Gay Rights

Congress to Hold Hearings on the Uniting American Families Act

Published May 28, 2009 @ 10:14AM PT

U.S. Passport

This news is huge for LGBT advocates working on the issue of immigration.  The Uniting American Families Act (UAFA for short) was introduced earlier this year in Congress by Rep. Jerrold Nadler (in the U.S. House) and Sen. Patrick Leahy (in the U.S. Senate).  The UAFA will eliminate discrimination in U.S. immigration laws by permitting same-sex partners of U.S. citizens to obtain permanent resident status.  Kind of like how straight people who marry someone from outside the country can obtain legal resident status for their partner.

According to the Washington Blade, Congress will start hearings on the UAFA next week, in which LGBT advocates will surely see as a chance to revise U.S. immigration policy with an eye toward equality.  Here's the scoop from the Blade:

The Senate Judiciary Committee will hold a hearing Wednesday on a proposal to change U.S. immigration policy so that gay Americans can sponsor their same-sex partners for residency...

Steve Ralls, a spokesperson for Immigration Equality, said the committee's witness list would be posted later this week. He expected witnesses to include "couples separated, and facing separation, because of discriminatory immigration policies, as well as immigration law experts and civil rights leaders."

You can urge Congress to help pass the Uniting American Families Act by signing our petition here on change.org.  Together, we can help make U.S. immigration laws a little more just for LGBT couples.

For more information on LGBT immigration issues, check out Immigration Equality.  We ran five questions with their executive director earlier this year, and they offer a wealth of information on everything from the UAFA, to immigration issues facing transgender individuals, and more.

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Comments (12)

  1. Tim Kopp

    The passage of UAFA would be like Christmas coming early for me: I'm the British half of a binational couple, with my partner living in Portland, Oregon. We'll give them a year or two to sort things out and if UAFA is not passed before 2012 or included in comprehensive immigration reform, and if I can't get a work or student visa, my partner will join me in Britain or elsewhere in Europe. We're not going to let the bigots dictate to us how we can lead our lives.

    Posted by Tim Kopp on 05/28/2009 @ 10:18AM PT

  2. brian Jacobs

                

