A huge push has been evolving to condemn the impending anti-homosexuality Bill in Uganda. No compromise, whether excluding the death penalty or not, will ever consider this Bill anything but contrary to Uganda’s Obligation as a player in the international community – to abide the human rights of all individuals in its country.  Notwithstanding Uganda’s assertion that as a sovereign country it is entitled to pass such a bill, the USA,   President Obama, Secretary Clinton, Assistant Secretary Johnnie Carson, and U.S. Ambassador to Uganda Jerry Lanier have all spoken out in opposition to the bill.

” The Department of State opposes the draft Anti-Homosexuality Bill, which we view as manifestly inconsistent with international human rights obligations.  We continue to monitor activity surrounding the proposed legislation, including the public debate.”

These public statements underscore the U.S. government’s strong support of the rights of the LGBT community in Uganda and throughout the world.  It is my hope that the US government will also seize the opportunity to come out against ALL human rights infractions in Uganda at this time.  A real democracy with true opposition would not have allowed this to go this far!

We are not alone in our calls to stop this bill.  Many from the international community have also expressed shared concern about the draft bill.  And Uganda’s own Human Rights Commission issued a report in October 2010 calling the bill unconstitutional and inconsistent with international law.  Many civil society groups in Uganda have advocated against this legislation, and we continue to support those efforts.   We urge Ugandan lawmakers to reject this bill and, instead, to safeguard the human rights of all Ugandans and ensure that neither sexual orientation nor gender identity provides a legal basis for discrimination or persecution.

The White House, the Department of State, and our Embassy in Kampala have been very active in speaking up, both privately and publicly, against the bill and promoting the protection of human rights for LGBT individuals in Uganda.

Public statements by President Obama, Secretary Clinton, and Bureau of African Affairs Assistant Secretary Johnnie Carson have urged Uganda to safeguard the human rights of all Ugandans, regardless of sexual orientation. We meet regularly with human rights advocates and representatives of LGBT groups to solicit their advice on how we can best support the protection of human rights in Uganda.  This week the State Department Spokesperson told LezGetReal that they are continuing to monitor the situation closely and are reviewing how to would respond to the passage of this legislation, taking it very seriously.

“Stating our views about the draft Anti-Homosexuality Bill does not amount to meddling in Uganda’s parliamentary affairs.  Our statements are grounded in international human rights law and the obligations that it entails for all states, including Uganda and the United States.

If adopted, a bill further criminalizing homosexuality would constitute a significant step backwards for the protection of human rights in Uganda.  Respect for human rights is key to Uganda’s long-term political stability and democratic development, as well as its public health and economic prosperity.

Human rights are also a cornerstone of U.S. foreign policy.  The White House, the Department of State, and our embassies and consulates overseas will continue to advocate for greater respect for the human rights of LGBT individuals, and we will continue to speak up when we are concerned about abuses, such as those that would be encouraged by or follow from the legislation proposed in Uganda.”

the minute the Bill is signed into law by Museveni – is when US Congressman Barney Frank may introduce legislation into Congress to cut all aid to Uganda.

I warned Bahati that this would happen in my numerous conversations  with him – consumed by his righteousness he did not seem to care or was in severe denial of the reality.

President Zuma as a leader on African Continent must now recall Jon Qwelane the Known homophobic Ambassador to Uganda.

For more information – At  http://lezgetreal.com/?s=Uganda%2C+ LGR has a collection of articles and statements following the Uganda events all week.

SIGN THE PETITION – TELLING PRESIDENT MUSEVENI TO VETO THE ANTI-HOMOSEXUALITY BILL http://www.allout.org/petition/uganda

LISTEN TO OUR MAY 07, 2011 – Swirl Radio INTERVIEW WITH BAHATI – Michelle Meow and Melanie Nathan spoke to David Bahati on Swirl Radio, aired yesterday – and here the podcast can be found by clicking here: First the News, then Bahati- http://swirlradio.com/

READ ARTICLES ON UGANDAN Kill THE GAYS BILL – all articles are located at :- http://lezgetreal.com/?s=Uganda%2C+.

