BREAKING: Supreme Court’s DOMA Decision Grants Same-Sex Binationals Federal Immigration Rights

Key Part of Defense of Marriage Act (DOMA) Struck Down,
California's Proposition 8 Case Dismissed

Media Contacts:

Amos Lim, Out4Immigration, 415-742-1626, amos@out4immigration.org

Kathy Drasky, Out4Immigration, 415-606-2085, kathy@out4immigration.org

SAN FRANCISCO – JUNE 26, 2013 – The Supreme Court of the United States (SCOTUS) struck down Section 3 of the federal Defense of Marriage Act (DOMA) this morning and declared that same-sex couples who are legally married deserve equal rights to the benefits under federal law that go to all other married couples. Of the more than 1,100 federal rights no one is more critical to same-sex binational couples than immigration – or the right of an American citizen to sponsor a foreign-born spouse for permanent residency, or a green card.

In a separate ruling, SCOTUS also dismissed California’s Proposition 8 case, a referendum that took away marriage equality from gay and lesbian couples in 2008. This ruling returns the case to a previous 2009 state ruling that declared Proposition 8 was “unconstitutional” under California law. 

Both rulings were decided on 5-4 votes. Justice Anthony Kennedy wrote the opinion on the DOMA case. Chief Justice John Roberts wrote the opinion for the Prop. 8 case.

While the DOMA ruling is clear – federal benefits for any couple that is legally married in a state, country or jurisdiction where same-sex marriage is legal, the Proposition 8 ruling will take more time for lawmakers to sort out. In the best case scenario, marriage equality will be restored to California within a month. 

“Out4Immigration is elated with the results of today’s decisions. One of our routes to immigration equality for same-sex binational couples has always been the demise of DOMA. Today that has happened,” said Amos Lim, Co-founder and Community Outreach Director of Out4Immigration.

“We will continue to watch how the Proposition 8 decision unfolds and hope for a quick restoration of marriage equality in California,” Lim added.

As California, the most populous state, restores marriage equality for its citizens, there will now be 13 states, as well as the District of Columbia, where same-sex marriage is legal.

Lim pointed out, however, that same-sex binational couples currently living in the states that lack marriage equality will need to travel to a place where same-sex marriage is legal in order to obtain a marriage that will give them federal benefits. Although federal benefits will be available to these couples, those living in states that lack equal marriage protection will continue to be subject to discrimination at the state level.

“We remain concerned that statutory barriers are still in place for some couples and urge Congress to immediately repeal DOMA in its entirety,” said Lim.

Democratic members of Congress were quick to praise the DOMA ruling and pledged to introduce legislation that would finish the job of fully repealing the discriminatory law.

Sen. Dianne Feinstein (D-CA) took to Twitter to say, "I will introduce legislation ASAP to repeal discriminatory DOMA once and for all.”

Same-sex binational couples seeking advice on how to proceed with marriage and fiancée visa petitions (i.e., "green card applications”) are encouraged to view these resources: “After DOMA: What It Means for You” from the National Center for Lesbian Rights (NCLR), After DOMA: Immigration from Lambda Legal and “The End of DOMA: What Your Family Needs to Know” from Immigration Equality.

The law firm, Masliah and Soloway are offering free consultations to same-sex binational couples. Email them at consult@masliah-soloway.com. 

Also, the law firm McCown and Evans is offering free consultations to same-sex binationals. Please contact them at (415) 834-9123, or email info@mccownevans.com.  

In the San Francisco Bay Area, McCown and Evans will be hosting a series of free legal workshops for same-sex binationals in July and August. Visit http://out4immigration.blogspot.com/2013/06/upcoming-information-sessions-marriage.html for details.