        Dear Committee on the Judiciary,        My name is Brian and I am a 39 year-old man living in Los Angeles, California, that has been happily teaching high school and college English for 17 years.  I am a two time Fulbright, Fund for Teachers, & Japan Fulbright Memorial Fund recipient awaiting a grant from the National Endowment of Humanities and I have earned a Master’s degree as well.  I am lucky to have a great life, a promising marriage and a wonderfully supportive family!         On August 2, 2008 I married my husband Michael  after having met three years prior.  Michael is from Malaysia.  Our wedding celebration was the most glorious event of our lives! Over 120 of our friends and family came to encircle us with their love and blessings for a fruitful life together, full of love, intimacy and caring.  We decided to get married because we love one another and we share the same values and goals.  I also married Michael because he is my hero, having come to the United States just three and a half short years ago to pursue his dreams of becoming a nurse.  Now he IS a Registered Nurse (RN). How brave you must be to leave everything you know behind and come to a different country.  I know you can relate to that!  I was so very lucky to have snatched him up soon after his arrival. A year later I proposed to Michael in 2006, in a surprise atop the Eiffel Tower in Paris, France.  It was a dream come true for both of us.  When we came together on his 30th birthday to wed on August 2, 2008, we were both overwhelmingly excited.  In West Hollywood park, in a circle of rose petals, friends and loved ones, we had our wedding performed flawlessly by our dear friend Donna, with whom I work with and went to Africa with two years ago on an educational grant. As we approached the park at dusk, a sunset glow hallowed our friends as we joined in the circle as Michael's mother (I surprised him by bringing her from half way across the world without his knowledge.), who flew all the way from Malaysia with his pregnant sister in law, escorted him, as both my parents and stepmother walked me into the circle as well.  We then shared tea with the elder guests as a sign of reverence, which was a symbol of Michael's culture.  After the tea ceremony my stepmother sang a gorgeous Beatles song to us.  Our ring ceremony followed and was very special.  Each member of the wedding party held a red ribbon, as our two rings were passed with the ribbon going through the two rings around the circle, as each member of the wedding blessed the rings and held our two hearts. This was an extraordinary bonding experience, for our love is forever blessed by everyone we know.  We then exchanged our vows with emotional intensity as we were wrapped in a talis, a tradition of my culture.  There was not a dry eye in the park!  We broke glass and then headed, with our guests, to our lounge reception next door to the park and celebrated all night.  It was the best wedding I have ever been to! We flew off the New York City with his family for our honeymoon soon after.  It all seemed so extraordinary, yet paradoxically it was just like everyone else who has been married before us.  Now Michael and I are bonded in the love of our friends and family to live a beautiful life together: So we thought…        On November 4, 2008, our lives changed forever.  I had the opportunity to vote for the only candidate I have ever believed in into office.  That candidate was Barack Obama!  We congratulated him and the entire country for having won and for running the bravest, most positive election in modern times!  He managed to stay above the fray and inspire millions!  I am overwhelmed just thinking about it now!  Tears of joy filled our eyes as the world recognized the United States, once again as a place of hope!  However, in the state of California, we were beginning to hear the overwhelmingly sad news that Proposition 8, a proposition that was in favor of changing our state constitution that marriage is defined as being between a man and a woman, had won. We know from the President and Vice President Joe Biden that they both support Civil Unions and that they both support that same-sex couples have the same rights as couples of the opposite sex.  We have read his letter to the LGBT community several times as a beacon of hope and I have included his words below as a reminder of all of our commitments to global equality!  We are now wondering when will all of this happen?  We are aware that politically it may not be expedient.  That is too bad for the millions awaiting such change.        Michael graduated from Nursing and has passed his board exam.  He has been offered several great jobs from prestigious hospitals, like Cedar Sinai Medical Center, but when he asked about sponsorship he is shockingly turned down, and the jobs revoked.  In 2006, the retrogression from the United States Government went into effect, concerning the distribution of H1C Visas for skilled nurses.  This has greatly impacted Michael’s and my future together; and since the United States does not recognize our marriage and with Proposition 8 passing in California, we are losing hope, an ideal we inspired to in my vote for Barack Obama.  He did finally land a position at another hospital, but can only work one year under an OPT.  Then he has to go back to school or go home, since retrogression has not lifted and since the federal government does not recognize our union.  Now we are unclear as to when the Congress and the Senate will take a stand and fulfill the promise you all have made for same sex couples all over America.  We know the economy and the two wars are priority for our country, however we are curious as to when and how you all will make these changes for same sex couples everywhere? Will it be part of the first positive changes you all will make for our country?  We are worried, terrified and just plain saddened by our, and many others, dilemma.  For the first time in our lives we feel that there is hope for us with the new administration.  We are sure you all are inundated with requests and mail.  We are asking for President Obama to make an executive order or bring quick legislation in order for many same sex couples to live out their American Dreams!        We also know that “small things” get brought up in our legislature daily and get passed with expediency.  For instance, the news reported that there was a bill to make sure American flags are made in the USA.  Another example is a bill that was presented to stop scalpers at the inauguration.   I know that is important to the economy, but how many real lives does that effect?  I know there are bigger fish to fry!        Around the world, activists are stepping up to demand passage of UAFA.  Join us fair-minded people, to demand equal immigration rights for same-sex couples.  Anything less is un-American!  We will pass the Uniting American Families Act (UAFA), but together we will pass it sooner.         