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

Hardly believable to those of the comfort of our respective safety zones.  The Detainees, our brothers and sisters, victimized further by our TAX dollars!  This is an horrific outrage and it must be taken further – these are often people deserving of asylum – yet have not had the legal advice available to them during the time constraints  when asylum could have been available in each case.  These are people who by virtue of their marginalization in their homelands and exacerbated here in  our American society -  are not prone to seeking help or coming forward before they are caught and detained. They live in fear and are traumatized and we AMERICA are making it worse.

The complaint speaks for itself.

Heartland Alliance’s National Immigrant Justice Center (NIJC) submits a multi-individual complaint for 13 clients detailing civil and human rights violations committed against sexual minorities in the custody of the Department of Homeland Security (DHS).Due to the systemic and severe abuses against lesbian, gay, bisexual and transgender(LGBT) individuals in immigration detention, we urge the Office of Civil Rights and Civil Liberties (CRCL), pursuant to its authority under 6 U.S.C. § 345, to investigate these complaints, to develop and implement policies to address the violations, and to provide oversight on the implementation of the new policies.Although we recommend several incremental improvements, DHS cannot, consistent with its constitutional obligations, continue to detain vulnerable individuals whom they are unable to protect. This letter summarizes the enclosed complaints and provides recommendations to address the civil rights violations.NIJC, based in Chicago, provides direct legal services to and advocates for immigrants,refugees, and asylum seekers through policy reform, impact litigation, and publiceducation. NIJC’s National Asylum Partnership on Sexual Minorities protects the rightsof immigrant sexual minorities by representing individual clients, providing training andsupport to attorneys who serve LGBT and HIV-positive immigrants, and seeking legalreform.Complainants are 13 gay and transgender immigrants detained by DHS’s Immigrationand Customs Enforcement (ICE) at various facilities nationwide,

Civil rights complaint for LGBT immigration detainees

By Melanie Nathan
nathan@privatecourts.com
Facebook Melanie
twitter @oblogdeeoblogda
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If you had to choose what is truth or lie it is not difficult to fathom. Republicans say it is because Democrats will not curb spending and the Democrats say its because Republicans want to cut funding for Planned Parenthood’s women health programs.   Are  they not both talking about the same thing?   Tonight Government of the USA is closing shop and republicans are committing political suicide.

Senator Harry Reid and the Democratic Caucus bundled into a press room today to inform  America that  in the early hours of this morning the Parties had agreed on a number to reduce the Budget by- and that number was is 78.  But the Republicans went back and retracted the deal. Senator Reid, backed by a large caucus of Democrats spewed against Republicans, angrily outlining the impact on the Country in no uncertain terms.

It is very clear that Speaker Boehner’s “its because of spending” is so vague that it belies any reasonable human’s ability to think for themselves.  It is clearly based on the Women’s health and that will remain the legacy of this Congress.

Abortion spending is not the issue because elective abortions are not paid for by Federal Money.  It is a cut to women’s health that the Republicans want to effect, yet will not own up to it with blandly stating so – instead they remain seated in vague terminology.

They want to cut funding for cancer screening…. and more…  and more… but is that the real motive?

Just come out and say it if it is. What a bunch of lazy cowards; and if they are not simply lazy cowards then they are obstructionists at any cost – they want to see President Obama fall.  But it will and has already backfired  -HEADLINE ” Republicans Fail miserably in Congress to prevent Shutdown!”

It is ON the House and they control the HOUSE!

I believe the real motive is the Republican determination to shut down the White House at whatever cost; the unpatriotic vitriolic slamming of the President continues as an underlying motive in each and every obstructionist opportunity and what better than the budget.

I believe this is the puss at the end of the festering boil -  racism – genderism-hate -tea-bagging-  and sore loss of the presidency.

What is about to explode is the effort to defy Obama’s presidency – it is a shameful day.

