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Blumenthal seeks to aid lesbian bi-national couple

Senator wants marriage-based green card application put on hold

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Sen. Richard Blumenthal (Blade file photo by Michael Key)

The junior senator from Connecticut is asking the Obama administration to hold a green card petition for a British national in same-sex relationship who would be eligible for residency in the United States if not for the Defense of Marriage Act.

In the Nov. 10 letter, Sen. Richard Blumenthal (D-Conn.) asks the Department of Homeland Security to hold the application forĀ Kelli Ryan and her wife Lucy Truman. The couple, married in Connecticut in 2010, is seeking a green card through a marriage-based petition so that Truman, a citizen of the United Kingdom, can reside in the United States.

ā€œKelli and Lucy are active and valuable members of our community,” Blumenthal writes. “The United States stands to lose two highly intelligent and talented women to the United Kingdom if Lucy ā€” a talented clinician, scientist, and valuable member of our community ā€” is not able to stay in the United States.”

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A U.S. citizen with a Ph.D. in immunology, Ryan works for a pharmaceutical company on drug discovery research to help combat autoimmune diseases, such as multiple sclerosis. TrumanĀ is an ENT surgeon and a post-doctoral fellow at Yale.Ā The couple filed their marriage-based application on Thursday.

Blumenthal asks Secretary of Homeland Security Janet Napolitano to hold the application on the basis that the Obama administration determined that DOMA is unconstitutional in February and the validity of the anti-gay law remains in question.

“The question of DOMAā€™s constitutionality and validity as applied to the lawful marriages of same-sex couples in states like Connecticut has yet to be decided by the federal courts and Congress,” Blumenthal writes. “Until such a final determination is made, I ask that you withhold judgment on the validity of this petition from lawfully married Connecticut citizens.”

Under current immigration law, straight Americans can sponsor their foreign spouses for residency in the United States. But the Defense of Marriage Act, which prohibits federal recognition of same-sex marriage, prohibits gay Americans from taking the same action for their same-sex spouses.

During a conference call Thursday, Ryan said the lack of her ability to sponsor her spouse for residency has been burdensome in decisions such as buying furniture, financial planning, and having children.

“There are some very simple practical everyday aspects of lives that are affected,” Ryan said. “For example, it’s really difficult to do any sort of planning ā€” even for the short term ā€” let alone the long term.”

Truman isn’t currently in danger of deportation from the country. She said during the conference call she’s currently able to stay within the United States on a work-based visa. However, that visa must be renewed every two years.

Blumenthal’s letter isn’t the first time lawmakers have urged DHS to hold marriage-based green applications in abeyance for bi-national gay couples.Ā Rep. Zoe Lofgren (D-Calif.) and 47 other House members in April sent a letter to DHS asking for relief. A similar letter from Sen. John Kerry (D-Mass.) and 11 other senators was sent to DHSĀ in the same month.

The Department of Homeland Security didn’t respond to the Washington Blade’s request to comment on the most recent letter from Blumenthal. The Obama administration has said even though it believes DOMA is unconstitutional and won’t defend the law in court, the law will still be enforced as long as it remains on the books.

Blumenthal joins Immigration Equality is seeking to take action for Ryan and Truman. The LGBT immigration group is representing the couple in their bid to remain together in the United States.

Read the full text of Blumenthal’s letter here:

The Honorable Janet Napolitano
Secretary
Department of Homeland Security
Washington DC, 20393

Dear Madam Secretary,

I respectfully request that the Department of Homeland Security (DHS), and United States Citizenship and Immigration Services (USCIS) in particular, hold the spousal petition of Kelli Ryan and her wife Lucy Truman in abeyance pending a final determination of the constitutionality of the Defense of Marriage Act (DOMA). The Department of Justice (DOJ) has already indicated that it believes the law to be unconstitutional, and has declined to defend it in court. Moreover, the question of DOMAā€™s constitutionality and validity as applied to the lawful marriages of same-sex couples in states like Connecticut has yet to be decided by the federal courts and Congress. Until such a final determination is made, I ask that you withhold judgment on the validity of this petition from lawfully married Connecticut citizens.

In a letter dated April 14, 2011 addressed to you and Attorney General Holder by Representative Lofgren and 47 other members of the United States House of Representatives, similar relief was requested for all married couples of the same sex seeking spousal immigration sponsorship. These 48 Representatives asserted that holding same-sex spousal petitions in abeyance would not disrespect existing law, but would rather, ā€œprevent the potentially irreparable harm that would be caused by application of a law that is currently under review by the courts and the U.S. Congress.ā€ Until a final determination of the status of this law is made, the status quo should be preserved.

