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Two of the most hotly followed topics seem to be colliding. Gay and Immigration rights rarely intersect. However, it should be noted that, in the past, organizers of both causes have come together to show a united front. This is all about to change though. Recent developments seem to be bringing these issues within striking distance of each other. As a gay immigrant I could not be more delighted.
I am constantly in a two-front war. Either I have to dodge anti-immigrant or anti-gay legislature and rhetoric. And the victories seem to come in small increments but only to remind me that my other important cause is being left behind. Rarely do I get a victory that advances both causes.
Late last week it was revealed that Obama has instructed the Department of Homeland Security, which overseas U.S. Immigration and Customs Enforcement (ICE), the agency in charge of deportations, to exercise discretion when determining which cases to prosecute. It was revealed that the Government will seek to focus on those immigrants who pose a threat to national security. This means that individuals who do not fall under that category may have their cases dismissed or set aside indefinitely.
Another recent development is the Department of Justice declaration that it can no longer defend the indefensible (Defense of Marriage Act).
These two recent developments will almost certainly require that Immigration Judges set aside any deportation proceedings in cases involving bi-national gay couples (especially if the non-citizen is considered a non-threat to national security).
This is evident by ICE’s decision to close the case involving a San Francisco gay couple. This will allow Alex Benshimol and Douglas Gentry to stay together. You can read the story here. Yet another example is the case of Violeta Pando and her Mexican national wife Sujey. Colorado Judge Mimi Tsankov halted the deportation case entirely. You can read the Advocate’s story by clicking on this link.
While a sweeping and definitive win would be ideal I still celebrate the incremental victories.
DOMA, with its obviously bigoted intent, should have been repealed a long time ago. Never has a law been so out of touch with its “intended” purpose. How is it that a law that is supposed to defend marriage does not address the number one threat to marriage – divorce? Neither the law nor its defenders have ever identified how it is that gay marriage is a threat to opposite sex marriage.
For government to have on its books a law that does nothing more than to inscribe into law religiously fueled bias is utterly un-democratic.
For all of those who cry patriotism and who self describe as conservative. I ask them to take a look at DOMA and explain to me, or themselves at the very least. How is it that you can stand for small government, freedom of religion, and liberty and justice for all and yet defend a law that spits on the face of every single one of those constitutional pillars? DOMA is un-American. And it is time that conservatives recognized this.
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