Senator Harry Reid says that “all they need to do is say they will fulfill the agreement they made last night…..  The number is 78 – the deal was made last night. “  Reid says agreement was reached last night.  But now the Republicans are reneging on the number.

Tonight my daughter leaves for DC for a school tour that she has been looking forward to for a year.  She spent this year learning about USA government and how it works. Now she will learn about how is does not work?

What is the lesson she is learning?  She will see for herself – what it means to shut down the government.

However the shameful behavior of the government will not go down quietly in my home. We are going to reflect on the Republicans because they are the ones causing this and it does not have to be so – the harm in over spending is way less worthy of the fight than the harm in loss of life of women in the USA.

I am going to tell my daughter that the government shut down because they want to deprive her of her right to woman’s health services. She will remember this day and it will be a republican defeat on every level for many years to come.

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

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Stock.

Immigration Equality is a thorn in the side of all gays and lesbians seeking asylum in the USA,  -  In the realm of gay asylum,  Immigration groups and Attorneys ought to be working to establish precedents in the US to help create case law in a realm yet to be tried.   However lawyers tend to turn their backs on “losing cases” from Countries they believe to be harmless and important cases are never tried.

“I was persecuted for being fruity, a boy-girl, a fatso, a faggot — I felt like a monster,” said the man from Brazil, who reported being raped by an uncle at age 12, sexually abused by two police officers, and hounded and beaten by his peers before fleeing to the United States in 2000. “Here, being gay was my salvation. So I knew I had to put on the performance of my life.”

In a report in the new York Times, Romulo Castro considered attending his asylum interview in Rosedale, Queens, dressed as Fidela Castro, in drag, adorning six-inch stilettos, a bright green poodle skirt and a mane of strawberry blond hair. In the end, Mr. Castro, 34, opted for what he described as understatement: pink eye shadow, a bright pink V-neck shirt and intermittent outbursts of tears.

Romulo Castro, who is gay, feared deportation to his native Brazil and so his lawyer told him to “queen it up” which in essence was “be the real you!”

After years of trying to conceal his sexual orientation back home in Brazil (where Fidela stayed in the closet keeping company with his fine couture), Mr. Castro had been advised by his immigration lawyer that flaunting it was now his best weapon against deportation……. read the rest of the article here.

http://www.nytimes.com/2011/01/29/nyregion/29asylum.html?_r=3

Mr. Castro, the son of an army officer in a staunchly conservative Roman Catholic family, said he was initially advised by immigration lawyers in Washington and New York not to bother applying for asylum since he came from Brazil, a country that has developed a reputation for gay pride parades, Carnival pageantry and drag queens.

In the last year a lesbian woman in the US was turned down by the gay group, Immigration Equality the self described  preeminent LGBT immigration organization, and a bevy of Immigration attorneys refused to handle her case for asylum, citing as a major factor that she was from Country that was accepting of gays.  Yet some of these countries may assert overt acceptance, but the asylum seekers are often brutalized and tormented in their own communities, setting off a chain of victimization that often pits officials against victim rather than the perpetrator, because the society itself has an under current of hate and intolerance.

Some cases, if fully investigated and pursued by attorneys, will yield unique aspects that if tried, instead of turned away, could actually serve to set valuable precedent for gay and lesbian and transgender asylum seekers.  Each case must be dealt with on a case by case basis and I believe that immigration lawyers have sold asylum seekers short by not pursuing these cases, which they perceive to be losing cases – until they at least take the trouble to at least conduct a full and in depth interview.

In the case of the lesbian I have mentioned, after a year of searching for representation, one group of brilliant lawyers came forward and pro bono decided to take up the case which will be heard in the next few months.  While lawyers may find it financially unproductive to help people with risky cases,  at the very least organizations such as Immigration Equality should take risks of failure to chase the ultimate precedent.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Melanie Nathan
nathan@privatecourts.com
@oblogdeeoblogda

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

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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Of course, I have to point out that I have not eaten at McDonalds in over a year. This has to do with the fact that I cannot stand their food, and do not like fast food over all anyway. Besides, Vermont has a dearth of fast food joints.

