The threat of deportation still looms over the couple, and many like them. There are two possible solutions to this particular problem. The first is the Uniting American Families Act, which was authored by Senator Patrick Leahy of Vermont. This would allow American citizens to sponsor their same-sex partners for legal residency in the United States. This bill, while not likely to make it through the Republican controlled House of Representatives, did pick up the endorsement of Microsoft. Senator Leahy said in response to the announcement:

“I welcome Microsoft’s support for the Uniting American Families Act. A core tenet of our immigration policy is preserving family unity. Yet our immigration laws discriminate against American citizens who wish to be with their loved ones. Innovation leaders like Microsoft depend on the strength of their workforce as they keep America on the cutting edge in the global marketplace. Forcing Americans to choose between their families and leaving the jobs and the country they love is unfair, and ultimately hurts the American economy. I applaud Microsoft for its support.”

The other option is to get rid of the Defense of Marriage Act so that marriages will be recognized properly. Metro Weekly reported that the DoJ has finally acknowledged that DOMA is unconstitutional. They reported “The summary of the DOJ argument that Golinski’s case should not be dismissed begins simply: ‘Section 3 of the Defense of Marriage Act, 1 U.S.C. Section 7 (‘DOMA’), unconstitutionally discriminates.’”

With regards to the deportations, the Obama Administration may also be halting them in part because they are caught in an awkward position of both arguing against DOMA and yet having to enforce a law that could be unconstitutional within a year. FOX News reported:

David Boaz, an executive vice president at Cato Institute, a Washington-based libertarian think tank, said the Obama administration is now in an “awkward position” since announcing it will not continue defending the marriage act in court while promising to enforce existing federal law.

“It becomes difficult to see how you really enforce a law if defendants know that you won’t defend its constitutionality if they challenge it in court,” he said. “They’re probably thinking we can always reopen the deportation case if, ultimately, the courts make it clear that this is the law and it should be enforced.”

It is likely that DOMA will fall in the courts, and there are several different cases going on currently with regards to it. How they play out will depend upon the various different cases that are out there currently. In fact, one of those cases was an accidental DOMA decision where a bankruptcy court declared the law unconstitutional. That ruling has been appealed by the Federal government.

Given the fact that the House is far from likely to take up the UAFA, DOMA being declared unconstitutional is likely to be the only hope that these families have.

Immigration Equality Action Fund has pledged support for the LGBT-inclusive reform bill introduced by Senator Robert Menendez as well as co-sponsors Senate Majority Leader Harry Reid, Senators Richard Durbin, John Kerry, Patrick Leahy, and Chuck Schumer. The IEAF advocates for the equality of LGBT and HIV-positive immigrants and their families.

Rachel B. Tiven, the group’s executive director, stated:

“Immigration Equality Action Fund is ready, willing and able to rally the LGBT community, and our families and allies, in support of Senator Menendez’s bill. Today’s bill is supported by the top Democratic lawmakers in the Senate, including the Chairmen of the Senate Judiciary Committee and the Immigration, Refugees and Border Security Sub-Committee. We stand with them, and our allies in the LGBT and immigrant communities, in supporting reform that honors all families and offers an inclusive vision of America.”

The UAFA will pave the way for LGBT Americans to sponsor their same-sex partners into the country. The DREAM Act is suppose to provide a path to citizenship for young women and men who enlist in the US armed forces or who get a degree from a US-based institution of higher learning. Both of those bills would actually cover many LGBT people who want to enter the United States.

According to the IEAF’s press release:

Tiven noted that Immigration Equality’s legal team is currently working with couples across the country who are facing imminent separation. The organization has called on the Department of Homeland Security, and the Department of Justice, to halt the removal of LGBT spouses. To date, the Administration has declined to do so, and a New Jersey couple — Richard Dennis and Jair Izquierdo — were recently separated when Izquierdo was deported to his native Peru. The couple, who have been together for six years, are now fighting to reunite in the United States.

Tiven also stated:

“No one is served by tearing American citizens apart from their spouses. The immigration system is decimating families, forcing American citizens into exile and draining the talent and resources available to American businesses and communities. Comprehensive reform is overdue and must be given priority in Congress now.”

“As Congress considers legislation to end the unconscionable separation of American citizens from their loved ones, the Administration must also commit to a moratorium on forcibly tearing apart families who would be eligible for relief under this and other bills.”

The Obama Administration has not been willing to go to the mat for LGBT couples on this issue, and have not halted the separation of bi-national couples.

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
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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
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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
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twitter @oblogdeeoblogda

Melanie Nathan – April 14-2011

Congressional advocates for LGBT immigration reform launched a ridiculous strategy on Thursday with the reintroduction of the Uniting American Families Act. The only sensible piece of the strategy being  the release of a letter from 48 House members urging the Obama administration in part to suspend deportations faced by married gay spouses.  This launch however is little different to the past 16 years of fighting for Reform in the arena of green cards for same sex couples.

The Thursday letter from Rep. Zoe Lofgren of California and Democratic colleagues called on Atty. Gen. Eric Holder and Secretary of Homeland Security Janet Napolitano to mitigate the discrimination faced by binational married couples following the administration’s February announcement that it considers the Defense of Marriage Act to be unconstitutional. The 1996 law bars married gay couples from the citizen sponsorship rights afforded heterosexual married couples.

The release of the letter was timed with the reintroduction of UAFA, which would help keep most binational couples together by making family-based immigration inclusive of same-sex partners of U.S. citizens and permanent residents. The reintroduction of the UAFA makes no sense to me and is a derivative of the Immigration Equality lobby and quest for survival of the organization.

Two reasons:
1. They already had UAFA caste for success back in 2009 – with a record number of co-sponsors and a majority on both houses with President Obama at the helm. What happened – they tied UAFA to the quest for comprehensive immigration reform (CIR)- spent our  donor money on schmoozing immigration  Latina groups and landed us in the lame duck session in a rah rah for the DREAM ACT – pursuant to their newfound aliances which served to exclude UAFA from its only possible chance of succeeding as a stand alone Bill;

2. Now the climate is different – while DADT has passed and DOMA is up for repeal – why are we wasting time with UAFA- when in fact DOMA will accomplish much more.  We do not need UAFA if DOMA is repealed. Additionally UAFA is not in good shape. Now that marriage is available to same-sex couples in some states, UAFA must change its language from the OLD version – to make way for a more definitive contractual nexus between the parties, otherwise Senator Feinstein will NOT sign on to it.  I have explained this concept in numerous articles.

That said instead of pursuing UAFA – all that energy by Immigration Equality and other organizations should rather be put into special interim Visas for Binational couples – Sunset Visas, similar to the R1 Visa Program and Fiance Visas worded differently to use terms like contractual nexus instead of marriage.

I have no doubt unfortunately – that all the gay.in organizations are going to do follow the Pied Piper  again and assume that the immigratin equality lobby knows what they are doing. It is up to binational couples to YELL reintroduction of UAFA is not good enough, hopeless and a waste of time.

VIA THe Advocate:- ” Lofgren, ranking member of the House Subcommittee on Immigration Policy and Enforcement, called on the Department of Justice and DHS to suspend deportation proceedings and a put a temporary hold on green card adjudications for gay married couples pending either legal resolution or legislative repeal of DOMA.

“Taking these steps would not flout or disrespect existing law, as it would not provide permanent immigration relief to married couples of the same sex, currently prohibited by Section 3 of DOMA,” Lofgren wrote. “Rather, it would prevent the potentially irreparable harm that would be caused by application of a law that is currently under review by the courts and the U.S. Congress.

“As the country grapples with the question of whether DOMA is constitutional and should be the law of the land,” Lofgren continued, “we ask that you take steps to temporarily preserve the status quo and protect American citizens and their spouses from avoidable harm.”

Lofgren’s letter follows a similar one sent to Holder and Napolitano last week by 12 senators, including John Kerry of Massachusetts and Kirsten Gillibrand of New York, urging relief for such couples.

