}

Thursday, March 31, 2011

Gratuitous cruelty continues

The United States Government is continuing its policy of gratuitous cruelty against gay and lesbian bi-national couples. Clarifying their announcement from two days ago, the US Immigration and Citizenship Services said that they are, in fact, still pursuing deportation of gay US citizens’ legally married foreign spouses who do not have permanent residence (a “green card”) on their own.

Under US immigration law, it’s completely routine for US citizens in heterosexual marriages to obtain green cards for their foreign spouses. However, the infamous Defense of Marriage Act (DOMA) bans the federal government from recognising legal same-sex marriages for any and all purposes, including, of course, immigration.

This cruelty is raised to an even higher level by the fact that getting married may actually put same-sex couples at greater risk of being ripped apart because it’s “evidence” that the foreign partner intends on staying in the US indefinitely.

So, let’s sum this up: Under US law, gay and lesbian citizens are, as Andrew Sullivan so correctly puts it, “sub-human in their needs and wants and rights”. A gay couple that’s been together 50 years are nothing but strangers to each other, legally speaking, but two heterosexuals can meet, marry five minutes later and instantly get the right to settle in the US.

Don’t try and defend that by saying, “yes, but the US Government would have to be convinced that the heterosexual couple was in a legitimate marriage.” So what? There is NOTHING a gay or lesbian couple can EVER do to prove their relationship is as real as Britney Spears' 55-hour marriage, so that defence of US policy is just stupid—and so is anyone who uses it.

New Zealand—like many countries in the world—treats same-sex couples exactly the same as opposite-sex couples for immigration purposes, and it also permits permanent residents to sponsor their foreign partner (something else the US doesn’t allow). This is an issue where New Zealand is far, far better than the United States. Americans can demand that the US government catches up with New Zealand, or they can choose to be parties to gratuitous cruelty. Seems like an obvious—and easy—choice to me.

6 comments:

Roger Owen Green said...

I had this good friend in college who's now married and living in Canada because the US was so hostile to their relationship.

Maupassant said...

So if one of a married gay couple gets seriously ill, is the next of kin their spouse, or their (possibly estranged) birth family? Let me guess ...

Roger: Welcome to them. I very happy that we in Canada are at least that sane. Now if we can just keep it that way-- keeping Mr Harper from getting his majority and trying to turn the clock back.

Ben said...

And this is one of the reasons I was more or less chased out of the USA and into Australia (which I don't regret at all, regardless of the outcome). I'd love to see some changes happen...

Arthur Schenck said...

Roger: That's exactly the reason why I moved to New Zealand and Nigel didn't move to the US: There was NO alternative to me leaving the US.

Maupassant: Next of kin is MOSTLY a state matter, apart from federal pension matters and veteran's burials—and social security. As far as the US Federal Government is concerned, every gay or lesbian person dies alone, with no survivors. And this is why America is wrong.

Ben: Yep, I'm with you. I don't regret moving to New Zealand, where I am valued, and treated, as a human being. I just want my homeland to catch up.

Juli said...

I am saddened by the continuing discrimination against same-sex couples in the U.S. This must change, but change is slow. May it happen in our lifetimes. xx

Arthur Schenck said...

I hope so, Juli. But at least things are better in New Zealand…