However, according to LaBarbera, “McDonald’s with its high-calorie fare has always been in the business of promoting unhealthy lifestyles; now it has added unhealthy sexual lifestyles to the mix. To be sure, McDonald’s does not include promoting wholesomeness and time-tested Judeo-Christian morality among its “core values.” In a contorted defense of the fast food giant’s marketing practices, McDonald’s Chief Operation Officer Don Thompson told the Chicago Tribune in March that the French ad will not be running in the USA. But the “Come as You Are” commercial has received wide publicity and gotten over two million hits on YouTube, so that’s a small comfort to Americans who have no interest in promoting youth homosexuality when they buy a Big Mac, or a Happy Meal for their young children.”

Apparently LaBarbera needs to check the news, the mass media, and pretty much all of the internet and just shut down and become a hermit in the Sahara Desert like the hermits of old. He should watch out for some of those mushrooms though. I understand that they can lead to some interesting visions.

Of course, LaBarbera goes on to rant about homosexuality using the old stupid and debunked information and fear-mongering.

“Changeable, male homosexuality is not ‘who you are’ but is more rightly understood as a high-risk perversion – as evidenced by its disproportionately high linkage to various sexually transmitted diseases including HIV. (The ‘rate of new HIV diagnoses among men who have sex with men (MSM) is more than 44 times that of other men,’ the CDC reported in March. ‘The rate of primary and secondary syphilis among MSM is more than 46 times that of other men,’ it reported.) Getting by on the technicality that this youth-corrupting ad is only running in another (more decadent, less religious) country is the coward’s way out of a shameful PR disaster for the fast-food behemoth. And that defense has only alienated both sides of the debate: pro-‘gay’ advocates are upset that the McDonald’s-France commercial is not running in the U.S.”

Of course, one problem with LaBarbera’s contention about homosexuality is that every unbiased study into homosexuality has proven that there is no way to change someone’s sexual orientation. In fact, the ‘ex-gay’ therapies that are often pushed by men like LaBarbera are often more harmful than homosexuality can ever be. In fact, accepting homosexuality and getting rid of the social problems associated with it only help make lesbians and gays feel better and be psychologically fitter than the so-called therapies pushed by LaBarbera.

Of course, LaBarbera went on to say

“P.S. Memo to pro-homosexuality activists: if you want to negate our boycott: have at it! The Big Macs, fries and Quarter-Pounders, dripping with grease and loaded with fat-producing calories, are there to be eaten. Here’s a caloric rundown of some popular McDonald’s menu items, courtesy of Shapefit.com:

Big Mac: 570 calories
Quarter Pounder: 430 (w/cheese: 530 c.)
Large French Fries: 540 c.
Crispy Chicken Deluxe Sandwich: 500 c.
File-O-Fish Sandwich: 470 c.
Big Xtra! Hamburger: 710 c. (w/ cheese 810 c.)
Oreo McFlurry: 570 c.
Sausage McMuffin w/ Egg Sandwich: 440 c.
Chicken McNuggets 9-piece: 430 c.”

The ad has done well in France, apparently, where there are fewer negative responses and fewer problems in general with regards to the LGBT Community.

Of course, the way to counter LaBarbera’s push to boycott McDonalds is to write to them and not only thank them for the ad, but urge them to put out a version in the United States as well. To be honest, given that it has taken LaBarbera this long to call for a boycott of the restaurant chain, all of the people who will boycott them over it have already decided to do so.

McDonalds can be reached here.

Tim Coco, the US citizen binational spouse said that  Attorney General Eric Holder did not act on a Friday deadline in the case of Genesio “Junior” Oliveira, effectively denying the 30-year-old Brazilian man’s request for asylum in the U.S. on humanitarian grounds.