But thus far the administration appears unwilling to do so. Asked whether DHS has responded to the senators’ letter, DHS spokesman Adam Fetcher told The Advocate in a statement, “The administration will respond to the members of Congress directly. Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the Executive Branch, including DHS, will continue to enforce it unless and until Congress repeals it or there a final judicial determination that it is unconstitutional.”

TIME for some real leadership on the part of LGBT organizations and advocates.

NOTE MY POSITION: I support Comprehensive Immigration Reform.  I Support the repeal of DOMA. I applaud the reintroduction of ENDA today.  I m angry at the wool over the eyes introduction of UAFA. I want a special VISA NOW for couples in same-sex marriages/ civil Unions/ and fiances.

This administration ought to be ashamed of not having supported and effected this RIGHT before the Republicans took over the House! Advocates in the LGBT organizations – please wake up and change the strategy NOW!

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

Suffredini points out that, while Brown’s support for the repeal of DADT (though he backed off of it until almost the last minute) is admirable, there is a lot more to be done. She writes:

Rates of HIV infection are high in our community (New Bedford ranks 11 on the list of the state’s 20 communities with the highest rate of HIV infection diagnoses), while funding to fight this pandemic is stagnating at current levels and decreasing. It’s legal to fire someone because of their sexual orientation in 29 states, and because of their gender identity in 38 states, including Massachusetts.

Same-sex couples can marry in only five states and the District of Columbia, but no marriage is yet honored by the federal government. Healthy People 2020, the federal government’s ambitious 10-year agenda for improving the nation’s health, identifies significant health care disparities between the LGBT community and the general population ranging from higher rates of substance abuse and obesity to lower rates of health care access. And it’s now unmistakably part of the public consciousness that anti-LGBT bullying is leading some LGBT youth, and those perceived to be, to end their lives.

She also points out that Brown could support the passage of the federal Employment Non-Discrimination Act, the Uniting American Families Act, the Student Non-Discrimination Act, the Safe Schools Improvement Act, the Every Child Deserves a Family Act, and the Respect for Marriage Act (which would repeal the Defense of Marriage Act)

Brown is playing it cagey right now. The reality is that the LGBT Community is more interested in support from either party, but those in the Republicans are often the most vocal against the LGBT Community. They have often used LGBT Americans as a platform to gain power, including a push to make same-sex marriage and civil unions illegal in as many states as possible back in 2004. Brown’s support for the repeal of DADT was tepid at best. He said he supported it, but refused to vote for it until the Democrats did a lot of jumping through hoops in order to get it to pass at all. This occurred despite Republican attempts to force the Democrats to abandon it.

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

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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

_________________________________________________________________________________

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_________________________________________________________________________________________________________

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

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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)

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

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

Despite the probably inadvertent admission that immigration equality for same-sex couples is dead in Comprehensive immigration reform by its lead proponent Immigration Equality,  their Blog Posts continue to promote the failed strategy;  clearly they are not changing their strategy in the wake of the serious changes in the political climate.

Immigration Equality is asking you to contact your Senators to Co-sponsor Comprehensive Immigration reform Bill by Sen Menendez; and this  makes absolutely no sense during the lame duck session; in fact the very suggestion is lame!

Again the LGBT community is being misled by IMMIGRATION EQUALITY –

How would it further the interests of the Binational UAFA community who are desperate for solutions and green-cards now?  We all know that Rep Guttierrez has promised to add the UAFA piece, which will provide green-cards for same-sex partners and spouses, in the House version of Immigration Reform, – but that has yet to happen.  So why promote calling your senators for a larger bill that will never get passed the house this session and next session, upon their own admission?

The big question is what the heck is IE thinking?   I am banned from commenting on their site and they consider me persona non grata; so maybe my readers can ask the pertinent questions of them!   Am I the only one writing about this? Still?

Rachel Tiven herself said that CIR will be tough to pass in this new Congress, and impossible for at least a year!

This is what I found on their website as the only call to action for same-sex couples at this time:

“By Julie Kruse on 11/09/2010 @ 08:49 AM –    Last week, many of you joined us on our post-election conference call to learn about what Tuesday’s vote means for our families. The short answer is that the new Congress will bring new opportunities, and new challenges.

Our work to seize those opportunities, and meet those new challenges, begins today.

For the first time ever, LGBT immigrant families are included in broader reform legislation. The Comprehensive Immigration Reform Act of 2010, sponsored by Sens. Robert Menendez (D-NJ) and Patrick Leahy (D-VT), is the first comprehensive Senate bill to include our families.

It is imperative that we stand with our champions in Congress and build support for this critically important legislation.

Please call your senators today, and make the following ask:

Please co-sponsor the Comprehensive Immigration Reform Act of 2010 (S 3932). This bill will allow gay and lesbian Americans to sponsor their foreign-born partners for immigration.

Then, once you’ve called both of your Senators, tell us how it went!

Now, more than ever, we must ensure our voices are heard on Capitol Hill. By calling your Senator today, you can help us put lawmakers on notice that, regardless of which party is leading Congress, our families want – and need – LGBT-inclusive immigration reform now.

We will continue to make progress in Washington, but we can’t do it without your help. Please take a moment — right now — to call your Senators and urge them to co-sponsor this important legislation.

Join us, and demand change in this Congress, this year. We can send a strong message to Congress that our families will not step down, will not rest and will push – every day and with every lawmaker — for immigration reform that helps all families.

Call your senators today!

What I do not understand is why they are not calling for the urgent stand-alone or bilateral  legislation to include UAFA on its won or with DREAM Act for immediate passage in the Lame Duck Session, even at the risk of a loss?

CIR will not pass according to Immigration equality itself; so why are they calling for this action unless it is to continue to pander to the larger immigration alliances that they have made with promises of delivery  of co-sponsors.  It  was Julie Kruse herself, who told me back  in June 2009, when I disagreed with the UAFA being sold an  Immigration reform focus, that they had offered immigration allies the LGBT co-sponsors on the UAFA Bill, which happens to have more congressional sponsorship than any other LGBT legislation, as a means to get traction for UAFA and the Immigration community’s needs.  But that after over a year has not worked.

To my way of thinking  the Call to action ought to be – CALL YOUR CONGRESSIONAL Reps and Senators and URGE them to pass Uniting American Families Act (UAFA) in the lame Duck Session as a matter of extreme Urgency.

Call Senator Leahy’s Office and ask what ever happened to the Senate Judiciary Committee Hearing where Shirley Tan Jackie Speier, Jerrold Nadler and Julian Bond (NAACP) testified? What can he do to push UAFA into the lame duck session?

Call Chuck Schumer and ask him the same question?

Call Senator Gillibrand – she too is a great Ally – be sure to ASK FOR UAFA in the lame duck.  Same Sex Greencards are Nor on  the Agenda at this time and Immigration equality ought to be advocating voraciously on behalf of destitute couples, as a matter of extreme urgency.

Lezgetreal is asking all the LGBT Bloggers and organizations to Request this as an Urgent Call to action… what do we have to loose?  Another ten years ?

I am also recommending that we change the language to language the American public understands.  The word UAFA means a lot to our community but nothing to America; the same with bi-national – all key words. Lets start sayijng we want Green-cards for Same Sex Couples and it WILL change the American conversation – no one wants to endorse Americans in exile – yet most Americans and even the majority of Gay Americans have no idea that this inequality exists as a result of , inter alia, The Defense of Marriage Act.

A thought – Maybe they should take DADT, UAFA and DREAM ACT into as Lame Duck Session as a tripartite plan!

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Related articles

• Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief (lezgetreal.com)
• Immigration Equality Interview Fails to Appease Same Sex Couples (lezgetreal.com)
• What next for Immigration Equality – Binationals are Concerned (lezgetreal.com)
• Rumors UAFA to be Introduced with Senate Inmigration Reform Bill (lezgetreal.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

Melanie Nathan – October 25-2010 – HRC’s Joe Sainz on MSNBC

Monday, Joe Sainz from The Human Rights Campaign, made a sustained and decent appearance on MSNBC Newsnation – In an interview Sainz referred to the fact that the LGBT community is disappointed in this Administration. He noted that this President has done more for LGBT community than any other in history, but that gays lesbians and transgender people are still denied fundamental rights such as job protection and the right to love the person of their choice.