# # #

______________

For more information:

Out4Immigration: http://www.out4immigration.org

“DOMA Unconstitutional; California Ban on Marriage Dead”: http://www.advocate.com/politics/marriage-equality/2013/06/26/supreme-court-issues-landmark-lgbt-rulings

“DOMA Ruling to Prompt Legislation on Capitol Hill”: http://legaltimes.typepad.com/blt/2013/06/doma-ruling-prompts-legislation-on-capitol-hill.html

Out4Immigration blog (featuring stories of same-sex binationals): http://out4immigration.blogspot.com/

United by Love, Divided by Law (visual protest by same-sex binational couples separated by U.S. immigration laws): http://unitedbylovedividedbylaw.tumblr.com

Count Me In / Same-Sex Binationals Share Their Stories: http://bit.ly/O4ICountMeIn

end

____________

Out4Immigration is a national grassroots organization dedicated to raising awareness about the discrimination same-sex binational couples face under current U.S. immigration law and the difficulties they encounter in keeping their families together legally in this country. For more information, visit www.out4immigration.org.

 

Meet Michelle Dicinoski, Author of "Ghost Wife" - A Memoir about Same-Sex Marriage, with a Binational Perspective

by Kathy Drasky

Author Michelle Dicinoski

Being part of an American=Australian same-sex binational marriage, I spend a fair bit of time Down Under with my wife, whose work - and visa requirements - bring her back home several times a year. On my last trip I learned about the memoir, Ghost Wife, by Australian writer Michelle Dicinoski, who is married to an American woman, now living in exile. It took us a while to catch up, but when we did, Michelle agreed to answer a number of questions about her binational marriage and its basis for Ghost Wife.

Out4Immigration: At Out4Immigration, we always ask people to tell us their story – well, you wrote a book! Can you tell us how you met your wife – and at what point you realized that being in a same-sex binational relationship was not going to be easy, immigration-wise?

Michelle: I met Heather in 2004, when we were both studying at the University of Queensland, in Brisbane. Heather grew up in Florida, and also lived for several years in Massachusetts. I grew up in Queensland, and had never traveled overseas when I first met Heather. From the moment our relationship became serious, we were definitely worried about what would happen after Heather’s visa ended. Would she have to return to the United States without me? What would that mean for our relationship? We were lucky because she had a three-year student visa, which gave us time to get to know each other and even to marry (in Canada). But as it turned out, Heather’s application for permanent residency in Australia was approved quite smoothly, so we were able to stay put.

Out4Immigration: Can you tell us about the Australian laws that allow you and your wife to live together there, in spite of an Australian "DOMA-like" ban against same-sex marriage?  

Michelle: Although Australia does not recognize same-sex marriage, it has for many years recognized same-sex relationships as "interdependent relationships" for purposes of migration. As long as couples can prove that they have a genuine, ongoing relationship of some standing, foreign nationals who are in relationships with an Australian seem generally to be approved (after a longish assessment period) to migrate to Australia. Most of the people I know of who've done this have been American or European, though; I am not sure if it's harder if you’re from another region.

Out4Immmigration: The title of your book is Ghost Wife. What does that originate from?

Michelle: While preparing for our wedding trip, I heard a story about ghost marriages. In these marriages, which have been relatively common in China, a living person can be married to the spirit of a dead person. I was fascinated by this idea; marriage has been so many different things, at different times and in different places. Most of all, I was provoked by the idea that in some places, ghosts can marry, when for Heather and me, our marriage itself would be a kind of ghost. We would return from Canada married, but not. As I write in the memoir, I began to wonder: "Would we forever ghost at the edges of things – families, laws, histories? There is a certain mystique in invisibility, but not when it's thrust upon you. Sometimes you just want to be seen." So I decided to write about our wedding as a way of making it visible. As I put it in Ghost Wife, if our countries refused to acknowledge our wedding, "I'd document what happened in an irrefutable way: I'd write about the wedding and the journey leading up to it. It would be a permanent record. A testament. Proof."

Out4Immigration: Writing a memoir like this had to be cathartic. Has it helped you deal better with the inequality of the situation – your marriage not being recognized in either Australia or the U.S. ? The inability of your wife to sponsor you to live in America due to our unfair immigration laws?

Michelle: It hasn't really provided a release in any way, but the writing process has been fascinating. Perhaps the best part was including the stories of other queers who also lived in marriage-like relationships, but 50 or 100 or 150 years ago. I map their stories onto the places that Heather and I visit — Melbourne, Boston, Toronto, Niagara Falls — to show that queer lives have always existed, although they have often been suppressed or denied. My hope is that by telling these stories — Heather’s and mine, and the stories of other "ghost wives" — I will help increase awareness of our situation, so that one day I can live in the U.S. with Heather, if that is where our lives take us. Especially as our parents age, questions of residency become increasingly important. We should be able to return to care for Heather's parents and other family members, if they need us to, but at the moment we can't, not as a couple. It ends up being a choice between partner and family, and no one should have to make that choice.