This is not the first time a gay man from Brazil has been denied an immigration path through marriage to the USA.  The other case involving a Brazilian is that of the husband of US citizen Gordon Stewart, as Pfizer employee who is now living in exile in the United Kingdom so he and his spouse can live their marital relationship.

In June 2009, Gordo, together with Shirley Tan provided oral testimony before Senator Leahy and other Senators on the Senate Judiciary Committee in the hope that the Uniting American Families Act would engage congress enough to do something about the inequities in our immigration law.

Coco said, “We needed the Attorney General to make a decision on whether Junior could come home,” said Coco, 48, of Haverhill. “He didn’t take this request seriously.”  It seems as if the Justice department has yet to respond to questions about this case.

In 2002, Oliveira had sought asylum in the U.S. apparently basing his case on a rape as a teenager in Brazil.  But an immigration judge denied his request.  The Associated Press noted that it does not typically name rape victims, but Oliveira speaks openly about his case and is allowing his name to be used.

Oliveira  and Coco married in Massachusetts in 2005 and bought a house together. However unlike other married couples in the US, gay marriages have no bearing on the immigration law that overtly discriminates against same-sex spouses.  The undeniable fact is that gays and lesbians are allowed  to marry in the US in under the law of certain States. Yet because of the Defense of Marriage Act they are precluded from federal rights which includes that provided by the Immigration and Naturalization Act.

In March, Sen. John Kerry asked Attorney General Eric Holder to grant Oliveira asylum on humanitarian grounds.  Kerry spokeswoman Brigid O’Rourke said Monday that the senator will continue to work toward a solution that would reunite the couple for good. The fact is that if Tim and Junior were a heterosexual married couple, they would never have suffered through more than two years of separation,” said O’Rourke.

The Uniting American Families needs it’s time now. While there are thousands of unpublicized stories in the shadows right now, many more are being exposed to Congress and yet Senators such as Kerry who favor the passage of UAFA are still failing in their leadership on the issues.  What is the point of advocating for individuals when you have the power of the legislation in your hands?

Coco said he thought there was “no way” the Obama Administration would deny Oliveira’s asylum request after Kerry made his plea to Holder.  “We are profoundly sad,” said Coco. “This is more than any married should have to face.”

AP reports, the case comes as Obama tries to smooth a rocky relationship with gay activists, who want him to end the military’s “don’t ask, don’t tell” policy on gays, which he has pledged to do but hasn’t given a timeline. Tens of thousands of gay rights supporters marched in Washington earlier this month, demanding Obama keep his promise to end the policy.

Coco said he has spent about $250,000 in legal bills and hasn’t seen Oliveira since January, though the two video chat online every night. A heterosexual sponsorship of a spouse costs $750-$1500 if you use an attorney.

Oliveira was denied a visa to return to Massachusetts last year for the funeral of Coco’s mother. Gordon Stewart’s husband has been denied the right to visit his spouse’s sister who has cancer. 

Coco said the couple plans to launch a legal challenge against the federal Defense of Marriage Act as a violation of immigration laws.

That may be a worthy attempt but with my experience in this issue I believe that energy should be put into legislation – we should be calling all our Representatives in Congress and demanding the change we were promised.  Challenging this in the Courts will still yield one major shield for those who are not allowed to marry in their respective States.  Until marriage is uniform, UAFA, which ascribes the right to Permanent Partners, as the relationship that seeks validity to circumvent DOMA.  

 In the meantime, pending legislation, which must happen and soon,  I call on Senators Feinstein, Kerry, Gillibrand, Schumer, Frank to pave the way for binationals by enacting / introducing/Class Private Bill whatever it takes -a moratorium on all deportations of married LGBT spouses;  by providing a special Visa Program with status for married LGBT couples (perhaps one that can sunset pending a solution or legislation– similar to the R1 (religious workers visa program) for married lesbians and gay spouses.

When I was in DC during August I spoke with congressional staffers and received an “interested” response to this idea. 