He urges the gay people to come out and vote Democratic, as the ticker displayed words “we will NOT donate/ but we must vote democratic.

When asked if gays would be voting democrat simply because there is no better choice, Sainz made it clear that the GOP – Republican Party- would be a disaster for LGBT equality and our fundamental rights and that if Dems did not continue to control Congress, we could see a reversal in the progress he asserts has been made.

Indeed there has been some progress – but truly what?   Yes we have a Hate Crimes Act- and the repeal DADT is in a mode it may not otherwise have been in – but yet to be repealed!   Yes we have gained acknowledgment and visibility from this President.  But in truth we are still second class citizens.

My perspective is one of fear – hardly something I admit to very often.   I am afraid that if we allow Republicans to take over – and I do believe we have the power to come out en masse to vote to affect the Congressional stack- then we are truly screwed for six or more years; UAFA will not pass through with Immigration reform, or at all, DOMA is firmly entrenched, DADT will go nowhere, ENDA stays dormant – and all the President will be worth is a veto signature – for the time he has left in the White House.

My fear extends to a vote at all – as I am feeling – what choice DO we have – do we sit at home and say “see I told you – DEMS we could have made an impact but we stayed home; OR do we go out and vote and say look we helped you stay in and now we are begging yet again?  Will any single democrat remember that we showed up on this crucial Nov 2nd date 2010 – when we knock on their door for a Private Bill because there is no equality in immigration and so NO law  where an American Partner  can Petition for green card /immigration for a foreign same-sex spouse?

Well bottom line – indeed we have no choice – we must vote Democratic and we MUST go out and vote and there is one simple reason for that – it takes all complexity out of the decision – the simple fact is we MUST stand up for what is right we  must stand up for social justice – for equality- not voting for a democrat and not volunteering to get out the vote for the next 8 days is tantamount to giving up on what we believe so strongly in. A victory for Republicans endorses their belief that we are nothing more than a wedge issue that works for them.  I will not participate in that mindset by staying home and I I hope I can influence you to feel the same way!

Even though I am ashamed of this Congress and the President’s inability to push us into an equal citizenry, I will do all I can to get out the LGBT and ally Democratic vote – and the reason I am doing it – is as I said simple – we must keep our allies in Congress and we do have allies, we must bolster their numbers, not decrease them and then we must hold their feet to the fire and aggressively seek progressive democrats over the next years, making it very clear that we do have an enormous amount of power and and EQUAL VOTE!

Get out the Vote Queers and note the specific State  Senate Representatives  where failure is political suicide for LGBT rights:-

Nevada, Harry Reid
Philadelphia – Joe Sestak
California- Barbara Boxer
New York – Kristen Gillibrand

by Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

Related articles

• San Francisco Chronicle Snubs EQUALITY in Non-Endorsement of Boxer for Senate (lezgetreal.com)

John McCain recently made a surprise visit to Vermont to stump for Len Britton, the Republican opponent of long term incumbent Democratic Senator, Patrick Leahy. Britton’s entire campaign is running on federal Deficit, Small Business and Health care; ho hum!   Not a darn word about the fact that millions of Americans and their partners/ spouses are unequal, treated as second class citizens. Senator  Patrick Leahy, long time LGBT equality champ,  has been raising funds to counter the push by Republicans to acquire his seat.

In June of 2009, Senator Leahy brought the Uniting American Families Act, introduced by Congressman Jerold Nadler, earlier that year, to the Senate Judiciary Committee for an historic hearing, where Shirley Tan, the Lesbian mother who had received a reprieve from deportation through the very rare introduction of Private Bill #867, introduced by Senator Dianne Feinstein on her behalf, gave moving testimony which brought UAFA that much closer to possible passage and sparked the legitimacy for the many Congressional co-sponsors to sign on.

At the time I had the great privilege to spend time with the Senator when he hosted the Tan-Mercado family in his DC office.  Signing Batman posters (he had a Cameo Spot in the movie,) the Senator was engaging, kind and gentle with the young sons of Shirley and Jay, who had just gone through a very emotional experience in the hearing. He took us into his office proudly introducing his own children and grand kids through the pictures displayed in his office and on his computer screen. This Senator is irreplaceable in the hearts and minds of our lesbian, gay, bisexual and transgender community. He must remain as such in the Senate.

Send your few dollars to his campaign, please – so he can stay seated where he belongs, as a champion for equality, because that is who he is!

His Campaign sent out an email today noting that the Vermont Democratic Party needs more resources to turn out the Democratic voters to win on Election Day — and they’re facing a key fundraising deadline at midnight tonight.

Senator Leahy will match every dollar you contribute before midnight tonight.

Please contribute $25 before midnight to stand up to John McCain and send Patrick Leahy back to the Senate.

John McCain didn’t swoop in for long on Tuesday, but he did stay long enough to speculate: “There’s a growing perception that this could be one of the sleeper races of the country…”

LGBT Gay community help prove  “ Anti-DADT-Repeal” John McCain wrong, because success for Senator Leahy hinges upon the VDP’s ability to turn out Democratic voters on Election Day.
Please take a moment to contribute before tonight’s midnight deadline.

BY Melanie Nathan
Nathan@privatecourts.com
@oblogdeeoblogda

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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.

Related articles

• Explosive: Does Immigration Equality Hold Future of UAFA as Bi-Nationals Beg for Immediate Relief (lezgetreal.com)
• 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)

Senator Kirsten Gillibrand, the Democratic Senator from New York, who replaced Hilary Clinton’s in the Senate, has already proved her worth as an accomplished and popular senator and the polls have shown it!   After her first debate with Republican Joe DioGuardi,  the  knock-out blow has rendered the challenger still ‘out for the count,’  with a  New Survey USA Poll showing Gillibrand crushing her opponent by  an 18 Point  Lead – 54 to 36 with likely voters.

Glen Caplin, a Gillibrand spokesperson noted the defeat stating  that DioGuardi ” loves to tell us he’s an accountant, but he hates to be held accountable. In today’s debate, Senator Gillibrand held Joe accountable. In fact, she knew his record better than he did.  Joe played aggressive defense as
he desperately tried to explain why the SEC has called him a crony in a 1.7 billion ponzi scheme.”

During the debate,  Daily Kos Reports, that while Gillibrand sharply defended her record, DioGuardi generally “sounded the teabagger talking points.”

One of the most important issues for the same-sex partner community is that of immigration equality and   Senator  Gillibrand, who currently supports comprehensive immigration reform, has always been a champion for the Uniting American Families Act, a critical piece of LGBT equality legislation which is included in the  comprehensive Immigration Bill recently introduced by Senator Menendez. The senator further supports a path to citizenship, and the DREAM Act.

In contrast DioGuardi said that the government fails to protect borders, that the borders are porous, nothing should be done until looking at the entire picture on immigration, and that immigration visas should be increased to all, including to “Western Europeans who built this country.”  (Yikes unbelievable!)

To my way if thinking getting into the issues and rendering any further comparison is a plain insult to the incumbent Senator – there is simply no comparison on every level, accounting for the 26% support of Republicans currently in Gillibrand’s corner.

Senator Gillibrand remains a best friend to the LGBT community and was named one of LGR’s Heroes  in my past post “Heroes and Zeroes” for 2009.   The Senator supports all LGBT equality legislation currently in the house and Senate and considers the repeal of DADT  “a moral imperative.”

Please view the debate below :-

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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Image via Wikipedia

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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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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According to a Senate aid quoted by TPM, “We’re having this fight before November. The caucus is in agreement that this fight is a fight worth taking before the elction. You may not win but you could put yourself in the camp of fighting with the middle class.”

Pushing for the tax cut and daring the GOP to filibuster it makes the Republicans in Congress look like the toadies for the rich and unsympathetic to the working and lower classes. Given that the rich have been benefitting from the tax cuts without providing jobs, it would be an easy sell at a time when anger towards the rich is at a very high level.

