prize by being swayed into battles that deplete our minimal resources.  Losing sight of the prize is when we minimize the fight for equality by shifting to a fight for immigration reform for those who already have the right to petition for spouses.  UAFA is an issue of Equality and not an immigration issue.  We have been manipulated to look at the issue from the perspective of the immigrant.   UAFA should be seen and advocated through the eyes of the suffering of the American partner citizen who has been denied the same rights as other Americans in permanent committed relationships having the option to marry. Immigration is a privilege for the immigrant and inherent in the Immigration & Naturalization Act is a right for an American citizen spouse/ fiancé. Lesbian and Gay Americans are denied these rights. That is the fight and we should not be led down other paths.

I believe as do many that the Shirley Tan and Jay Mercado story hit the mark.   Their Story provided a mix of every element critical to immigration awareness and especially the LGBT and bi-national plight.   The fact that had there been equality of process by recognition by US law of same-sex permanent partnership,    the family would never have gone through the hell they did.  This exacerbation of hardship is clearly evident from Shirley’s testimony before the Senate Judiciary Committee on June 3rd this year.  I urge every reader who has yet to see the testimony to do so on you tube and to add to the already 29,000 plus who have viewed it.

The very day after their testimony, Immigration Equality  in D.C. effectively shifted the focus to RFA, the new legislation being introduced by Rep. Mike Honda.  Although this Bill was momentous and Shirley spoke at the initiating press-conference, I had not been fully apprised of the nature of the conference.  Regardless, as Shirley’s personal advocate I did believe her appearance was important, but I would not have agreed to it had I known what I now know and that is that the focus would shift from UAFA as an absolute, and that Immigration Equality would re-assign its resources, contrary to the expectation and consultation with a fully respresented  bi-national community itself.

This was a big mistake in my opinion.  Of course LGBT language should be included in immigration reform as a matter of course as it is the right thing to do.    However, our fight is still the equality fight and we are selling our community and those who have funded and advocated the work, short if we fail to focus on UAFA.

Shirley and Jay agreed to represent the issue of UAFA and that is why we went to testify; and they remain committed and focused to continue to do so.  They know and understand the value of comprehensive immigration reform and the inclusion of LGBT language therein, but will not take their eye off the ball when it comes to the inequity of immigration laws against same-sex couples. I believe a great opportunity and momentum may be lost if we do not take Shirley and Jay’s advocacy to the next level in relation to UAFA – and that should be to speak to and motivate other couples to deliver and share their stories with their own congressional representatives.    I am convinced this type of direct advocacy would  impact Congress to move quickly.  They have no idea about the extent of the suffering – someone has to deliver the message.

I had a great conversation this week with a prominent D.C. insider who has much more experience in D.C. than me.  He explained his view and the reigning sentiment amongst LGBT organizations such as Immigration Equality, on the importance of  the LGBT alliance with the larger immigration community via the Mike Honda Bill, Reuniting Families Act, (HR 2709) that seeks to incorporate UAFA.   He also conveyed, similar to Rep. Speier, that D.C. intelligence is clear that UAFA stands less chance than Comprehensive Immigration reform of passage; and that for this reason some organizations may be seen taking a new path which clearly veers from the absolute focus on UAFA. I was really appreciative of our discourse yet remain unconvinced, especially when my source admitted that we could land up being dumped,  the sacrificial lamb at the end of the road.

However at no time to date  has the beast been unleashed, truly unleashed; and believe me there is one waiting…. If all the bi-nationals band together on a grassroots level and strategize and if more Shirley and Jays and Carla and Britta’s have the courage to show up on doorstep of congress with their reporters, cameras and bloggers in tow, and if people like me are willing to advocate for Private Bills  and in arenas that most say are impenetrable, I really believe that UAFA can move in a direction that would provide a format of a Bill that will pass.

