National
Blumenthal seeks to aid lesbian bi-national couple
Senator wants marriage-based green card application put on hold
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 for 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.
“Kelli 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 — a talented clinician, scientist, and valuable member of our community — 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. Truman is an ENT surgeon and a post-doctoral fellow at Yale. 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 DOMA’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 — even for the short term — 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. 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 DHS 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 DOMA’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, “prevent 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.” 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 – a talented clinician, scientist, and valuable member of our community – is not able to stay in the United States.
In the wake of Attorney General Holder’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.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
Congratulations to Gil Pontes III on his recent appointment to the Financial Advisory Board for the City of Wilton Manors, Fla. Upon being appointed he said, “I’m honored to join the Financial Advisory Board for the City of Wilton Manors at such an important moment for our community. In my role as Executive Director of the NextGen Chamber of Commerce, I spend much of my time focused on economic growth, fiscal sustainability, and the long-term competitiveness of emerging business leaders. I look forward to bringing that perspective to Wilton Manors — helping ensure responsible stewardship of public resources while supporting a vibrant, inclusive local economy.”
Pontes is a nonprofit executive with years of development, operations, budget, management, and strategic planning experience in 501(c)(3), 501(c)(4), and political organizations. Pontes is currently executive director of NextGen, Chamber of Commerce. NextGen Chamber’s mission is to “empower emerging business leaders by generating insights, encouraging engagement, and nurturing leadership development to shape the future economy.” Prior to that he served as managing director of The Nora Project, and director of development also at The Nora Project. He has held a number of other positions including Major Gifts Officer, Thundermist Health Center, and has worked in both real estate and banking including as Business Solutions Adviser, Ironwood Financial. For three years he was a Selectman, Town of Berkley, Mass. In that role, he managed HR and general governance for town government. There were 200+ staff and 6,500 constituents. He balanced a $20,000,000 budget annually, established an Economic Development Committee, and hired the first town administrator.
Pontes earned his bachelor’s degree in political science from the University of Massachusetts, Dartmouth.
Kansas
ACLU sues Kansas over law invalidating trans residents’ IDs
A new Kansas bill requires transgender residents to have their driver’s licenses reflect their sex assigned at birth, invalidating current licenses.
Transgender people across Kansas received letters in the mail on Wednesday demanding the immediate surrender of their driver’s licenses following passage of one of the harshest transgender bathroom bans in the nation. Now the American Civil Liberties Union is filing a lawsuit to block the ban and protect transgender residents from what advocates describe as “sweeping” and “punitive” consequences.
Independent journalist Erin Reed broke the story Wednesday after lawmakers approved House Substitute for Senate Bill 244. In her reporting, Reed included a photo of the letter sent to transgender Kansans, requiring them to obtain a driver’s license that reflects their sex assigned at birth rather than the gender with which they identify.
According to the reporting, transgender Kansans must surrender their driver’s licenses and that their current credentials — regardless of expiration date — will be considered invalid upon the law’s publication. The move effectively nullifies previously issued identification documents, creating immediate uncertainty for those impacted.
House Substitute for Senate Bill 244 also stipulates that any transgender person caught driving without a valid license could face a class B misdemeanor, punishable by up to six months in jail and a $1,000 fine. That potential penalty adds a criminal dimension to what began as an administrative action. It also compounds the legal risks for transgender Kansans, as the state already requires county jails to house inmates according to sex assigned at birth — a policy that advocates say can place transgender detainees at heightened risk.
Beyond identification issues, SB 244 not only bans transgender people from using restrooms that match their gender identity in government buildings — including libraries, courthouses, state parks, hospitals, and interstate rest stops — with the possibility for criminal penalties, but also allows for what critics have described as a “bathroom bounty hunter” provision. The measure permits anyone who encounters a transgender person in a restroom — including potentially in private businesses — to sue them for large sums of money, dramatically expanding the scope of enforcement beyond government authorities.
The lawsuit challenging SB 244 was filed today in the District Court of Douglas County on behalf of anonymous plaintiffs Daniel Doe and Matthew Moe by the American Civil Liberties Union, the ACLU of Kansas, and Ballard Spahr LLP. The complaint argues that SB 244 violates the Kansas Constitution’s protections for personal autonomy, privacy, equality under the law, due process, and freedom of speech.
Additionally, the American Civil Liberties Union filed a temporary restraining order on behalf of the anonymous plaintiffs, arguing that the order — followed by a temporary injunction — is necessary to prevent the “irreparable harm” that would result from SB 244.
State Rep. Abi Boatman, a Wichita Democrat and the only transgender member of the Kansas Legislature, told the Kansas City Star on Wednesday that “persecution is the point.”
“This legislation is a direct attack on the dignity and humanity of transgender Kansans,” said Monica Bennett, legal director of the ACLU of Kansas. “It undermines our state’s strong constitutional protections against government overreach and persecution.”
“SB 244 is a cruel and craven threat to public safety all in the name of fostering fear, division, and paranoia,” said Harper Seldin, senior staff attorney for the ACLU’s LGBTQ & HIV Rights Project. “The invalidation of state-issued IDs threatens to out transgender people against their will every time they apply for a job, rent an apartment, or interact with police. Taken as a whole, SB 244 is a transparent attempt to deny transgender people autonomy over their own identities and push them out of public life altogether.”
“SB 244 presents a state-sanctioned attack on transgender people aimed at silencing, dehumanizing, and alienating Kansans whose gender identity does not conform to the state legislature’s preferences,” said Heather St. Clair, a Ballard Spahr litigator working on the case. “Ballard Spahr is committed to standing with the ACLU and the plaintiffs in fighting on behalf of transgender Kansans for a remedy against the injustices presented by SB 244, and is dedicated to protecting the constitutional rights jeopardized by this new law.”
National
After layoffs at Advocate, parent company acquires ‘Them’ from Conde Nast
Top editorial staff let go last week
Former staff members at the Advocate and Out magazines revealed that parent company Equalpride laid off a number of employees late last week.
Those let go included Advocate editor-in-chief Alex Cooper, Pride.com editor-in-chief Rachel Shatto, brand partnerships manager Erin Manley, community editor Marie-Adélina de la Ferriére, and Out magazine staff writers Moises Mendez and Bernardo Sim, according to a report in Hollywood Reporter.
Cooper, who joined the company in 2021, posted to social media that, “Few people have had the privilege of leading this legendary LGBTQ+ news outlet, and I’m deeply honored to have been one of them. To my team: thank you for the last four years. You’ve been the best. For those also affected today, please let me know how I can support you.”
The Advocate’s PR firm when reached by the Blade said it no longer represents the company. Emails to the Advocate went unanswered.
Equalpride on Friday announced it acquired “Them,” a digital LGBTQ outlet founded in 2017 by Conde Nast.
“Equalpride exists to elevate, celebrate and protect LGBTQ+ storytelling at scale,” Equalpride CEO Mark Berryhill said according to Hollywood Reporter. “By combining the strengths of our brands with this respected digital platform, we’re creating a unified ecosystem that delivers even more impact for our audiences, advertisers, and community partners.”
It’s not clear if “Them” staff would take over editorial responsibilities for the Advocate and Out.
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