The same holds true for the Defense Authorization Bill. Should that bill be pushed and the GOP filibusters it, they look like they are denying the military crucial money at a time when the United States is engaged in a difficult war and pulling back from the other front. They would also be doing so over a particularly idiotic reason since Don’t Ask, Don’t Tell, which many of them object to being repealed, is unpopular with the majority of Americans today.

So far, the only person in the GOP who realizes the trap that has been laid by the Republican’s own rhetoric that fed the Tea Party movement is Representative John Boehner, and even he knows that he can’t jump off the tiger any more.

The push can also be made to get the Uniting American Families Act into the Defense Authorization Bill and then dare the Republicans to prove that they are homophobic on the floor of the Senate by filibustering the Defense legislation over that. Melanie Nathan, LGBT private advocate and activist, says “I would hope that if in fact this Vote is delayed, that co-sponsors and supporters of The Uniting American Families ACT (UAFA) seize the opportunity to push vigorously for the inclusion of UAFA as an amendment to the Bill, in the same way as the Dream Act has been included. This is a mere matter of parity to end a glaring injustice – where gay and lesbian US citizens & legal residents are forced into exile or separation from their partners. It is the perfect compliment to DADT and DREAM and carries with it a hefty amount of support and co-sponsorship.”

It is a topsy, turvy world in politics. “Girls will be boys and boys will be girls, it’s a mixed up muddled up shook up world” as the song “Lola” goes.

Source

Sept. 19, 2010:  Melanie Nathan

UAFA needs a Lady Gaga for Immigration Equality in binational Relationships; So with this suggestion we launch this video and a new summit.

Tackling UAFA from the American Spouse Perspective:-

This powerful Video has been provided by a Binational who has been forced into exile.  This is just one of many thousands of Americans sharing her plight.  As she says, this is a little known issue and its a shame. Shame America for not taking note.

Announcement: During October/Nov, around the time when Jon Stewart and Steven Colbert do their thing in counter to Glenn beck’s ” take back America,” a very large group of Binational Americans will be in D.C. to attend the LGR  and Private Courts Inc. &  some yet to be announced sponsored summit  titled UAFA -Equality for Binational Couples, a  Summit called:  (UAFA-Parity For  American Binationals Summit; (UAFA-PABS)

There will be a panel – the largest ever – of American Partners telling their stories of separation and exile. They will sit at the same table and a film will be made of the event.  There will be other exciting compliments as well. Its time to get our Binationals Home and to stop the USA exile of it own citizens.

We are taking back our rights – this is about EQUALITY and not about Immigration per se.  We support immigration rights for everyone in the USA and sympathize with the plight of all undocumented people in the USA; however we believe that we have been terribly let down by our advocates and lobbyists.  This Video response to what is going on in this deeply sheltered avenue of Equality is extremely powerful and speaks to the current climate- where no one knows who the hell we are.

We believe bringing this to light will make many Americans ashamed – and we will work with Mainstream media to be there. This is NOT about Gay Marriage – it is merely a human rights issue and a constitutional issue – where Americans  (and legal residents) ought to be able to reside in the USA with their beloved partners.

All we ask for is Parity – parity – ‘equalness’ – equality- fairness – basic human rights!

Unfortunately the one group that purports to represent our interests in D.C. have failed us miserably.  Three people maybe plus a few made a decision back in June 2009, and it was to take ownership of the strategy for Uniting American families Act (UAFA that would give same-sex Americans (and residents) the same sponsorship rights as couples of a different gender. Immigration cane be interpreted as having  now morphed the main impetus of their fundraising strategy away from UAFA and to support asylum, with the announcement of their new Action Fund.

Binationals Immigration Equality is NOT working for YOU.  They are working for ALL the immigrants in the USA and have failed in the arena of pure equality – the very arena you all supported.  How can one organization represent our interests adequatelyin D.C. if they have spread themselves all over the place. This summit will spear Direct political action in D.C.

More sponsors will be announced in the next weeks.  If you are interested in joining the Summit- Please contact Private Courts Inc, via nathan@privatecourts.com

1. Volunteers
2. More Panelists
3. Donations
4. Sponsorship
5. Organization/ Groups who want to Join in are invited to the table -

Thanks to my hefty group of supporters it is time to take matters into the appropriate route.  Remember UAFA has more support in Congress and Senate than any other LGBT equality legislation.

Please Watch the Video below:-

Keep your eye on these pages – details will follow.  In the meantime if you are interested

by 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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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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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 Eat, Pray, Love starring Julia Roberts opened nationwide on Friday, is half of a binational couple herself. She chronicled her experience in her follow-up book Committed.

Immigration Equality has been lobbying for passage of the UAFA, a bill that would allow gay Americans to sponsor an immigrant partner for citizenship. Currently, the Defense of Marriage Act (DOMA) forbids any federal agency from recognizing married gay couples, reports OUT.

However their report fails to note that for the past year and two months Immigration Equality has taken UAFA out of the realm of a stand-alone Bill with over 120 Sponsors in Congress and spent its time and resources on the currently  nowhere journey through a very controversial crash course with Comprehensive Immigration Reform (CIR).  UAFA is an equality amendment to the Immigration & Naturalization Act.that would include committed permanent partners instead Immigration Equality has pursued the idea of including UAFA in CIR – and cost desperate bi-national couples another year- in limbo – with no guarantee of inclusion, and constant same-old promises.

The House CIR  Bill by Congressman Luis  Gutierrez  (D -IL) specifically excluded UAFA and although Gutierrez has since said in public and the press that he believes NOW (flip flop) that Uniting American Families Act should be  included in CIR  – there is no amendment or action yet in sight.

From the Senate side – we have yet to see more than a framework for the Bill, which does include mention of UAFA.

Immigration Equality assured its supporters over a year ago the CIR was imminent, yet all we have from the Senate and Chuck Schumer is yet another a campaign motivated promise in the form of a framework, clearly a rushed direct response to the recent Arizona Immigration debacle.

Gilbert will apparently join IE September 30 to talk to lawmakers about the inequity,  reports IE.

As an avid activist myself for UAFA – I am hoping that Gilbert will be a proponent for an immediate stand-alone Bill for UAFA and that while we have a majority in congress, Gay and Lesbian couples should be given priority treatment under an equality banner rather than waiting for (yes the much needed) immigration reform for all.

“In addition to being unjust and cruel and unconscionable,” Gilbert said in June, “these laws [separating LGBT families] are stupid because they are taking away some of the best and brightest minds and prospects out of the country … they are forced to do nothing but fight for their lives. And they are in a fight for their lives. And I am proud to be part of that fight; I’m humbled and honored to be part of that fight.”

Elizabeth Gilbert’s life story, the best-selling author, who traveled millions of miles in what ended up being a search for her own, centered self, caused a sensation with her diary of personal discovery, also known as Eat, Pray, Love.

The book, which became a sort of holistic prescription for self-empowerment via self-fulfillment, was passed from person to person and ended up – in a life-changing moment amidst a story full of such karmic twists – in the hands of Oprah Winfrey.

At its peak, Love was at the top of the best-sellers’ list, and was hailed by millions as the holy text for embodying “la dolce vita.” (I learned about it when a friend sent me a Barnes & Noble gift certificate, and proclaimed, “Use this to buy Eat, Pray, Love!”) Readers have debated its place in the lexicon of feminist literature . . . organized book clubs to swoon over its lush storylines . . . and spent more than a few hours daydreaming about throwing caution to the wind, and following in Gilbert’s footsteps, in pursuit of a more perfect union (with themselves).

In short order, the book’s title – Eat, Pray, Love – became a mantra for the masses. And now, it has become a Hollywood blockbuster, too.

Beginning today, movie-goers are expected to flock to theaters to see Gilbert – played by screen icon Julia Roberts – eat, pray and love her way across Italy, India and Indonesia. But when the film stops rolling, another inspiring and empowering chapter in Gilbert’s life will just be beginning: Her selfless work on behalf of lesbian and gay immigrant families.

Continue reading this article at HuffingtonPost.com . . .