Congress can and will have a new attitude toward UAFA – but it is not going to happen until we empower our community to make appointments with their representatives in every district, to show up with their own stories asking for help and if they do not need help, then to show up with the stories of other constituents.  Congress will buzz if the dialogue between Rep and Constituent is prevalent and persistent.   Until this constituent push happens the D.C. insider intelligence is meaningless.  If congress has not taken the issue on after we do this, then I will succumb to the current D.C. Intelligence.

Shirley Tan’s testimony at the Senate Judiciary Committee has had almost 30,000 hits on YouTube – compared to about a couple hundred by Session’s witnesses.   I believe that speaks volumes for the clout of empowerment.

If anyone who reads this article is interested in joining the battle, providing funding, or simply chatting, please contact me directly for direction at nathan@privatecourts.com. THAT WS BACK IN JULY 2009.”

Thanks to OUT4Immigration for mobilizing the grassroots in a big way since back in 2009.  They have done an extraordinary job; but the ego-based IE has failed to embrace this unfinded group of volunteers in an effective way.
Also OUT4IMMIGRATION- please use your grassroots clout to reconsider CIR and perhaps  Immigration Equality with your impetus could get us back on track for UAFA as a stand-alone-bill.

I  think I can safely say that no one has reported as vehemently as I have done or as much on this subject and I feel qualified to BEG yet again :  ‘Now Immigration Equality  and other Organizations will you please wake up and GET UAFA passed as a stand alone during the lame duck!!!‘

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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U.S. Senator Barbara Boxer and Republican senatorial nominee Carly Fiorina delivered a spirited debate tonight at St, Mary’s, Moraga, Bay Area, California.  Fiorina clearly on the defensive unable to lift her leg high enough to the tree with big Boxer, who sparred like a heavy weight, while deflecting the occasional light weight banter from her opponent.

Topics ranged from this year’s hot-button issues of the economy and immigration to the always-debatable subjects of gay marriage and abortion.

Yet no incumbent bloodshed over the biggest issue – relief for California’s struggling economy. Rather a pointed dagger at the heart of Fiorina’s tenure at HP where Boxer noted that the 30,000 jobs shipped abroad by Fiorina reflected the size of an entire Foster City; and with a payoff to Fiorina of $100Million.

Irony of Irony – that very money now being used to fund this very campaign!

“Each did her best to portray her opponent as out of touch with Californians’ needs. Fiorina cast Boxer as a 28-year officeholder with an unabashedly liberal, failed record that has been “devastating for this state.” Boxer defended her record while casting Fiorina as a failed “Wall Street CEO” who got rich while laying off thousands of workers and shipping their jobs overseas before being fired by her board of directors.” (Mercury news tonight)

When asked whether the war in Iraq was worthwhile and what lessons should be applied to Afghanistan, Boxer noted she was among 23 senators who voted against the Iraq war, yet she later voted for funding to protect troops and veterans; she said she wants a clear exit strategy for Afghanistan. Fiorina disingenuously admonished Boxer’s votes as being against the interests of troops several times. Yet Fiorina forgets she continues to tout the rhetoric of the very administration that got us into the war as well as tacitly endorsed the war through her silent acceptance thereof.

Fiorina, who has aired a campaign ad likening Boxer’s concern over climate change as a national security issue to worrying about “the weather,” refused to say despite the moderator’s insistence for a ‘yes or no’ answer– either during the debate or at the spin news conference afterward — whether she will support Proposition 23, which would roll back California’s landmark greenhouse gas emissions law. When Fiorina said she had not yet taken a position. Boxer jumped at her saying that she could not understand how Fiorina failed to take a position at this time on so important an issue;  ”If you can’t take a stand on Proposition 23, I don’t know what you will take a stand on,”   noting that the measure would cripple California’s burgeoning clean-energy economy and give other nations the lead.

Boxer jabbed “My opponent is kind of used to creating jobs in China and other places,” noting Fiorina is supported by the same oil and coal interests backing Prop. 23, and “They are hoping that I don’t make it.”

Asked about the status of children of undocumented immigrants, Fiorina said she supports the DREAM Act — bipartisan legislation providing such youths a path to citizenship through college studies or military service — but opposes amnesty for illegal immigrants.