Out4Immigration: How does your wife feel about living in exile?

Michelle: I write a little about the United States being closed to us, and how strange it is that Heather has left behind another whole life there, a life that we can only return to sporadically. Although she misses her family and friends, Heather is very happy in Australia. Still, we would both love the opportunity to live in the U.S. as a couple.

Out4Immigration: This is a two-part question. If DOMA is repealed and your marriage is suddenly recognized by the U.S. government, what do you think you and your wife will do? And, if America suddenly has marriage equality – do you think Australia will soon follow suit?

Michelle: If DOMA is repealed, the first thing Heather and I will do is have a big party! An international, multi-time zone party involving Skype and champagne. As for whether we will move, that's another question; we just moved interstate last year, and that was traumatic enough. I think our cats might disown us if we moved again any time soon. If the U.S. suddenly has marriage equality, the pressure on Australia will certainly increase. In fact, the recent change [marriage equality] in New Zealand seems to have increased people's belief that it is just a matter of time, and that Australia must change soon.

Out4Immigration: What has been the reaction to Ghost Wife in Australia?

Michelle: The reaction has been wonderful. The reviews have been so positive, and I have been thrilled to see the book supported by both the mainstream and queer media.

Out4Immigration: What are you working on now?

Michelle: I am working on some poems right now, thanks to a grant from the Marten Bequest Travelling Scholarships, and also some non-fiction. I am looking forward to settling into the next long project. First, though, I’m focused on some upcoming travel this summer to the Tin House Writers’ Workshop in Portland, Oregon; and the amazing writer’s retreat Hedgebrook, on Whidbey Island in Washington.

Out4Immigration: Thanks, Michelle! Readers looking to purchase a copy of Ghost Wife, should visit Amazon.com, where it is available for Kindle. Other digital sources can be found at the book's publisher Black Inc. For those living in Australia or New Zealand, you can visit your local bookstore to purchase Ghost Wife in print.

Keep Up with All the News Stories on Same-Sex Binationals and Immigration Reform

The news is happening faster than we can keep up with it on this blog. We try to get stories up that affect us as quickly as possible, particularly surrounding our exclusion from the immigration reform bill that has now moved out of committee and to the Senate floor.

If you do not see the latest news when you arrive here, please click to our new curation site: "United by Love, Divided by Law."

Our volunteer communications person, Kathy, has been tracking stories on this site for over a year, so you will find a very detailed backlog of the history of our march toward immigration rights and marriage equality - both of which will create a path to green cards for gay and lesbian Americans with foreign spouses.

Sinking and Swimming: Immigration Reform and Marriage Equality

by Kathy Drasky

Today is a National Day of Action to support Comprehensive Immigration Reform. Rallies and events may have already started in your part of the country, and for that I apologize for not posting this a little sooner (although all of us volunteers at Out4Immigration have been doing our best to get the word out over the last few weeks.)

Like a lot of you, I've been a little taken aback (well, that's being polite) about hearing that after all the years - all the blood, sweat and tears - same-sex binational couples are probably going to be left out of the historic Comprehensive Immigration Reform (CIR) bill.

I was hoping that today would be more of a celebration. That marching with our allies in the immigrant rights' community - I'm not aware of any here in San Francisco that want us left out of this legislation - would be more like a walk in the park. After all, our cases against the Defense of Marriage Act (DOMA) have been made in front of the Supreme Court, and we have less than 80 days to go until we know if that will fall. If it does - it pretty much renders the work we've been doing to get same-sex binationals and the Uniting American Families Act (UAFA) into CIR at moot point. We won't be needing a bill that gives us just one right. We will have equality that gives us 1,138 rights. We will at last have the right to sponsor our partners for green cards.