So now we are still no where and Bi national couples wait desperately.  By September 30th I know two American citizens who will have already exiled for other countries, one who would have had life threatening major heart surgery without his partner at his side, and probably another 100 e-mails from 2nd class American residents and citizens.

by Melanie Nathan
nathan@privatecourts.com
www.privatecourts.com

@oblogdeeoblogda

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Melanie Nathan 7-28-2010-   Congressman Mike Honda informed Bi-national couples tonight that President Obama had stated he would rather be a one term president than fail to pass Immigration reform and Health Care Reform. That is all I truly got out of listening to a teleconference call held tonight.

The comment occurred in a teleconference call showcased by Immigration Equality, which included other  Speakers Karen Narasaki of the Asian American Justice Center, Congressman Mike Honda (D-CA), Bishop Minerva Carcaño, and families impacted by our broken immigration system.

Having listened to the call I was left with impression  that the call was more about immigration reform (on the part of the featured speakers) than about immigration equality.

Congressman Honda was unable to answer specific question pertaining to what a couple in exile could do to help push UAFA forward.  It seemed that the congressman’s recommendation would be detrimental to some couples in same-sex relationships who are living in exile. He suggested that exiled partners go to their Embassy and ask to get reunification help. While this may work in hfamilial circumstances it is extremely dangerous advice to exiled same-sex partners.  I can only say that Rep. Honda has not been well briefed nor fully informed on the plight of bi-national same-sex couples and its extensive ramifications.  It seemed he was slotting same-sex couples into the same bundle of other familial circumstances or he was talking about one and not the other.

Immigration equality ought to advise on the comment and make sure the community understands what applies to which community. it was very confusing to me and I have some experience on the issues.

The basic and obvious purpose of the call – was that we MUST pitch our member of Congress during August recess. However the question remains whether UAFA will ever really be included in CIR.  I have yet to see an amendment by Rep Gutierrez who failed to include LGBT in his House Reform Bill  but has now said we should never be excluded from reform. I heard nothing new about strategy and we still have no more than a framework by Chuck Schumer, et al.

Visit Out4Immigration.org site for information  on how to be a true grass root activist.

by Melanie Nathan
nathan@privatecourts.com

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Melanie Nathan; July 28, 2010 – UAFA Supportive Resolution On  Wilton Manors

Although he must remain in anonymous a resident in Florida, in a same-sex binational relationship, separated by thousands of miles from the love of his life,  made his impact on the hopeful passage of UAFA, the federal legislation that would give bi-national couples equality under the current  immigration law.  The Florida town, Wilton Manor passed a Resolution in support of the Uniting American Families Act , after the Mayor had been approached by the binational and it was placed on the Council Agenda.

From all Bi-nationals to the Mayor Gary Resnick, the binational community is grateful and we all look forward to your town as a future destination.

The City of Wilton Manors is approximately two square miles in area and is located in Broward County, Florida, just north of downtown Fort Lauderdale.  Wilton Manors is often referred to as the “Island City” because its boundaries primarily follow the North and South Forks of the Middle River. Ideally located within minutes of the beach and downtown Fort Lauderdale, Wilton Manors is quickly becoming the “place to be” in South Florida.

The City is nearly 100% built-out and embraces the vision of a “sustainable urban village.”   But what use would such be without recognizing that every American has an equal right to live in happiness with the person of their choice, whether of the same gender or not!

By Melanie Nathan
nathan@privatecourts.com

Thank you to out4immigration.org for all your efforts in mobilizing grassroots.

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From a pale hotel room in Cambodia, they tell their story.  From a low-rent apartment in San Diego, they tell their story.  From a couch in East Berlin, they tell their story.  It turns out that they aren’t so average after all. They are gay, yes, but unlike most couples, their life together is threatened because they are from two different countries. Tony is American and Thomas is German. As a gay couple, they are excluded from immigration rights in the US. And in this exclusionary law, their story begins.

They met and fell in love in 1993.  After a year and a half traveling through Africa and the Middle East together, their lives were joined.  Permanent.  Committed.  Both in their early twenties, they couldn’t imagine that equal rights for American gay men and lesbian women would be too long in coming.  So, they started stringing together temporary solutions to their immigration problem.

First, a student visa.  Thomas gave up his career in banking in Germany, and settled into a new life as a Community College student in San Diego.  To stretch out his time on the visa, he took class, after class, after class.  Seven long semesters, making a round-about path to an AA.  He was proud to graduate as Valedictorian when he finished his Associate’s Degree.  But that meant his time was up.

In the meantime, they have tried every possible avenue to allow Thomas to stay in the US legally.  They formed a gay and lesbian political organization to fight for rights for bi-national couples.  They tried to find a sponsor for a work visa for Thomas.  They entered Thomas in the Green Card lottery every single year. Sitting in their tiny apartment in San Diego in 2002, Tony and Thomas tell us about all of these failed efforts.

One thing they don’t tell us about is when, out of desperation, they considered a fraudulent marriage to a woman.  It is Laurelle, their long-time friend, who tells us about this.  She shares her willingness to marry Thomas, her devotion to her dear friends, to do anything to keep them in the country.  But the risks are great.  More daunting than facing prison, deportation, and enormous fines, if Thomas married Laurelle, they would all three have to live a lie.  Briefly, for a fleeting few weeks, these risks seemed like they might be worth it.  In the end, it is Tony who says no.

So, Tony and Thomas embark on their next strategy for staying together: moving to Germany.  But before they go, they have to say goodbye to their life in California.   Tony’s mom Freda and step-dad Ken are heartbroken.  But brave. We meet them in their living room and they tell us their story.  They too are a bi-national couple.

Torn from their family in California and battling to come home, they can only wait outside its borders, hoping for equal rights to be granted.  Now, at age 40, they live their lives as nomads, perpetually traveling the world.  They have little left but the road.  And an angry kind of hope. Follow their 16-year journey of immigration struggle and exclusion.

A Film chronicles this horrendous inequity and the journey of this couple; Directed by Prof. Lisa M Nunn, PhD Director/Producer of “Excluded” Professor of Sociology, University of San Diego. In a comment to lez Get real Professor Nunn said, “I am glad to hear that you think the movie might be a useful tool for education and advocacy.  Please do keep in touch. I know how much it means to Tony and Thomas to hear from people who truly understand their difficult situation.  Thanks for your encouraging words. ”

Watch the movie online for free at:  www.excludedthemovie.com
and follow Tony and Thomas on their travel blog as they roam the world:  www.contemporarynomad.com/blog

Per Melanie:

PLEASE Ask Congress and Obama to support UAFA  (The Uniting American Families Act) as a stand alone BILL in this small window of opportunity.  It is time to show why RELYING on being included in CIR is tenuous to say the least. There is plenty of evidence at this TIME to prove this…. Also please how about a special VISA -? See my Petition and SIGN. (Change.org – Melanie Nathan Special Bi-national Visa Petition)

By, Melanie Nathan
nathan@privatecourts.com

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San Francisco- Pushed into a corner by a bunch of self confounding dumb idiots who purport to represent us from LGBT groups to Congress and back again.  I AM mad as hell. I am sick of story after story while these people treat us as if we are the space junk. I am screaming in this piece and a letter to Obama,

Please read and help me get the unangry ANGRY because that is what it is going to take.

“When it comes to immigration reform, the people who count first on this topic, to my way of thinking, are those who under current law are not treated equally. Yet President Obama has seemingly provided the visual for the year long covert alliance-making between the various religious groups and the Administration, the Politicians/ Senators such as Chuck Schumer, Congressional Flip-Flop Gutierrez, all which reflect a myriad of alliances, which in my estimation points to an attack, not only on the LGBT quest for equality, under current immigration law, but also on our factual existence as couples with a right to happily call our American Country, home!” …http://lezgetreal.com/2010/07/scream-president-obama-act-now-for-binational-same-sex-couples/

FEATURED COMMENT – “Bottom line, the greater majority of the GLBT community does not know about us or the difficulties we face. Or worse, if they do know, they don’t care. Were a minority within a minority. I hear ‘youre too small to worry about now’ all the time. As Jennifer White stated earlier, we are very divided and nothing will happen until were absolutely united on ALL discrimination. Even groups like GetEqual, they protest DADT and ENDA but I have yet to hear them utter one word about the UAFA bill. I’ve e-mailed them about it, asked why and I hear nothing. Earlier this year I believe, Michaelangelo Signorille of OutQ on Sirius Radio was having a GLBT summit in DC with various other bloggers and orgs. Pam Spaulding of ‘Pam’s House Blend’(love her), was also there. I was one of the first callers since I wanted to ask the HRC and everyone else there about the UAFA and why no one was puching it. The response from the screener left me speechless. She didn’t know what this ‘uniting families bill’ was and didn’t I know we would be talking about GAY issues! When I replied that how can this NOT be a gay issue she simply said they weren’t talking about it and hung up. THIS is the place were in and I am out of idea’s on how to get out and more visible. When I hear the lack of understanding or empathy by the great GLBT community, it always sends me into a rage. They simply do not care about how hard our lives are and that is a disgrace.