URGH no one ever asks about UAFA-The Uniting American Families Act – which could feasibly be introduced as a stand-alone bill together with the Dream Act.

Boxer insisted she has supported two bipartisan immigration bills in recent years, while Fiorina has called the battle for comprehensive reform “a distraction” from more important issues.

After the debate, Boxer said the two campaigns are working to schedule another faceoff.

Boxer wins on Knockout round 1.

By Melanie Nathan
nathan@privatecourts.com

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Posted by Melanie Nathan; September 01, 2010

Senator Mark Leno has lent his support to LGBT issues in the State of California’s legislature; what many outside California may not realize is the importance and impact of  local leadership on the rest of the Country.

It is when one’s State Senator takes the time to fight for Resolutions pronouncing upon Federal legislation (e.g. Kevin de Leon CA State Assemblyman and Leno for Resolution AJR 15  that passed in California  calling for the enactment of the Federal legislation by Congress of the  Uniting American Families Act (UAFA)) – and now this Article sent out today by Senator Mark Leno, that  we realize – we may well underestimate the importance of the influence that local representatives can have on the National arena. After all when reading this all I could think about was the absurdity of the” Defense of Marriage Act” (DOMA) and the fact of its continued impact during this Congress consisting of a Democratic  President and a Democratic majority in both houses.

Senator Mark Leno: “Nearly two years after the passage of Proposition 8 in California, a U.S. District Court judge has ruled that the divisive measure denying same-sex couples the freedom to marry is unconstitutional, violating both due process and equal protection rights. In a landmark decision, the first ever on this issue in federal court, Judge Vaughn Walker upheld justice and equality, concluding there is no rational basis for preventing marriage between same-sex couples.

In his 136-page decision, Judge Walker eloquently dispels the myths promoted by Prop 8, including that heterosexual couples are somehow better than same-sex couples and more deserving of the universal recognition of marriage and that families led by two parents of the same gender are inadequate. Walker’s decision echoes the Massachusetts Supreme Judicial Court’s 2004 findings when it ruled that there is no constitutional basis for denying same-sex couples marriage licenses and stated that by doing so we perpetuate a “destructive stereotype that same-sex relationships are inherently unstable and inferior to opposite-sex relationships and are not worthy of respect.” Do we really want our government determining that some people love better than others?

Based on overwhelming evidence presented at trial, Walker concluded that Prop 8 likely passed due to a “desire to advance the belief that opposite-sex couples are morally superior to same-sex couples” and that the proposition “enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples.”

While public opinion in California and across the nation continues to shift more in support of marriage equality, the moral opinions of the masses should not dictate such important issues, especially when it involves fundamental rights. In 1948, California became the first state in the nation to end the ban on interracial marriage, although about 90 percent of Americans at that time opposed these unions. As with marriage for same-sex couples, the California Supreme Court’s 1948 decision was controversial at that time, even though that ban clearly trampled on the rights of targeted minority groups and violated equal protection laws.

In 2004, I had the distinct honor of marrying Marvin Burrows and his lifelong partner Bill Swenor during the short time period when San Francisco granted marriage licenses to same-sex couples. Marvin and Bill had met as teenagers in the 1950s, fell in love, and spent 51 years together as a couple.

One year after Marvin and Bill were married, Bill unexpectedly died of a heart attack. While the men were domestic partners, their marriage license from San Francisco had been invalidated. Because they were not legally married, Marvin was denied Bill’s pension, veteran and social security benefits and his health insurance suddenly ended. As a result of Bill and Marvin’s inability to have their half century relationship honored and validated with a marriage license, in the midst of grieving Bill’s death Marvin was now homeless. Why would we want to kick senior citizens to the curb for the crime of loving someone of the same gender? While Marvin turned his despair into action and became an outspoken advocate for marriage equality, Marvin and Bill’s tragic story demonstrates the cruel and unfair consequences of inequality.