But DOMA's demise is not a done deal. Anything can happen in the next 80 days - and one thing we should make sure of is that we call those 54 Senators who say they support marriage equality and demand they step up on our inclusion into CIR. Why? Because if they think so highly of us getting 1,138 rights, why are they not demanding that we'll be insured the one that will stop the endless gratuitous cruelty same-sex binationals live and breathe: the fear that our partner could be taken away from us and deported; the bewildering navigation of an immigration system that refuses to acknowledge we exist; the Sophie's Choice of being forced to pick either your partner or your country.

Does your Senator support Marriage Equality? Click here.

Now call 202-224-3121 and ask to speak to your Senator and demand he/she stand up for that claim by making sure same-sex binationals and UAFA are included in CIR. 

I didn't post this sooner because I was publishing the rest of this piece over at OpenSalon. You can click here to read how I feel personally about our exclusion from CIR - and the precarious position we same-sex binationals occupy between immigration reform and marriage equality. It's what I had to get my head around before making a visit this afternoon to one of my senator's local offices on behalf of O4I and today's National Day of Action for Immigration Rights.

Senator Feinstein supports Marriage Equality. I'll be asking (again) for her to make the connection from that broad approach to the more narrow. Because where will be at the end of June if the Supreme Court upholds DOMA and it remains the law of the land?

Our Story: Kathy & Ana

Four Weddings on Two Continents, But Still No Recognition by U.S. Government

Ana and I "met" in 2008 while we were both participating in an online book club. Although Ana is a Portuguese national, she currently resides in the United Kingdom. We quickly became friends in the book club and in November of that year, I was fortunate enough to have a business meeting scheduled in London. It was during that trip that Ana and I met face to face for the first time. Although we considered ourselves to be "just friends" for approximately a year after that first meeting, we never went more than two or three days without corresponding with each other. At first it was only by email, but we were soon spending hours on the phone together learning more and more about each other. We quickly realized that our "friendship" was taking a turn and knew we had to meet again. This time it was in New York, where I live. It was clear to both of us that we were falling in love.

In early 2010, Ana flew over and we spent four beautiful days together. It was then that we just knew we were meant to be together forever.

Two years after we first met in the book club, on May 6, 2011, Ana and I celebrated our love for each other in front of more than 100 friends and family with a formal commitment ceremony on Long Island, New York. Then in July 2011, we entered into a legal civil partnership in the United Kingdom, celebrating with Ana’s family, who had flown in from Portugal to be with us on that special day. When New York’s legislators passed the marriage equality bill in June that year we knew we wanted very much to be married so in August we exchanged wedding vows and became legally married! Finally, in November, I went to the Portuguese consulate in New York City to have our marriage officially recognized in Portugal, one of the 15 countries worldwide with equal marriage laws.

In some sense you might say we have now "married" each other four times and our MARRIAGE is now recognized on two continents. Without question, we have the love and support of our friends and family but not the U.S. government.

For the first two years one of us made the long flight from New York to London at least once a month. To visit the U.S., Ana enters under the ESTA/Visa Waiver Program since there is no long-term visa program she would be eligible. Over the past year, her stays here in the U.S. have been longer (less than the legal 90 days but sometimes for a couple of months at a time). At the end of a stay, she goes back to the U.K. for 10 days or so and then returns. Most times, I go with her. Although it has been a financial burden for both of us, we know that we would suffer, being apart.

This is not a way to live...traveling back and forth every couple of months. We are aware that Ana can be turned away at border control at a U.S. airport at any time, for any reason. I’m not even sure what my next steps should be to give her the best odds of not being turned away when entering the U.S. All I know is that no matter what it costs, I will do whatever I have to so that we can be together as much as possible! We are MARRIED and we want and NEED to be together yet we are viewed as nothing more than legal strangers by my own government.

This is cruel and heartbreaking. It forces us to live a life crossing the Atlantic Ocean, never knowing when an immigration officer might literally stop us from being together.

We are sharing our story because we believe that we must stand up and tell others about the reality that we are living. I am an American citizen. I expect to be treated the same as all other Americans. I have married the most wonderful woman, and I do not want to spend precious time apart from her. We should not have to exhaust ourselves or deplete our savings to be together. No opposite-sex married couple would ever be expected to do what we have been forced to do.