The reason for this is based less on the privilege granted to ‘a would be immigrant,’ but rather based on the RIGHT – the CIVIL RIGHT of the American Spouse…. Never since the days pre-civil rights movement has there been such a flagrant apartheid-esque practice perpetuated upon US citizens.  We do not have a right that other Americans have.

O’Rourke said Kerry supports the couple’s legal challenge to the Defense of Marriage Act, which limits how state, local and federal bodies can recognize partnerships and determine benefits. He also called for a law to extend benefits to domestic partners. This I personally find outrages. Why does Senator Kerry not get behind the REPEAL of DOMA.  Congressman Nadler has had the courage to introduce it in the form of the Respect of Marriage Act.  Why is he talking Domestic Partnership.  Another incremental crumb? I don’t want to hear that word…Domestic Partnership.

This month, Obama called on Congress to repeal the Defense of Marriage Act. Well do it. This case is one in thousands. We need our remedy now. I am not available for a life on hold. Neither is Mr. Coco.

 Melanie Nathan. nathan@privatecourts.com

blogger  and personal advocate
www.oblogdeeoblogda.wordpress.com

Safely seated in my US citizenship, I had no reason to doubt that I would have the right to pursue my happiness and that I would be treated as full citizen in every respect of the law. At the time I was thankful to the US for introducing the sanctions that in essence brought the apartheid government to its knees resulting in the release of Madiba Mandela and the end of Apartheid.

Now my once anti-apartheid stance has come full circle in the US, as twenty four years after immigrating, South Africa has not only ditched apartheid, but now boasts a constitution that specifically protects all its citizens, forbidding discrimination based on gender, race and sexual orientation; while in that same time period America has introduced the Defense of Marriage Act, (DOMA, ) and DADT – and has had the gall to resist ENDA and the Mathew Sheppard Hate Crimes Bill, failed to secure equality for its LGBT citizens; indeed a sad irony.

Since the enactment of legislation Defense of Marriage Act (DOMA) that specifically serves to exclude same sex partners from rights that different- gender spouses have, the US has in fact institutionalized discrimination in a manner that stinks very much like apartheid. President Clinton’s stamp of approval will forever emblazon DOMA and so now that we have President Obama and a Democratic majority, something has to be done to right this wrong.

My fellow activists would probably shoot me down for saying this, but if it is not possible to rid us of DOMA, quickly or per se, there must, at the very least be legislation that seeks to remedy its impact. Immigration is the one area where this cannot happen quickly enough; our ‘de facto (existence) is begging for its de jure (validation.)

Of the 1,138 federal rights and benefits that the LGBT community is denied, the worst (I am biased having suffered this particular form of discrimination) is the one that denies us two fundamental prerequisites to our basic freedoms and happiness:

1. The right to fall in love and live with whomever we choose from wherever we choose;
without impacting -
2. Our right to remain in our homes and Country.

This is the plight of our Binational families; – I estimate now with the increasing use of web based social interaction, at least 54,000 – 90,000 couples impacted by this great, where spouses of the same gender are unable to Petition for the a partner who is not a US citizen or legal resident to remain with him/her or join the other in the USA.

On the lips of every Binational I know and I am sure on the lips of those I do not know, is “How can my Country, the United States of America, in all its glory, allow this to happen to its own citizens?” Our country is in effect causing its citizens to go into exile when “in pursuit of happiness” in flagrant disregard of our own constitution and while we are preaching human rights to the rest of the World we are so grossly at fault within.

The Immigration and Naturalization Act provides a privilege to the foreigner when issuing a visa, a green card or conveying citizenship. It is a dispensation and even an indulgence if you will – meaning that there is no ‘constitutional’ obligation until such time as the immigrant receives the benefit. On the other hand, inherent in the ACT is a RIGHT conveyed to the American Spouse to petition for the foreigner.

The fight for equality under the Immigration Law in the United States, is not about the privilege for the foreigner, but rather about the RIGHT denied the American[i] same sex spouse/ partner. It is therefore clearly an Equality issue more than it is an immigration issue per se.