While it’s likely that the legal challenge to Prop 8 will continue to the U.S. Supreme Court, and the current stay preventing same-sex couples from marrying is justice delayed and denied, Judge Walker’s ruling is a giant leap forward for marriage equality. It deflates the prejudiced stereotypes that have long demonized gay men and lesbians and relationships between same-sex couples and their families. It attacks the blatant lies and fears that were fostered by the supporters of Prop 8 during the 2008 campaign. It upholds the U.S. Constitution’s promise of equal protection under law and restates that this fundamental right cannot be denied to any one group of people, regardless of the electorate’s majority opinion.

Finally, the August 4 U.S. District Court decision reiterates a fact that opponents of Prop 8 and supporters of marriage equality have long asserted. Denying loving same-sex couples the freedom to marry unfairly promotes inequality and the perception of inferiority. In the words of Judge Walker, “opposite sex-couples are not better than their same-sex counterparts; instead, as partners, parents and citizens, opposite-sex couples and same-sex couples are equal.”

By Senator Mark Leno who represents the Third Senate District of California, which includes portions of San Francisco and Sonoma Counties and all of Marin County. He can be reached via the web at www.sen.ca.gov/Leno Senator.Leno@senate.ca.gov.

by Melanie Nathan
nathan@privatecourts.com

Melanie Nathan; August 28 2010 -

If there is a claim to ownership of  the civil rights movement can we please stake our claim?  Today is the anniversary of the ‘I have a Dream Speech’ -Dr. Martin Luther King Jr. at the Lincoln memorial and it will always be  remembered! Nothing can change what it was about or who it was for and yet in many ways all of us own it.

It belongs to America and American history.

However some say its been hijacked and others say its their domain… “They want to disgrace this day this is our day and we will not give it to them.” Says Sharpton of Beck! and We want to reclaim honor in America says Beck as he trespasses the turf on this day – impeaching the way!

No one group’s struggle can be measured against that of another; yet according to Glenn Beck it can and he is the victim!  Now that slavery is done the “I have a Dream” moment belongs to King Beck?  Or is it Beck the Messiah claiming the Jesus domain?

You may have noticed that LezGetReal has barely given – if any – time to Sarah Palin and Glenn Beck and their Rewriting History Rally.   But now we must, in sharp contrast, give credence to Rev.  Al Sharpton and the crowd of diverse thousands who may seem to have stood in counter to Beck who may have stood in counter to Sharpton – ok – it can be confusing. But if you are queer it ought not be. It ought to be damn clear!

In truth there is only ONE Civil Rights movement – the only one that can ever be – and it must remain all inclusive and as Sharpton noted – it belongs to no ONE group but to everyone.  It belongs to America and it is an ongoing quest – for as long as there is any one group that is the subject of  flagrant discrimination via legislation.

DOMA (The Defense of marriage Act) is the perfect example of  legislated discrimination – as is the Don’t Ask Don’t tell Policy (DADT)

This week I watched Keith Olberman on the subject of Beck and also delighted in 2 Comedy Central pieces, by Jon Steward and Steven Colbert, respectively, on the topic of some omni-power-messianic idea orchestrated by Beck – that he is going to fill the shoes of “Dr. Martin Luther King Jr. at the place of the I have a Dream Speech” and take back a rotten sordid America!  Back from whom – for whom?

Well allow us to inform  Mr. Glenn Beck – the only group without civil rights in this Country are us the Gay Lesbian (LGBTQI) people in the USA.

The rest who acquired such rights under the 1964 Civil Rights Act are now Beck’s victims -  not the other way around as Beck tacitly imposes on the people he incites to hate – to  perpetuate the racism that the Civil Rights Act did not cure – the hate that remains in the hearts of those who listen to  beck, et al!

Beck is no victim- he just cannot not fit that mold.

Now the only overt leadership in this country that recognizes the LGBT plight as a civil rights issue and has had the courage to make the statement – is the African American leadership.  Rev. Al Sharpton said today on CNN that   LGBT equality is a civil rights issue. Julian Bond has stated the point in many speeches including in the Senate Judiciary Committee hearing for UAFA.