I hate living in fear of never seeing my partner again. I have such anxiety and frustration every day, I can’t sleep much, my mood for the most part is just down and defeated. Quite honestly, I feel like a bit of cow manure under someone’s shoe.

This may be unpopular and I could be wrong(I hope I am), but I don’t think the UAFA bill has a chance until the CIR bill passes and at least a year goes by before it’s ammended to incluse binationals. Maybe I’m just too jaded but I don’t see the Dems sticking their necks out for us. I REALLY don’t see the GOP doing anything for us anytime soon so as ususal were stuck between a rock and and an impossible situation.

Thank you Melanie for your SCREAM. We all scream with you!”

GO HERE TO SCREAM

When it come to immigration reform,  the people who count first on this topic, to my way of thinking, are those who under current law are not treated equally, yet President Obama has seemingly provided the visual for the year long covert alliance-making between the various religious groups and the Administration, some Politicians/ Senators such as  Chuck Schumer,  Congress Flip-Flop Gutierrez, which reflects a myriad of alliances, which in my estimation points to an attack, not only on the LGBT quest for equality, under current immigration law, but also on our factual existence as couples with a right to happily call our American Country, home!

“Normally on the opposite side of political issues backed by the Obama White House, leaders are aligning with the President to support an overhaul that would include some path to legalization for illegal immigrants already here. They are preaching from pulpits, conducting conference calls with pastors and testifying in Washington — as they did last Wednesday,” reports Laurie Goodstein for the New York Times.

Noticeably at the end of the New York Times Piece is a little reference to the BIG caveat

“But Mr. Blackwell  said  although Evangelicals will board the boat for  Comprehensive Immigration reform the whole effort could implode if the final legislation extended family reunification  provisions to same-sex couples where one spouse did not have legal status. For evangelicals, he said, “That would be a deal-breaker.” (hidden in the crevice of a final statement to the entire article.) Translated by Me as follows:  ” WE THE RELIGIOUS – Who proclaim G-d our exclusive ally, will be compassionate to the immigrants as long as they are not gays and lesbians.”

Gay Couples are separated from bi national loved ones, or who are forced  as Americans by Americans into exile!  But who cares- Jerold Nadler does! But who else and if you do Where the heck are you?’

This is for you President Obama- our own LGBT activists have messed us up in the most scary fashion. Why should we bi national  couples become the pawns and tools of people’s mistakes and political careers.

religious leaders – Compassion be damned!  Gay Rights Advocacy Groups – Where are our rights under current law?  Did any of you truly believe that we would be anything but scapegoats or political pawns under comprehensive Immigration reform? Feigned victories by our gay and lesbian organizations, while so many dwell in hell.

Be not surprised – you were all warned. But instead you read the Advocate, Pam, Bilerco , Huffington Post and nod and say thanks and lick each other’s ego’s to the stale scent of lets ask no ” real questions.”

Others –  and you all know who you are have rarely done more than serve as parrot or space for the likes of Immigration Equality’s- (self professed as the Pre-eminent Immigration equality organization) life altering mistake and insincerity.  Pam’s Blend houses Steve Ralls, of Immigration Equality,  and she has never questioned his or IE’s strategy of shooting us in the heart and soul of UAFA as a stand alone, by trying to run after those who we know hate us. That group has spent your money making alliances with those who are stabbing us in the back as we speak!

Now as I continue to make enemies as I speak my heart -

This dearth of sanctified online high profile real estate and the writers that service it spew the strategy of Immigration Equality, without question or even understanding.

Banned from commenting on the truth at Immigration equality BLOG – and failure to silence me on Lezgetreal -  I am upping the ante.

This report from the New York Times endorsed my fear and validates my advice to Immigration Equality one year ago, NCLR since and other groups, NOT to endorse or follow the dangle of ‘Comprehensive Immigration Reform” carrot, but to rather keep the Uniting American Families ACT as a stand-alone Bill with EQUALITY the issues as opposed to jumping in on what was bound to be a huge immigration controversy immigration option for same-sex couples denied immigration parity under the Immigration and Naturalization Act.

But some evangelical leaders said their latest strategy was to push a handful of lame-duck Republicans to join Democrats — probably after the midterms — to pass an immigration bill on the ground that it is morally right.

Although other religious leaders have long favored immigration overhaul — including Roman Catholics, mainline Protestants, Jews and Muslims — the evangelicals are crucial because they have the relationships and the pull with Republicans.

“My message to Republican leaders,” said the Rev. Samuel Rodriguez, the president of the evangelical National Hispanic Christian Leadership Conference and one of the leaders who engaged his non-Hispanic peers, “is if you’re anti-immigration reform, you’re anti-Latino, and if you’re anti-Latino, you are anti-Christian church in America, and you are anti-evangelical.”

Evangelicals at the grass-roots level are divided on immigration, just as the nation is. But among the leaders, recent interviews suggest that those in favor of an immigration overhaul are far more vocal and more organized than those who oppose it, as long as the queers are out! Of course!

Their presence was a testament, in part, to the work of politically active Hispanic evangelical pastors, who have forged friendships with non-Hispanic pastors in recent years while working in coalitions to oppose abortion and same-sex marriage. The Hispanics made a concerted effort to convince their brethren that immigration reform should be a moral and practical priority.  Hispanic storefront churches are popping up in strip malls, and Spanish-speaking congregations are renting space in other churches. Some pastors, like Mr. Hybels, lead churches that include

Congress is unlikely to pass an immigration law this year. Republicans and Democrats who face re-election in November are skittish about the issue, given the broad public support for Arizona’s new law aiming to crack down on illegal immigration. Say the piece – I believe we would be lucky if it were to ever happen.

The Article insulting to say the least – as is every single piece that is written that fails to acknowledge the importance of our LGBT bi-national plight.

More of the NY Times Piece – “These cross-cutting clusters are just splinter groups, so far,” said Larry J. Sabato, director of the Center for Politics at the University of Virginia. “Support for the Arizona law is so strong within the G.O.P. that it will be difficult for the comprehensive-immigration-reform evangelicals to have much short-term impact.”

The support of evangelical leaders is not yet enough to change the mess of the mass. But they could mobilize a potentially large constituency of religious conservatives, an important part of the Republican base better known for lobbying against abortion and same-sex marriage. They already threaten the party’s near unity on immigration. “

So while they mobilize and align for support, we the LGBT community become the scapegoat, as I predicted in my Article in mid 2009, which I shall reference here again.   Again I cannot scream loud enough we need a movement not three career boost seekers making political moves for an huge politically marginalized  group such as the bi-national gay and lesbian community.

All hope that is there is gone unless we get an , a special visa, repeal of DOMA, UAFA as a stand-alone – or an Amendment to the Civil Rights Act.   But alas I fear these mere benchmarks fail to serve the immediate needs of those living the hellish life of a gay or lesbian bi-national.

So all I can think of is an Executive order –

Dear President Obama:

I am so angry and I cannot express it without a SCREAM such as the one above! I am so tired, so tired. I ask one question of you Mr. President.  How can you continue to condone the separation of LGBT families through inequality under the Immigration and Naturalization Act?