Also in April, Senator Kerry and 11 other Senators wrote to you and Attorney General Holder asking that you hold marriage-based petitions in abeyance pending legislative or judicial resolution of the constitutionality of DOMA. In a joint response, you and the Attorney General indicated that both DHS, including relevant sub-agencies such as USCIS, and DOJ exercise discretion in their treatment of individual cases. In my opinion, the couple in the present case deserves such review and should have their spousal petition held in abeyance.

Kelli Ryan and Lucy Truman met in Scotland in 2000. They entered into a civil union in the United Kingdom in 2006 and married in Connecticut in 2010. Kelli is a United States citizen with a Ph.D. in immunology. Lucy, who hails from the United Kingdom, is an ENT surgeon with an M.D. Ph.D. Kelli works for a pharmaceutical company in Connecticut, and is deeply engaged in drug discovery research to help combat deadly autoimmune diseases, with a particular focus on multiple sclerosis. Lucy is a post-doctoral fellow at Yale. Kelli and Lucy are active and valuable members of our community. Having been lawfully married in Connecticut, they now seek to establish long-term roots in our state. Kelli would like to sponsor Lucy for a family-based immigration visa in the hopes of making Connecticut their permanent home. The United States stands to lose two highly intelligent and talented women to the United Kingdom if Lucy ā€“ a talented clinician, scientist, and valuable member of our community ā€“ is not able to stay in the United States.

In the wake of Attorney General Holderā€™s February 23, 2011 letter to Congress announcing that the President will no longer defend DOMA in federal court, couples like Kelli and Lucy face great uncertainty about their treatment under the law. Historically, the Department of Homeland Security has responded to such uncertainty by taking administrative actions to ensure the preservation of the status quo until a resolution has been achieved. For instance, in July 2009, DHS temporarily deferred action with regard to the widows of American citizens and their minor children to await impending legislative action that would provide those individuals with a path toward permanent resident status. A similar approach should be taken with regard to section 3 of DOMA as applied to lawful marriages of same-sex couples.

Ultimately, I believe DHS should establish a mechanism allowing couples similarly situated to Kelli and Lucy to have their green card applications held in abeyance. In the absence of such a mechanism, however, I ask that you act in this particular case to provide temporary relief to Kelli Ryan and Lucy Truman by holding their spousal petition in abeyance in an effort to avoid future harm to this couple and to the State of Connecticut. I appreciate your time and attention to this important matter.

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Arizona

Ariz. governor vetoes anti-transgender, Ten Commandments bill

Katie Hobbs has pledged to reject anti-LGBTQ bills that reach her desk

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Arizona Gov. Katie Hobbs speaks with reporters at an April 8, 2024 press conference. (Photo courtesy of Hobbsā€™s Facebook page)

BY CAITLIN SIEVERS | A slew of Republican bills, including those that would have allowed discrimination against transgender people and would have given public school teachers a green light to post the Ten Commandments in their classrooms, were vetoed by Gov. Katie Hobbs on Tuesday. 

Hobbs, who has made it clear that sheā€™ll use her veto power on any bills that donā€™t have bipartisan support ā€” and especially ones that discriminate against the LGBTQ community ā€” vetoed 13 bills, bringing her count for this year to 42.

Republicans responded with obvious outrage to Hobbsā€™s veto of their ā€œArizona Womenā€™s Bill of Rights,ā€ which would have eliminated any mention of gender in state law, replacing it with a strict and inflexible definition of biological sex. The bill would have called for the separation of sports teams, locker rooms, bathrooms, and even domestic violence shelters and sexual assault crisis centers by biological sex, not gender identity, green-lighting discrimination against trans Arizonans.

ā€œAs I have said time and again, I will not sign legislation that attacks Arizonans,ā€ Hobbs wrote in a brief letter explaining why she vetoed Senate Bill 1628

The Arizona Senate Republicansā€™ response to the veto was filled with discriminatory language about trans people and accused them of merely pretending to be a gender different than they were assigned at birth. 

ā€œWith the radical Left attempting to force upon society the notion that science doesnā€™t matter, and biological males can be considered females if they ā€˜feelā€™ like they are, Katie Hobbs and Democrats at the Arizona State Legislature are showing their irresponsible disregard for the safety and well-being of women and girls in our state by killing the Arizona Womenā€™s Bill of Rights,ā€ Senate Republicans wrote in a statement. 

The Senate Republicans went on to accuse the Democrats who voted against the bill of endangering women. 