Now while we know racism is at an all time high in this Country, all this “we have a DREAM ownership claims” – is a slap in the face to all good Americans who see it in its totality – in its historic context and as a vortex for unity and the  future of equality for all.

The only dream yet to be attained in this country, (besides the de facto riddance of racism and hate,)   in so far as the LAW (de Jure)  is concerned, is the dream as dreamed by same-sex and LGBT populace; LGBT people and their families,  - to marry, to sponsor for immigration, to adopt, to serve, to work, to be included  and protected fully under the federal  law of the USA – ultimately an amendment to the Civil Rights Act, of 1964 that includes Sexual Orientation and Gender identity.

Thanks for your support to the American Equality Bill – and the Amendment of  the Civil Rights Act of 1964 to include Sexual orientation and Gender Identity. The Omnibus for all LGBT Equality legislation.

By Melanie Nathan
nathan@provatecourts.com
@oblogdeeoblogda

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Melanie Nathan August 21, 2010:

I have always Known Senator Gillibrand to be a great LGBT ally and one of the boldly upfront Senators; impressed by her meteoric significance belying her short time in the Senate.  This sense, further endorsed when reading the

“My Lunch With Senator Gillibrand by: Clarknt67 ,  a Blogger on PamHouseBlend

—————————————————————————–

“We all got one question. A reporter asked her to address her Latino readerships’ frustration with Democrats’ sluggish advances toward immigration reform. Gillibrand assured her immigration reform was a priority and discussed different timelines and tactics for tackling it, including comprehensive and piece meal passage of existing bills, mentioning the DREAM Act by name.”

The Blogger followed up by asking A question the Senator has been asked by constituents in many instances; about LGBT inclusion in such efforts, and now asked in light of  was concerned the coalition being gathered to pressure Congress which has outright expressed that LGBT inclusion was a “dealbreaker,” asking  is “there a strategy around that?”
————————————————————————————-

Apparently according to Pam’s Blogger, there did not appear to be a strategy, at least one they’re ready to enunciate. “And to be fair, there does not yet seem to be, at least publicly, a firm strategy for reform in general.  She answered by discussing the importance of winning the “Don’t Ask, Don’t Tell” vote, and how recent court victories help move our issues inevitably forward. She did conclude, “We may not win this fight this time.”

The Blogger continued on PAMS, “Which, actually brighten my mood. I would prefer to hear hard truths from my allies, than be fed false hopes. Many of us tracking the Uniting American Families Act, S. 1328 and efforts for LGBT inclusion in comprehensive immigration reform recognize the long odds we face. The Senator is clearly a strong LGBT advocate, but she is but one woman of 535. If anyone can forgive being outvoted, it’s the gay community. I appreciate being spoken to as an adult who can read the same writing on the wall. I know she’s part of the solution, not the problem, she doesn’t have to tell me what I want to hear to stay in my good graces.”

———————————————————
Sadly another and probably one of many more lost opportunities – mollified through acceptance of status –quo – minus- 100% – but harsh reality is Broken Promises by a collective of those who ‘wouldst have Equality at heart.’  Where do we all think we are going to get with such complacency couched in patronization of and by our elected?

So many of us fail to ‘carpe diem’ as we fall prey to the overt congeniality and the ‘sacred word’ through our timid sense of  the weight of the moment as perceived through that one single question – the very reverence of which becomes a reality – that even we, the casualty, fail to compute.

So I ask when these allies choose to become advocates, then to give me a call otherwise until such time I plan TO report the inadequacy.  I refuse to remark at friendship in Congress – they are our representatives for goodness sake – no more friendship.   Time to represent fully – and our LGBT basic rights are not for sale – it is a constitutional obligation – it is not a religious stake!

If Senator Gillibrand and other Representatives cannot adhere to the most basic of their Constitutional obligations – then I say all we have left is the “nothing left to lose attitude” – in whatever form they may take!