It is overwhelmingly obvious to everyone in our extended community of family and friends whether in the U.S. or abroad that this is cruel. We find ourselves explaining that although we are married, that means nothing to the American government. We see the puzzling looks on people's faces when we explain that we have a recognized civil partnership in the United Kingdom that gives us the same rights as opposite-sex couples when it comes to immigration. But we want to live in the United States, and should be able to.

We know that the “Defense of Marriage Act” and our immigration laws are the only things standing between us and our future together in the United States. I cannot make this more clear: I do not want to be forced to leave my country, but we cannot build a future together separated by 3,600 miles. My love for Ana cannot wait. Equality for all lesbian and gay couples cannot wait.

Are you a same sex binational couple?  Do you have families / friends affected by this issue?  Please contact us at http://bit.ly/O4ICountMeIn if you are interested in sharing your story.

Election Night 2012: What a Feeling!

by Kathy Drasky

Our path to equality and being able to live in the US with our partners just got clearer on Tuesday night when Barack Obama was reelected President of the United States.

After months of campaigning against anti-gay GOP candidates Mitt Romney and Paul Ryan, a pair that wanted to undo Obama's first-term LGBT achievements, in particular, his refusal to defend the unconstitutional Defense of Marriage Act (DOMA), the neck-and-neck race broke for Obama fairly early in the evening for those of us here in California. It wasn't much after 8pm, after the California polls closed that the state of Ohio gave Obama its electoral votes and secured him the 270 he needed to win. That's when I snapped this picture of my wife Viki hugging our friend Fabrice.

Viki is Australian, Fabrice is French, and they are both in love with American citizens. But unlike opposite-sex binational couples whose marriages are recognized by the government and allow the U.S. citizen to secure a green card for his or her spouse, that door has been closed to me and Jared (Fabrice's partner) because of DOMA.

Viki and me, Fabrice and Jared, are just two of more than 40,000 same-sex binational couples fighting for the right to stay together safely and legally in the US. Countless others live in exile, being forced out of the country as the only way to stay together after visas run out. Some couples are forced to live apart, seeing each other only a few times a year. And others have fallen under the radar, staying together, but without papers. The very real threat of being torn apart by deportation present in their lives every waking moment.

Those of us who volunteer for Out4Immigration can confidently say that after this election, which also saw three pro-marriage equality bills pass (in Maine, Maryland and Washington), one anti-gay amendment be defeated (in Minnesota) and the election of openly gay Congressional candidates (including the first out gay or lesbian senator, Tammy Baldwin, in Wisconsin) that America has turned a corner toward marriage equality. It is only a matter of time until the Supreme Court strikes down DOMA. (Earliest predictions are June 2013.) Should the Supreme Court refuse to hear the California Proposition 8 case (we will know about this by the end of this month), we could have marriage equality again in California by the end of 2012! That would mean 10 states (plus Washington DC) recognize our relationships. The pressure would certainly be on President Obama and Congress to act accordingly in the administrative and legislative branches to do something federally, and do this soon.

In addition to all three branches of government moving toward equality, other good news on Tuesday was the clout of Latino voters. Latinos (as well as Asian-Americans) voted overwhelmingly for Obama. And as payback for this support they want to see comprehensive immigration reform (CIR). The GOP - in an effort to level the playing field and position themselves as champions of these voters for future elections - will probably finally reach across the aisle to work with Democrats to deliver some form of CIR.

Out4Immigration will continue to push all angles - for repeal of DOMA and for inclusion of same-sex binational couples in CIR until we end this discrimination, earn the right to apply for green cards for our spouses and bring home all exiled couples. That's the eye on the prize and it is within reach.

To find out more, you can listen to this conference call on strategy hosted by Immigration Equality today. Dial (800) 977-8002, and use code: *3761622# to access a recording of the call.

To do more, you can join Out4Immigration as a volunteer. Email me at kathy@out4immigration.org to let me know you're interested and then we can chat about some ways you can get involved in our all-volunteer, grassroots group.

We are finally moving forward! But let's not be complacent. While we are hopeful that the Supreme Court will do the right thing and CIR will include us, there are never sure bets when it comes to politics. Where there is a sure bet is in raising awareness and telling our stories - when we do that we get the court of public opinion on our side. And that will make all the difference.