ā€œInstead of helping these confused boys and men, Democrats are only fueling the dysfunction by pretending biological sex doesnā€™t matter,ā€ Senate President Warren Petersen said in the statement. ā€œOur daughters, granddaughters, nieces, and neighbors are growing up in a dangerous time where they are living with an increased risk of being victimized in public bathrooms, showers, and locker rooms because Democrats are now welcoming biological males into what used to be traditionally safe, single-sex spaces.ā€

But trans advocates say, and at least one study has found, that thereā€™s no evidence allowing trans people to use the bathroom that aligns with their identity makes those spaces less safe for everyone else who uses them. 

In the statement, the billā€™s sponsor, Sen. Sine Kerr (R-Buckeye), claimed that the bill would have stopped trans girls from competing in girls sports, something she said gives them an unfair advantage. But Republicans already passed a law to do just that in 2022, when Republican Gov. Doug Ducey was still in office, though that law is not currently being enforced amidst a court challenge filed by two trans athletes. 

Republicans also clapped back at Hobbsā€™ veto of Senate Bill 1151, which would have allowed teachers or administrators to teach or post the Ten Commandments in public school classrooms, a measure that some Republicans even questioned as possibly unconstitutional. 

In a statement, the billā€™s sponsor, Sen. Anthony Kern (R-Glendale), accused Hobbs of ā€œabandoning Godā€ with her veto. 

ā€œAs society increasingly strays away from God and the moral principles our nation was founded upon, Katie Hobbs is contributing to the cultural degradation within Arizona by vetoing legislation today that would have allowed public schools to include the Ten Commandments in classrooms,ā€ Kern said in the statement. 

In her veto letter, Hobbs said she questioned the constitutionality of the bill, and also called it unnecessary. During discussion of the bill in March, several critics pointed out that posting the Ten Commandments in public school classrooms, tenets of Judeo-Christian religions, might make children whose families practice other religions feel uncomfortable. 

ā€œSadly, Katie Hobbsā€™ veto is a prime example of Democratsā€™ efforts to push state-sponsored atheism while robbing Arizonaā€™s children of the opportunity to flourish with a healthy moral compass,ā€ Kern said. 

Another Republican proposal on Hobbsā€™s veto list was Senate Bill 1097, whichĀ would have madeĀ school board candidates declare a party affiliation. School board races in Arizona are currently nonpartisan.Ā 

ā€œThis bill will further the politicization and polarization of Arizonaā€™s school district governing boards whose focus should remain on making the best decisions for students,ā€ Hobbs wrote in her veto letter. ā€œPartisan politics do not belong in Arizonaā€™s schools.ā€

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Caitlin Sievers

Caitlin joined the Arizona Mirror in 2022 with almost 10 years of experience as a reporter and editor, holding local government leaders accountable from newsrooms across the West and Midwest. She’s won statewide awards in Nebraska, Indiana and Wisconsin for reporting, photography and commentary.

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The preceding piece was previously published by the Arizona Mirror and is republished with permission.

Amplifying the voices of Arizonans whose stories are unheard; shining a light on the relationships between people, power and policy; and holding public officials to account.

Arizona Mirror is part of States Newsroom, the nationā€™s largest state-focused nonprofit news organization.

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Senate committee: Republican attorneys general abused power demanding trans medical records

AGs used ‘abusive legal demands’

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U.S. Senate Finance Committee hearing room in the Dirksen Senate Office Building. (Photo courtesy of the U.S. Senate Finance Committee)

In a 10-page report released on Tuesday by staff for the Democratic majority of the U.S. Senate Finance Committee, the Republican attorneys general of Tennessee, Missouri, Indiana, and Texas are accused of using “abusive legal demands” to collect the medical records of transgender patients in furtherance of the attorneys general’ “ideological and political goals.”

According to the document, which is titled “How State Attorneys General Target
Transgender Youth and Adults by Weaponizing the Medicaid Program and their Health Oversight Authority,” the attorneys general used specious or misleading legal pretexts to justify their issuance of civil investigative demands to healthcare providers.

For example, the office of Tennessee Attorney General Jonathan Skrmetti framed the request as part of a probe into the potential misuse of Medicaid funds, while the offices of Indiana Attorney General Todd Rokita and Missouri Attorney General Andrew Bailey cited suspected violations of consumer protection laws. The office of Texas Attorney General Ken Paxton, which demanded records from “at least two hospitals located in Texas as well as at least two medical providers” in Washington and Georgia, did not disclose why the requests were issued.

The report found that information requested by the attorneys general’s offices included “invasive items such as unredacted physical and mental health records, photographs of childrenā€™s bodies, correspondence to hospitalsā€™ general email addresses for LGBTQIA+ patients, and lists of people referred for transgender health care.”

In response, and in what the committee called “a grave violation of patient privacy and trust,” some providers turned over “near-complete, patient-identifiable” information while others used legal processes available to them such as privacy protections in the Health Insurance Portability and Accountability Act to share fewer details with the attorneys general’s offices.