For now – to me it represents to hell with piecemeal and let us find a brave and valid advocate who is willing to lead on the American Equality Bill.

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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This Blogger is Fuming With the White House – accusing Bloggers of being too critical

Last week,  The Equality Federation met with the White House Staff on LGBT Issues.  It appears the White House is consoling our community with:

1.  DADT “probably later” (employment for 15,000, out of 30 million of us).
2.  ENDA is too hard.
0.  UAFA didn’t even come up it appears.

Here at Lez Get Real, I have been talking about CIVIL RIGHTS for a year now. Its not even in the White House Lexicon – not to mention the current puny shove off we have now received; yet another slap across the face!  Inadvertently Mr. president you Staff have made the case for an Civil Rights Amendment.  That is the only way to FULL equality.

Todd Fernandez, who has joined me to plead for our community to take Equality to the next and imperative level of a  demand for our Civil Rights through an Omnibus Amendment to the Civil Rights Act, and he asserts “our Equal CIVIL RIGHTS is a missing dream – somehow overlooked by a mixed-race President and our entire movement!!!???”

According to reports of the meeting, one Administration official said: “When you are frustrated, you should speak out and hold our feet to the fire.”

Well yes Sir; and then to have the gall to criticize the gay bloggers who are doing just that – yours truly included!

When Brian Bond, Deputy Director of the White House Office of Public Engagement and liaison to the LGBT community, took questions from the audience, he expressed frustration at the often intense criticism levied, particularly by bloggers, against an administration that is “99 percent supportive of your issues.

As far as I am concerned we have only just began Mr. Bond.

This Gay Blogger says: – Quite frankly I do not see the support of our issues. Where is the action?  They can support our issues for the next 10 years – Hooray! That’s it? Thank you and no thanks.

I say the White House has  just dug its grave with the Gay community. We will now accept nothing less than our FULL CIVIL RIGHTS. This Blogger is willing to go to word –war with the  White House – CIVIL RIGHTS are our demands!

Gay and Lesbian Bloggers have a right to be angry – we will get the crowds shouting!We are doing as you say – Holding your feet to the fire!  Show us the burn or it will get hotter!

To  hell with ENDA -DADT and DOMA  your dangling carrots for what?  For stand alone bills – legislation -  To Hell with business as usual – piecemeal is over!  .   This is a call for the Big Guns -  No more flailing piecemeal for them to throw back at us with now -then never then- maybe’s!!! I am sick of my rights being your TOY Mr. President! You have a duty to uphold the Constitution and you are failing us plain and simple.

We need to have you all call the White House and tell them NOW about the American Equality Bill. They do not even know this grassroots piece of legislation is in existence.

This Lesbian Blogger is ANGRY!

Please PRINT AND MAIL, or FAX (WH FAX: 202-456-2461) this flyer:

http://bit.ly/PleaseFileAEBmailer

To:

BRIAN BOND
Deputy Director of the White House Office of Public Engagement and Liaison to the LGBT Community
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

For free on-line fax: faxzero.com, or rapidfax.com (both can be done online without a landline phone).

If you want to complain directly about this pathetic agenda for our equality call:

BRIAN BOND: 202-456-1414. WH switchboard will put you to his voice mail.

They won’t know what the American Equality Bill is yet – but they’ll figure it out.

They don’t seem to know what Civil Rights are either.

Let’s remind them.

The American Equality Bill Project  (ACT ON PRINCIPLES)

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda
Senior Political Editor
Lezgetreal

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MELANIE NATHAN
nathan@privatecourts.com

Melanie Nathan – August 14, 2010

Best-selling author Elizabeth Gilbert will join Immigration Equality in lobbying Congress for the Uniting American Families Act (UAFA), reports  ON TOP Magazine.

My question is – will it be for UAFA as a stand alone or for the inclusion of UAFA into Immigration Reform. Maybe Immigration Equality sees that the choo choo train to reform ought to be via the equality Bill, UAFA, alone  instead of through Comprehensive Immigration Reform.

“Gilbert, whose film adaptation of