In the debate we heard in front of tens of millions of people:  "…In an Obama-Biden administration, there will be absolutely no distinction from a constitutional standpoint or a legal standpoint between a same-sex and a heterosexual couple." On record President Obama has also said,  “Too often, the issue of LGBT rights is exploited by those seeking to divide us. But at its core, this issue is about who we are as Americans. It’s about whether this nation is going to live up to its founding promise of equality by treating all its citizens with dignity and respect.”        Our time is running out.  We are growingly frustrated by the turns of events in California, where we have taken to the streets, and we are terribly worried about our future together.  Will we have to leave the United States of America?  I cannot even fathom the thought!  This has been my home for 39 years and it is where I have established my life.  I am AMERICAN!  I should not even have thoughts of leaving the country I love in my mind!  Michael and I have discussed this a lot and for the first time in our lives we truly feel like second-class citizens.  Could you imagine what that must feel like? Could you imagine contemplating those thoughts TODAY when you look into YOUR own family’s eyes?  Please help us live the American Dream and end discrimination in our country for good!  We are stressed out!  We even want to buy a house!  We can now if we wanted but with the uncertainty of getting Michael a visa or a green card, we cannot even make a move.  We are paralyzed.  All our money has to be saved, just in case he has to go back to school or leave the country.  THIS IS A SHAME!        We wish you all good luck in your endeavors for the world and we look forward to seeing you all grow as a leaders and make the right decisions for your citizens.  We are amazed by the turn of events with Barack Obama as our President and we thank you for your consideration and service.  We are also at service to you so please do not hesitate to contact us for any reason!        Below you will find a letter to the LGBT community from President Obama.  We are not only impressed with his words, but that many of the things he says is on the White House website.        Yes we can!  Yes we will! Thank you again!   Peace!     Brian Jacobs                  “I’m running for President to build an America that lives up to our  founding promise of equality for all ‐ a promise that extends to our gay brothers  and sisters. It’s wrong to have millions of Americans living as second‐class  citizens in this nation. And I ask for your support in this election so that together  we can bring about real change for all LGBT Americans.    Equality is a moral imperative. That’s why throughout my career, I have  fought to eliminate discrimination against LGBT Americans. In Illinois, I co‐ sponsored a fully inclusive bill that prohibited discrimination on the basis of  both sexual orientation and gender identity, extending protection to the  workplace, housing, and places of public accommodation. In the U.S. Senate, I  have co‐sponsored bills that would equalize tax treatment for same‐sex couples  and provide benefits to domestic partners of federal employees. And as  President, I will place the weight of my administration behind the enactment of  the Matthew Shepard Act to outlaw hate crimes and pass a fully inclusive  Employment Non‐Discrimination Act to outlaw workplace discrimination on the  basis of sexual orientation and gender identity.      As your President, I will use the bully pulpit to urge states to treat same‐ sex couples with full equality in their family and adoption laws. I personally  believe that civil unions represent the best way to secure that equal treatment.   But I also believe that the federal government should not stand in the way of  states that want to decide on their own how best to pursue equality for gay and  lesbian couples ‐whether that means a domestic partnership, a civil union, or a  civil marriage. I support the complete repeal of the Defense of Marriage Act  (DOMA).  Federal law should not discriminate in any way against gay and  lesbian couples, which is precisely what DOMA does. I have also called for us to  repeal Don’t Ask, Don’t Tell, and I have worked to improve the Uniting  American Families Act so we can afford same‐sex couples the same rights and  obligations as married couples in our immigration system.      The next president must also address the HIV/AIDS epidemic.  When it  comes to prevention, we do not have to choose between values and science.  While abstinence education should be part of any strategy, we also need to use  common sense. We should have age‐appropriate sex education that includes  information about contraception. We should pass the JUSTICE Act to combat  infection within our prison population. And we should lift the federal ban on  needle exchange, which could dramatically reduce rates of infection among drug  users.  In addition, local governments can protect public health by distributing  contraceptives.       We also need a president who’s willing to confront the stigma ‐ too often  tied to homophobia ‐ that continues to surround HIV/AIDS.  I confronted this  stigma directly in a speech to evangelicals at Rick Warren’s Saddleback Church,  and will continue to speak out as president.       That is where I stand on the major issues of the day.  But having the right  positions on the issues is only half the battle.  The other half is to win broad  support for those positions.  And winning broad support will require stepping  outside our comfort zone.  If we want to repeal DOMA, repeal Don’t Ask, Don’t  Tell, and implement fully inclusive laws outlawing hate crimes and  discrimination in the workplace, we need to bring the message of LGBT equality  to skeptical audiences as well as friendly ones ‐ and that’s what I’ve done  throughout my career.  I brought this message of inclusiveness to all of America  in my keynote address at the 2004 Democratic convention. I talked about the  need to fight homophobia when I announced my candidacy for President, and I  have been talking about LGBT equality to a number of groups during this  campaign ‐ from local LGBT activists to rural farmers to parishioners at Ebenezer  Baptist Church in Atlanta, where Dr. Martin Luther King once preached.        Just as important, I have been listening to what all Americans have to say.   I will never compromise on my commitment to equal rights for all LGBT  Americans.  But neither will I close my ears to the voices of those who still need  to be convinced.  That is the work we must do to move forward together.  It is  difficult.  It is challenging.  And it is necessary.       Americans are yearning for leadership that can empower us to reach for  what we know is possible.  I believe that we can achieve the goal of full equality  for the millions of LGBT people in this country. To do that, we need leadership  that can appeal to the best parts of the human spirit. Join with me, and I will  provide that leadership. Together, we will achieve real equality for all  Americans, gay and straight alike.”   CC President Barack Obama Vice President Joe Biden LA Mayor Antonio Villarigosa US Senator Barbara Boxer US Senator Dianne Feinstein Representative Henry Waxman Governor Arnold Schwarzenegger California State Attorney General Jerry Brown  