I write regularly on this topic and am probably being somewhat repetitive in my posts, but I cannot let my thoughts dissolve, only to haunt me the following minute, as it tends to day after day. What bothers me is the inaction, the inaction and also the inaction – the fact that days go by, people age ; and while that happens there are those who are either unable to be with their loved one, their spouse, their partner – unable to be with an ageing or ill parent, living where they do not want to live, leaving their homes, careers for foreign shores, and too many hardships to mention in this short post. These are our American family….

Today on TV (Highlighted by Keith Olberman) I saw a woman who was seriously disabled, trying to express her needs regarding health care reform at a town hall meeting. She was heckled and treated in the most disgusting fashion, by her fellow Americans. For some reason it served as a metaphor for my article today; to my way of thinking omission and inaction is as bad as a bad action. Those hecklers overt in their abuse stand in the same row as those of us who refuse to notice the hardship and pain and suffering of our fellows – we are all catalysts and protagonists for each other’s well being and keeping quiet is tantamount to yelling at the woman sitting in the wheelchair.

We need all of our EQUALITY – all of our rights. Although I usually advocate specifically for UAFA (Uniting American Families ACT,) which seeks to include same sex permanent partners in the IMMIGRATION Law, I would be remiss if I did not note that sweeping legislation – a catch all for equality, an Amendment to Civil Rights Act, the repeal of DOMA is the only real way we will truly classify as fully equal. I pray for that day – but in the meantime must continue with the piecemeal Brigade.

Blogged by MELANIE NATHAN, CEO of Private Courts, Inc. Consulting, mediation & private advocacy; motivated by injustice, I blog about family law/mediation, politics, news and LGBT equality and anything that ‘tickles my fancy.’ Otherwise blogging as O-blog-dee-o-blog-da. Websites and blogs include: http://www.privatecourts.com; http://www.divorcemediators.us; www.oblogdeeoblogda.wordpress.com.

In this scrap for your attention, I hear this Hortonesque sound, a speckle of a voice; it is small and it is getting louder.  It is as loud as you want to hear it and so we leave the world of Dr. Seuss and enter Julius Caesar with “friends, Americans, and Countrypersons…lend me your ears….”   Okay this is not funny this is serious, but now that I have your ears in my sack of slack I scream and you hear WHAT ABOUT US?   BINATIONALS – UAFA!

Binational  is a term coined to denote LGBT spouses/partners who by virtue of US exclusionary laws are treated unequally; whereas straight US spouses have the right to petition under immigration law for fiancé visas and spousal immigration, the US Partner/spouse of a binational couple is not afforded this inherent right and cannot petition for a partner. Hence here is our call to action.  Allies are sought NOW  - urgently. Please speak out for those less fortunate. Those on the UAFA waiting list – because their congress members either know nothing of their plight or are sitting back in Co-sponsor complacency.

The ‘UAFA Waiting List’  is one no one wants to be on – it is one that keeps binational exiles abroad, others in hiding, and inter alia some fifty year olds pleading to stop time so that they are not sixty by the time they get to cohabit with their spouses/partners.

This year a synchronicity of events and increased sponsorship of UAFA gives us hope that maybe we can gain more support in this  111th Congress in a push for passage of the Uniting American Families Act.  We are urging fast and prompt action – where all and anyone can help by contacting representatives and pushing for this legislation.  While binationals are doing their own work, it would make a significant difference if support could be engendered from straight allies, clergy, organizations, state legislatures and of course the LGBT community at large.

Binational couples need your help. Unlike other unfortunate discriminatory practices against our community, here in the US and abroad, this is the one that either keeps partners apart or forces them to choose between heart and home.