It is one thing that we cannot marry and I know you campaigned against Gay Marriage per se; but Sir,when you told us we deserved equality and we worked crazily for your election, and voted accordingly, was it you intention to keep Americans exiled from their own countries and from their partners, whom they would marry if the could?

Mr. President, Sir – please if all you do is make one executive order for us – let it be simply to allow gays and lesbians who are in permanent partnerships with some form of contractual nexus to be included in the current Immigration and Equality Act.

Please!

Sincerely,

Melanie Nathan and Signed tacitly : 36,000 suffering Americans.

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Melanie Nathan 7-16-10

UAFA Supportive Resolution On  Wilton Manors Council Agenda for Agenda for July 27 – 2010

The City of Wilton Manors is approximately two square miles in area and is located in Broward County, Florida, just north of downtown Fort Lauderdale.  Wilton Manors is often referred to as the “Island City” because its boundaries primarily follow the North and South Forks of the Middle River. Ideally located within minutes of the beach and downtown Fort Lauderdale, Wilton Manors is quickly becoming the “place to be” in South Florida.

The City is nearly 100% built-out and embraces the vision of a “sustainable urban village.”   But what use would such be without recognizing that every American has an equal right to live in happiness with the person of their choice, whether of the same gender or not!

A UAFA Activist and Florida resident approached the Mayor of the small town, Mayor Gary Resnick, and told him that he had been prevented from living in this this gorgeous town with the love of his life because the federal government would not allow him to sponsor his beloved for a green card, they were of the same-sex.

Unfortunately the resident, Ken, lost his relationship because the couple was unable to sustain the distance for, inter alia, financial and medical reasons.

But this did not stop the American bi-national from becoming his own force in the fight for all the other binational same-sex couples.  He approached the Mayor and today I received this message:

Hi Mel,

I have been after Wilton Manors  to pass this UAFA resolution. I am so happy. This is what I got from the Mayor today. This makes my weekend !

Thank you for all you do!

“Hi Ken

Thank you for your message. Our resolution supporting this Bill will be on our July 27, agenda. If you like, you could come to the Commission Meeting, 7 pm, and in the hearing from the public portion, voice your support for this Bill and I’ll be happy to recognize you. Thanks again.

Gary Resnick
Mayor”

The website for the town asserts  “Diversity is the strength of Wilton Manors.  Children from many different ethnic backgrounds attend Wilton Manors Elementary School; the City’s Police Department employs African-American, Haitian, and Hispanic officers; and the City Commission includes openly gay elected officials.  Wilton Manors is ideally located, poised for redevelopment, and encourages diversity.  Come and join us in the “Island City” and be a part of a diverse “sustainable urban village”.

So thank you Mr. Mayor Gary Resnick – we trust that your Council will support the resolution for the passage by the Federal Government of The Uniting American Families Act and / or its inclusion in Comprehensive Immigration reform, that which impacts one of the most pervasive forms of inequality in the United States of America and hence your beautiful town – which one day I hope to visit.

A native of New Jersey, Mayor Gary Resnick was first elected to the City Commission in March 1998. In March 2000, the City Commission unanimously selected him as Vice Mayor. Gary was re-elected to the Commission in March 2002 and in March 2006, prior to being elected Mayor in November 2008.  Mayor Resnick graduated from Bucknell University in Pennsylvania with a B.A. in Economics and received his Juris Doctor with honors from Rutgers University School of Law .

By Melanie Nathan
otherwise known as Mel
nathan@privatecourts.com

follow Mel on twitter @oblogdeeoblogda

Note:  If you are interested in approaching our Town for a Supportive resolution contact Amos Lim at www.Out4Immigration.org

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Will the White House look at any last ditch effort to influence this sitting Congress, which we know for sure is intending to ignore the pursuit of comprehensive immigration reform in 2010.  Perhaps it will shake hands with Harry reid over his commitment to two weeks ago to force a Senate floor vote on the so-called Development Relief and Education for Alien Minors Act, or Dream, which allows illegal aliens who entered the US as children to transition to legal residency on the condition that they agree to attend college or join the US military.

So now activists in the realm of Immigration Reform are much focused in their advocacy on Dream Act, which has 105 sponsors in the House, and 35 in the Senate.

It’s also included in the latest comprehensive immigration reform proposals promoted by Senator Charles Schumer (Democrat, New York) and Senator Lindsey Graham (Republican, South Carolina), and was recently endorsed by the White House. Despite having been introduced as a stand-alone bill as far back as 2000, though, neither the full House or Senate has ever voted on the measure.

However, it would seem that media, Reid and activists alike are specifically ignoring the power potential of UAFA and all its large co sponsorship.

Reid made the commitment to activists after he decided not to offer Dream as an amendment to the 2011 Defense Authorization Act, the broad bill that Congress uses to establish its annual framework for defence spending. Leading Senate Democrats, including Robert Menendez (Democrat, New Jersey), the Senate’s lone Latino, had opposed trying to pass Dream as an amendment, arguing that it would hold up passage of the defence bill, and that a failed push would only make it harder to get Dream passed later.

Reid suggested that he was prepared to schedule the vote as late as 18 November, which is two weeks after the mid-term congressional elections. That means Reid may be planning to convene   to allow current incumbents, especially Democrats, to vote on and approve Dream even if they have lost their bid for re-election.

The GOP, which opposes Dream as an unacceptable “amnesty”. Would obviously oppose vehemently. So the numbers had better match up. But will they without UAFA?  The Uniting American Families Act that seeks to amend the Immigration and Nationality Act to include the reversal of discriminatory LGBT immigration rights.  Who is doing what to ensure the inclusion of UAFA if in fact a separate mini-immigration omnibus were indeed a possibility.

PER UK Guardian and Stewart Lawrence:- Analysis-

http://www.guardian.co.uk/commentisfree/cifamerica/2010/jul/13/harry-reid-dream- “A complex set of political calculations appears to be behind Reid’s decision. First, Reid is still trailing Tea Party activist Sharron Angle in the polls in Nevada and badly needs a strong Latino voter turnout to get re-elected to a seat he’s held for four terms. Latinos comprise nearly 15% of the Nevada electorate, and dominate the state’s powerful teachers’ and hotel workers’ unions, which helped Obama capture Nevada in 2008.”

“Six weeks ago, Reid held a highly-publicised campaign rally in Las Vegas where he promised Latino constituents he would push for passage of comprehensive reform. The announcement shocked Reid’s Senate colleagues, who rejected the idea. By pushing Dream, which disproportionately benefits Latinos, Reid clearly hopes to keep his Nevada Latino voter support alive, but his decision to push Dream also puts him at odds with a number of his Senate Democratic colleagues.

Richard Durbin (Democrat, Illinois), the bill’s chief sponsor, is hoping to succeed Reid as Senate majority leader if Reid loses in November. Reid’s Dream push may be deliberately intended to steal Durbin’s thunder. On the other hand, Schumer, who also wants Reid’s Senate post, opposes “piecemeal” reform efforts like Dream, but appears content to let Reid and Durbin duke it out. Ever since Reid announced his Dream push, Schumer has kept a low profile. If Dream fails and Reid loses re-election, he would be well positioned to defeat Durbin for majority leader.

And then there’s Senator Dianne Feinstein (Democrat, Cailfornia), the chief sponsor of AgJobs, a bill that would allow some 2 million farm workers to enter the US as guest workers but, like the beneficiaries of Dream, eventually transition to legal residency. Feinstein wants to see the Senate – and Reid – push AgJobs, not Dream, or perhaps the two measures combined; but Reid’s not biting, and Feinstein’s reportedly fuming.”

Two other factors have likely influenced Reid’s decision. One is a recently released report on Dream by the Migration Policy Institute (MPI), one of Washington’s most respected immigration thinktanks. MPI found that only 800,000 aliens were likely to benefit from Dream, not the 2 million originally projected by Durbin and other bill supporters. That’s largely because many of Dream’s intended beneficiaries won’t be able to afford college, especially since Durbin has agreed not to include a provision that would have allowed Dream’s beneficiaries to take advantage of lower, in-state tuition rates, a real sore point with Dream’s GOP critics.