    Posted by brian Jacobs on 05/28/2009 @ 10:20AM PT

  3. Gary Allmon

    I was really touched by your story Brian.  DADT and DOMA must be repealed.  UAFA must be enacted.  Your story is proof positive that Gay and Lesbian people are currently being treated even worse than second class citizens.  Where is this so called change president we just elected?

    Posted by Gary Allmon on 05/28/2009 @ 03:19PM PT

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  4. Peter Tantakarn

    When was the Obama's letter dated?  He remains so indifferent toward Equal Rights up till now!  If the letter was before the election, I think we should look at Obama's equal rights policies again.  I am still hopeful, but my hope is deminishing everyday!

    Posted by Peter Tantakarn on 05/28/2009 @ 09:29PM PT

  5. Reply to thread
  6. Dave Hershey

    Michael, I was just watching Hardball with Chris Matthews and one of the guests was Ted Olson. Anyway he made an excellent argument and I figured I would share it here (I'll paraphrase):

    Denying marriage to same-sex couples is like allowing a Japanese immigrant to come over, go through all of the proper channels, take the naturalization test, they receive all the same rights (ie, vote, freedom of speech, religious expression, equal protection, etc.), but they cannot claim to be a citizen. It is pure discrimination.

    Anyway, he and David Boies are the individuals who will be challening Prop 8 based on the equal protection and due process clauses.

    Posted by Dave Hershey on 05/28/2009 @ 03:19PM PT

  7. Dave Hershey

    I guess I should have also clarified who Ted Olson is. He was Bush's Solicitor General, and was the attorney that argued (on behalf of Bush) in Bush v. Gore and David Boies is the attorney that represented Gore.

    Posted by Dave Hershey on 05/28/2009 @ 03:23PM PT

  8. Dave Hershey

    Posted by Dave Hershey on 05/28/2009 @ 08:46PM PT

  9. Reply to thread
  10. Dave Hershey

    So now to the post at hand - And thank you for sharing your story Brian, and reminding us of the "open letter" that the President sent out.

    In today's day and age why do we even need UAFA? This issue is simply nothing but cowardice on the parts of our elected officials. Repeal DOMA! Force the states to reconcile their family laws to include same-sex families (whether they be civil unions or civil marriage) and all of these other issue fall in line because all of the rights that are associated with civil marriage will apply to same-sex couples.

    This measure ONLY applies to states that HAVE domestic partnerships, civil unions, or civil marriage. States like Alabama, Mississippi, Texas, etc. where NONE of the above mentioned are even available still won't be able to sponsor their partner under the UAFA because their partnerships are not recognized by the state.

    Posted by Dave Hershey on 05/28/2009 @ 03:32PM PT

  11. Edwin Bonilla

    It's great that UAFA is going to be heard in Congress' Senate Judiciary Committee because discrimination against the LGBT community is unjustified. In addition, since the bill would allow a U.S. Citizen LGBT person to sponsor an international LGBT person to form a couple without intolerance from the federal government is necessary because discrimination against LGBT people is a nusiance. It's good that Steve Ralls is stating the witnesses necessary for the passage of the bill.

    Posted by Edwin Bonilla on 05/28/2009 @ 05:53PM PT

  12. James Ashburn

    Let's hope for us all that UAFA passes!

    I am a gay man, US citizen, 38 years old and I currently reside in Amsterdam, The Netherlands. We first met in 2000 in San Francisco, California. I am in a same-sex relationship with the love of my life. He is a German citizen and 33 years old.

    We both want to return to California (despite the unjust ruling from the CA Supreme Court)...

    Please, everyone contact your Senators and your Rep and ask them to pass UAFA!

    Let's keep our fingers crossed!!!

    James in Amsterdam, US citizen in exile due to discriminatory US immigration laws

    Posted by James Ashburn on 05/29/2009 @ 01:28AM PT

  13. Lee Danner

    The UAFA needs to pass!United by Love- Divided by Lawhttp://tinyurl.com/d6zyyw

    Posted by Lee Danner on 06/04/2009 @ 05:48PM PT

  14. Nik Porter

    Yes!! I really hope the UNFA act is passed but I believe that it will be as well.  We have to be positive. I have a partner in Thailand that hope I can bring to the US similar to many straight couples.....It's hard enough here in Thailand even though many think of Thailand as accepting of LGBT rights...this article on Transsexuals and Thai Law goes into these wider issues a bit. 

    Posted by Nik Porter on 06/08/2009 @ 12:43AM PT

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Michael Jones

Michael is the Communications Director for the Human Rights Program at Harvard Law School, and previously was Communications Director for Pax Christi USA, a progressive Catholic human rights organization.

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