I had the great pleasure this past month working with Out4 Immigration in developing their Grassroots Uniting American Families Act (UAFA) Campaign, manifesting in a comprehensive and invaluable Action Kit.  The Kit introduces the campaign to Out4Immigration’s abundant membership throughout the USA and in Exile, abroad and now I am bringing it to you:

“Thank you for participating in our Out4Immigration Congressional Visits, a coast-to-coast effort where we will meet with our Members of Congress during the August Congressional Recess (August 3 – September 4) to keep pushing for the passage of the Uniting American Families Act (UAFA) and for its inclusion in Comprehensive Immigration Reform. This kit will give you the basic information you need before, during and after your meetings.”

The contents indicate the extent of the collaboration and work by the extraordinary volunteers of the unfunded Out4Immigration.   The forty page Action Kit covers everything needed to guide participants through the process of advocating for the passage of immigration equality and reform;  guidelines for meeting with members of Congress, Talking Points, Do’s and Do Not’s,  Exit Question Checklist, Sample Letter to Request Meeting, List of Senate Co-sponsors, List of House Co-sponsors,  Tri-Fold Brochure, Testimony and Statements from Senate Judiciary Committee Hearing, Fact Sheet on LGBT Immigration and  UAFA– Stories /Related Media Coverage/Articles.

The Group has taken the further step of devising and setting up an all volunteer tracking system as the members report back about their congressional activities.   Not only does this lend credence to a well coordinated effort, but also assists in a comprehensive and organized check list for future coverage and follow-up.

There are a few dedicated volunteers who have worked vigorously in their contributions to out4I and the cause, to make this month a productive one for the advancement of UAFA.  They know who they are, and you, the rest,  who can further this mission to one of success also know who you are. So I am writing this piece to urge you all, LGBTQI, Straight, bi-national or not, to read the Action Kit and find what you can do to help in what has been a long and arduous struggle for immigration equality.

In the hope that you will come forward and ask your representatives to support UAFA I urge you to read the KIT and be inspired by remarks such as that of Julian Bond of the NAACP in his testimony at the UAFA hearing on June 3^rd, stated:

“Given all the benefits, socially, economically, and morally, of ensuring that effective family reunification is an integral part of our nation’s immigration policy there can be no question that the NAACP supports an overhaul of current law to ensure that the family preferences policies are functioning well and without discrimination. As I said earlier, the NAACP would also like to stress that the definition of “family” should not be interpreted so stringently as to omit people who are in a loving, committed relationship but happen to be of the same gender.”

This type of positive support is worthless if it sits in isolation. I t is now our duty to utilize such statements to the advantage of UAFA – by bringing this to the attention of every single member of Congress.  Do not be put-off by Republicans or conservative viewpoints.  This is an opportunity to walk into the consciousness of all of America – It is up to us…Good-luck and lets go for it!   Oh and by the way – when you go and speak to your Rep about ENDA, DADT AND DOMA, DONT forget UAFA! Thanks.  Now that Senator feinstein has signed on to ENDA she and the other co-sponsors must be urged to immediately sign on to UAFA.

If you have any questions please contact Melanie Nathan or OUT4Immigration through their websites.

The ACTION KIT can be located at  www.divorcemediators.us – fill out form or go directly to PDF.

For more information and a read into the unconscionable hardship suffered by your fellow American citizens/ residents in their inability to Petition for their partners to immigrate to the USA, here are some references:

http://oblogdeeoblogda.wordpress.com/2009/04/15/update-shirley-tan-deportation-out-of-options/

http://www.out4immigration.org/immigration/page.html?&mimid=JXT45G1GQCVR9GUS471KP1QXJRNGC9PC&cid=1130
Out4Immigration Grassroots Action Kit

Blogged by MELANIE NATHAN, CEO of Private Courts, Inc. Consulting, mediation & private advocacy ; motivated by injustice, I blog about family law/mediation, politics, news and LGBT equality and anything that ‘tickles my fancy.’ Otherwise blogging as O-blog-dee-o-blog-da. Websites and blogs include: http://www.privatecourts.com; http://www.divorcemediators.us; www.oblogdeeoblogda.wordpress.com.