That means backing Dream will result in less than half the legalisations that would occur if Reid and the Democrats pushed AgJobs as an alternative. In the current climate, where any legalisation, even a partial one, is dismissed by the far right as an unconscionable “amnesty”, those reduced numbers count.

And then there’s the US military, which is starved for fresh recruits thanks to its prolonged counterinsurgency wars in Iraq and Afghanistan. The Pentagon’s been lobbying behind the scenes for Dream’s passage, and earlier this year, incorporated some of Dream’s legalisation projections into its own force structure planning estimates.

But in the end, Reid will still have to overcome considerable opposition to any stand-alone legalisation programme, both from the GOP that opposes any amnesty, however small, and from Schumer and some activists who still want to see comprehensive reform passed in the next Congress, and who fear that pursuing piecemeal reform – win or lose – will further undermine their cause.

These are not the only policy alternatives, however. As I argued recently in the Los Angeles Times, it might be possible to win GOP support to a partial legalisation scheme – either Dream or AgJobs – if Democrats were willing to include stepped-up enforcement (for example, a nationwide expansion of the E-Verify workplace verification system) as part of the same deal.

The final package wouldn’t be the comprehensive reform package that Democrats are still pressing for. In addition to delaying consideration of a broader amnesty, the bill wouldn’t include a temporary worker program, or a national ID card – both highly controversial items.

But unlike a single stand-alone bill, it would preserve the basic logic of comprehensive reform – start legalising those already here, while firmly shutting the door on the flow of future illegals. As an added sweetener, and to make clear the final goal, Democrats might also push for a “sense of the Senate” resolution that a broader, comprehensive bill would be addressed in the next Congress. It wouldn’t require a filibuster-proof super-majority to pass such a resolution, and it would give many fence-sitting moderate Democrats and Republicans a way to hedge their bet during this tricky election year.”

Where does UAFA stand in all this?  Where would we better off?  Who is pushing for what. Again my designation is that CIR is a dead loss and I have been sating since June 04, 2009 – Amnesty will kill it for everyone.  My odds are on a stand alone – that has been my position forever.  Instead of seeing it the other way around I see UAFA as the stand alone with tacking on AgJobs and Dream Act to add fuel to its empty tank.

Perhaps UAFA could add a smooth blend to the passage in a lame duck session called by Reid during November when the results of the general are in and those  politically expedient   who weigh their election above the needs of the people are willing to simply shove Dream –LGBT-AGjobs aside.

By Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda
FaceBook be my Friend.

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A report by    Lauren Boyer on http://www.centredaily.com/2010/07/13/2089897/council-debates-immigration-act.html reports:-

“At Monday night’s meeting, Councilman Tom Daubert questioned the resolution, authored by Councilman Peter Morris, which asserts that the borough “celebrates and respects all immigrant groups and all families.”

“I do not celebrate and respect illegal immigrants,” Daubert said.

Councilwoman Theresa Lafer told Daubert the wording implies respect for all cultures and nationalities.

“I don’t think there’s any particular group you would like to send home,” Lafer told Daubert. “I think there’s hairsplitting there that’s beyond what it meant.”

In other business, the conversation drifted from crossing national borders to cutting through borough alleys.

Council unanimously approved the vacation of Birch Alley between B and C alleys, which abuts the Towers condominium building, developed by former Penn State trustee Mimi Barash Coppersmith.

Coppersmith asked solicitor Terry Williams if the vacation gives the condominium association the right to barricade the alley so commuters don’t use it as a detour from downtown traffic.

“If you go and see it, you’ll see the tire marks and the concrete that’s been impacted,” she said. “We have quietly filled holes in that alley with stones so people who come through don’t create more problems.”

Williams told Coppersmith to consult her attorney.

“Those streets are always bones of contention,” he added. “There are innumerable cases in court about how to deal with them. Small things change the status of rights. That’s why it’s so difficult to answer citizen questions.”

Recognized streets maintained by the borough are “ordained,” said Borough Manager Tom Fountaine.

Birch Alley hasn’t been ordained for 21 years, he added.

After a request was made last year to pave the alley, staff recommended the vacation, which surrenders all responsibility for upkeep including snow removal.

In a 5-2 vote, council rejected another vacation request for North Buckhout Street, which borders the former O.W. Houts property owned by Penn State.

Council members cited need to hold off on vacation, pending the university’s plans for that land.

Daubert worried Penn State might connect North Buckhout Street to West Campus Drive. A borough ordinance already prohibits West Campus Drive’s connection to Sparks and Patterson streets, he said.

“I don’t see why the university is in a big hurry for this,” Daubert said. “If we give the university that land, they can open it up if they so desire and make that a thoroughfare on Buckhout Street.” “

Welcome to Out4Immigration’s LGBT immigration news and updates on the Uniting American Families Act (UAFA), comprehensive immigration reform (CIR) and other information for same-sex binational couples and our supporters.

LATEST ACTIONS AND UPDATES
New Orleans LA, Atlanta GA and Tumwater WA Passed Resolutions in Support of UAFA
–Out4Immigration volunteers and allies have gotten resolutions passed in three more cities. New Orleans LA, Atlanta GA and Tumwater WA now join a total of 22 other cities and municipalities whose elected officials have passed resolutions calling on their state’s Congressional representatives and Senators to become co-sponsors of the Uniting American Families Act (UAFA). These are true grassroots efforts, garnering support for this much needed change to federal law from the ground up. Can your city, county or state get behind a resolution? Click here to read more about how to pass a resolution or contact Tom Tierney at tom@out4immigration.org.

California Becomes the First State to Support Equal Immigration Rights for Same- Sex Binational Couples

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EqualityCalifornia

SACRAMENTO, June 28, 2010 – Today the State Senate passed a resolution with a 23-12 vote that included bipartisan support, endorsing a federal law that would permit U.S. citizens and permanent residents to sponsor a same-sex partner for immigration. The resolution, AJR 15, introduced by Assembly Member Kevin de León (D-Los Angeles) and co-sponsored by Equality California and Asian Americans for Civil Rights and Equality (AACRE), formally requests that the United States Congress pass and President Obama sign the Uniting American Families Act (UAFA).

Moving  testimony was provided by Gina Caprio, Melanie Nathan and Amos Lim in the California State Assembly and Senate Judiciary Committees, highlighting their personal stories and the hardship suffered by couples in same sex relationships who have been deprived of immigration equality.

“Our broken immigration system unfairly discriminates against thousands of families headed by same-sex couples by keeping them apart,” said Geoff Kors, executive director of Equality California. “It is in the hands of Congress and President Obama to end this grave injustice. We call on them to pass and sign into law the Uniting American Families Act, thus ensuring that all families, regardless of sexual orientation, enjoy the security and stability that all families deserve.”
Under current federal law, U.S. citizens and permanent residents can file visa petitions on behalf of an opposite-sex spouse. The UAFA, introduced by U.S. Senator Patrick Leahy (D-VT) and Congressman Jerrold Nadler (D-NY), would amend the nation’s Immigration and Nationality Act by adding same-sex “permanent partners” to the list of family members for whom a U.S. citizen or permanent resident can petition. The bill defines a “permanent partner” as an adult who is in a committed, intimate, financially interdependent relationship with another adult in “which both parties intend a lifelong commitment.”

“Thousands of American families and committed same-sex couples are denied basic rights and legal protections, including the ability to petition for a partner to immigrate to the U.S.,” said Assembly member De León. “They live in legal limbo and are torn apart by outdated immigration policies. In ensuring a true state of equality, Congress must take immediate steps to reunite and protect all families once and for all.”

According to the U.S. Census, approximately 35,000 bi-national same-sex couples currently live in the United States. At least 16 other nations already have immigration policies allowing the sponsorship of same-sex partners, including Australia, Brazil, Canada, France, Germany, Israel, South Africa and the United Kingdom.

There are currently 115 co-sponsors of the UAFA in the U.S. House of Representatives and 21 co-sponsors in the U.S. Senate. Endorsed by the State Assembly in September of last year, the resolution now awaits a procedural concurrent vote in the Assembly.

For more information about EQCA’s legislation, visit www.eqca.org/legislation.

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