The report noted that Vanderbilt University Medical Center in Nashville had “failed to object in any material manner to the Tennessee attorney generalā€™s sweeping request and then caused undue terror to young patients and their families by supplying the Tennessee attorney general with some of the records requested and then, again, by erroneously notifying some patients of medical record disclosures that had not occurred.”

News concerning Vanderbilt’s receipt of and compliance with the demands from Skrmetti’s office was made public in June, sparking widespread concern and panic among many of the center’s trans patients and their families. Some, according to the report, experienced suicidal ideation and emotional distress including depression and anxiety.

A plaintiffs’ lawsuit was filed in July over VUMC’s failure to redact personally identifying information from the medical records. The following month, the center disclosed plans to comply with an investigation by the U.S. Department of Health and Human Services Office of Civil Rights.

In a statement to NBC News, Michael Regier, the medical centerā€™s general counsel and secretary, said the hospital disputes the findings published in the committee’s report and had submitted “a detailed letter outlining our concerns about its proposed findings before it was released.ā€ 

“We made every effort to both protect our patients and follow the law,ā€ Regier said, adding that “At no point did we violate privacy laws, and we strongly disagree with any suggestion that we did.”

However, the committee’s report notes that by contrast, providers in other states like the Washington University School of Medicine in St. Louis refused to turn over patient records, citing privacy concerns and HIPPA regulations. And after staff for U.S. Sen. Ron Wyden (D-Ore.), the committee chair, had requested and reviewed copies of correspondence between VUMC and the Tennessee attorney general’s office, they concluded that the documentation “sheds light, for the first time, on the full extent of VUMC’s acute and repeated failures to protect its patients.”

For example, the report explains that after Skrmetti’s office issued the initial request to VUMC, it followed up with two additional civil investigative demands for “confidential information across 18 categories without any bounds on the number of patients or people implicated” ranging from “employment contracts for physicians to volunteer agreements for the
VUMC Trans Buddy Program to communications to and from a general email address.”

In response, the hospital shared “65,000 pages of documents, including the medical records of 82 transgender patients.” The information that was provided pursuant to receipt of Skrmetti’s office’s third civil investigative demand is unknown.

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Guatemalan LGBTQ activist granted asylum in US

Estuardo Cifuentes fled country in 2019

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Estuardo Cifuentes outside a port of entry in Brownsville, Texas, on March 3, 2021, shortly after he entered the U.S. (Photo courtesy of Estuardo Cifuentes)

The U.S. has granted asylum to a Guatemalan LGBTQ activist who fled his country in 2019.

Estuardo Cifuentes and his partner ran a digital marketing and advertising business in Guatemala City. 

He previously told the Washington Blade that gang members extorted from them. Cifuentes said they closed their business after they attacked them.

Cifuentes told the Blade that Guatemalan police officers attacked him in front of their home when he tried to kiss his partner. Cifuentes said the officers tried to kidnap him and one of them shot at him. He told the Blade that authorities placed him under surveillance after the incident and private cars drove past his home.

Cifuentes arrived in Matamoros, a Mexican border city that is across the Rio Grande from Brownsville, Texas, in June 2019. He asked for asylum in the U.S. based on the persecution he suffered in Guatemala because of his sexual orientation.

The Trump administration forced Cifuentes to pursue his asylum case from Mexico under its Migrant Protection Protocols program that became known as the “remain in Mexico” policy.

Cifuentes while in Matamoros ran Rainbow Bridge Asylum Seekers, a program for LGBTQ asylum seekers and migrants that the Resource Center Matamoros, a group that provides assistance to asylum seekers and migrants in the Mexican border city, helped create.

The Biden-Harris administration in January 2021 suspended enrollment in MPP. Cifuentes entered the U.S. on March 3, 2021.

“We are profoundly relieved and grateful that my husband and I have been officially recognized as asylees in the United States,” Cifuentes told the Blade on Monday in an email. “This result marks the end of a long and painful fight against the persecution that we faced in Guatemala because of our sexual orientation.”

Vice President Kamala Harris is among those who have said discrimination and violence based on sexual orientation are among the root causes of migration from Guatemala and other countries in Central America.

Cifuentes is now the client services manager for Lawyers for Good Government’s Project CorazĆ³n, a campaign that works “hard to reunite and defend the rights of families impacted by inhumane immigration policies.” He told the Blade he will continue to help LGBTQ asylum seekers and migrants.

“In this new chapter of our lives, we pledge to work hard to support others in similar situations and to contribute to the broader fight for the rights and acceptance of the LGBTQ+ migrant community,” said Cifuentes. “We are hopeful that our story will serve as a call to action to confront and end persecution based on gender identity and sexual orientation.”

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