WP: Gay couples should be allowed to stay together in the United States

This editorial was in today's Washington Post.

Separation Anxiety
Gay couples should be allowed to stay together in the United States

THE UNITING American Families Act would allow gay and lesbian Americans and permanent residents to sponsor their foreign-born partners for legal residency in the United States. The bill, introduced last month in the Senate by Patrick Leahy (D-Vt.) and in the House by Jerrold Nadler (D-N.Y.), would add "permanent partner" and "permanent partnership" after the words "spouse" and "marriage" in relevant sections of the Immigration and Nationality Act. If passed, it would right a gross unfairness.

Under the proposal, a "permanent partnership" is defined as a "committed, intimate relationship" with another adult "in which both parties intend a lifelong commitment." The couple must be financially interdependent and not married to or in a permanent partnership with anyone else. And the partners can't be related. The benefit comes with the same immigration restrictions and enforcement standards that apply to heterosexual couples. Fraudulent permanent partnerships face the same penalties as fake marriages: up to five years in prison and up to a $250,000 fine.

"Under current law, committed same-sex foreign partners of American citizens are unable to use the family immigration system, which accounts for a majority of the green cards and immigrant visas granted annually by the United States," Mr. Leahy said upon introducing the bill. "The promotion of family unity has long been part of federal immigration policy, and we should honor that principle by providing all Americans the opportunity to be with their loved ones." According to the most recent census, he added, about 35,000 binational, same-sex couples are living in the United States. The new legislation would ensure that the family connections valued under immigration law are extended to gays and lesbians.

The strain of the status quo on gay and lesbian binational couples should not be discounted. Because their relationships are not legally recognized by the United States, some couples have resorted to illegal marriages where the foreign nationals marry Americans to get green cards that allow them to stay in the country permanently. In other cases, Americans have exiled themselves to be with their partners. Sixteen countries, including Australia, Brazil, Canada, Israel, South Africa and the United Kingdom, allow residents to sponsor same-sex permanent partners for legal immigration. American gays and lesbians should not have to choose between their country and their partners.

Digger comments:
This is an issue of particular importance to gay and lesbians Foreign Service families.

Like their heterosexual colleagues, many LGBT Foreign Service officers go overseas and fall in love. But while their heterosexual colleagues can get legally married, and then apply for marriage-based immigration, LGBT foreign service officers can not. In fact, the foreign-born spouses of heterosexual foreign service officers can apply for expeditious naturalization, allowing them to become naturalized Americans more quickly and without the required time in the United States so that their spouse may continue to serve overseas as needed without jeopardizing their immigration status.

Of course, this also means that the Foreign Service officer with a heterosexual foreign-born spouse can serve in DC, which most people know is neccessary to advance their careers in the State Department. This is not an option for many LGBT foreign service officers, who end up spending their entire careers overseas to the deteriment of their ability to make connections in the Department and even to be promoted. Instead, they must choose to serve in places where they can be with their partners because it is too difficult to have their partners come back to DC with them for any length of time. It also means that Foreign Service Officers can not retire to the country they have loved and served without abandoning the partner who supported them in their service.

It is time to fix this.