National
Bi-national couple files class-action suit against DOMA
Same-sex couple faces relocation to the Philippines
A bi-national couple in California and their son have filed a lawsuit against the Defense of Marriage Act in court in attempt to avoid separation or relocation to the Philippines.
The lawsuit, Aranas v. Napolitano, was filed Thursday by the Center for Human Rights on Constitutional Law on behalf of a Filipino foreign national along with her 25-year-old son and her U.S. citizen spouse. The class-action suit is pending before the U.S. District Court for the Central District of California.
Jane DeLeon, an immigrant from the Philippines who came to the United States in 1989, has lived with her U.S. citizen partner in California, Irma Rodriguez, for twenty years. They were married in 2008 prior to passage of Proposition 8. DeLeon had her son, Martin Aranas, in a previous marriage with a man and he came to the United States when he was nine years old. His legal status is dependent on his mother’s.
DeLeon and Aranas had temporary lawful status for several years while their visa applications were being processed. DeLeon was approved for an immigrant visa based on her employment, but because she entered the country using the name of her then common-law husband, she needed a I-601 waiver from U.S. Citizenship and Immigration Service to retain legal status.
According to the lawsuit, DeLeon tried many avenues to obtain the waiver, but was denied in every attempt. Ultimately, DeLeon made the case the relocation to the Philippines would cause undue hardship for the couple. The complaint says Rodriguez suffers from hypertension and the medication she takes, Ultram, isn’t available in country. The lawsuit also cites the State Department annual human rights report and its assertion that the Philippines can be a hostile place for LGBT people.
Nonetheless, on Nov. 9, the federal government denied the application, citing Section 3 of DOMA, which prohibits federal recognition of same-sex marriage. According to a news statement, DeLeon was advised that her temporary lawful status was revoked and if she didn’t depart the country within 12 months she would be barred from reentry for a minimum of ten years.
In the statement, DeLeon said she and her family “pray that the administration will change its mind” and grant her relief so that she’s able to stay within the country.
“Irma and I have committed to each other for the rest of our lives,” DeLeon said. “We now face being forced to move to the Philippines or breaking up our family only because we are legally married women. We would face persecution in the Philippines because we are a same sex couple, not to mention dire poverty, separation from our extended families who live here, and lack of access to medical treatment Irma needs.”
Aranas also said he wants to see the administration change its decision so both he and his mother can remain together in the United States.
“I have attended school here and continue to attend school while working part-time,” Aranas said. “My legalization depends on my mother’s case. After many years of having temporary legal status, I now face being in ‘illegal’ status only because my mother is in a same sex marriage. I hope and pray that President Obama will allow me and the hundreds or thousands of children of gay married couples to continue living here with some legal protection until the courts decide whether denying our parents immigration benefits is constitutional.”
Plaintiffs contend DOMA is unconstitutional because it violates the due process and equal protection guarantees of the Fifth Amendment of the U.S. Constitution. The prayer for relief calls for the court to certify a class of similarly situated same-sex married couples and to rule that applying DOMA in this matter is unlawful. Additionally, the lawsuit asks for a temporary injunction preventing the federal government from removing or detaining plaintiffs or denying them access to employment.
Peter Schey, an attorney with the Center for Human Rights and Constitutional Law, said he hopes the lawsuit prompts the administration to change its policy and offer across the board relief for DeLeon’s family and those who are similarly situated.
“To discriminate against this population by requiring that they live underground, work illegally, or worse be deported, while the courts address the constitutionality of DOMA is unconscionable,” Schey said. “If President Obama understood that undocumented youth are entitled to temporary protection from deportation while Congress grabbles with their status, he should understand that same sex married couples are entitled to temporary protection from deportation while the courts decide if they agree with his administration that DOMA is unconstitutional.”
Lavi Soloway, an immigration attorney and founder of the Stop the Deportations, said the case is the sixth to be filed in federal court in which a married bi-national couple has challenged DOMA. Soloway, who isn’t involved in the litigation, said the lawsuit takes its place at the back of line behind nearly 20 other cases challenging DOMA and predicted that the two cases on appeal to the Supreme Court would be resolved by Summer 2013 — much sooner than the resolution of the latest case.
Still, Soloway said the filing of the lawsuit “highlights the urgent need” for the Obama administration to act on its own accord and put marriage-based green card application by gay families on hold in addition to instituting a moratorium on DOMA-based deportations.
“The Obama administration has refused to act to protect LGBT families impacted by DOMA in the immigration context, despite strenuous efforts by members of both the House and Senate to urge implementation of these remedies,” Soloway said. “Thousands of gay and lesbian Americans struggle every day with the crisis of expiring visas, separation, exile, and deportation caused solely by DOMA. This can end now if the Obama administration uses the power of the executive branch to implement remedies to protect our families until DOMA is gone.”
The Department of Homeland Security has repeatedly said it would continue to enforce to DOMA in the face of calls to hold marriage-based green cards for same-sex couples in abeyance. The administration has said it would examine potential deportations on a case-by-case basis and would consider low priority individuals with ties to the community, including LGBT families.
Florida
Gay Fla. Democrat Elijah Manley sees opportunity in Trump’s second term
State’s 20th Congressional District’s includes Broward, Palm Beach Counties
Just over two and a half miles from President Donald Trump’s primary residence lies one of Florida’s most reliably Democratic congressional districts. There, a 27-year-old progressive is mounting a campaign centered on resisting what he calls the Trump-Vance administration’s attacks on civil rights, immigrants, and LGBTQ Americans.
Elijah Manley, an openly gay Democrat, sat down with the Washington Blade to discuss why he is running for Florida’s 20th Congressional District, why he believes this moment calls for a new generation of leadership, and what he hopes to accomplish if elected to Congress.
Born and raised in Fort Lauderdale’s historic Sistrunk neighborhood — the city’s oldest African American community — Manley was raised by a single mother who struggled to make ends meet. His family experienced housing insecurity and, at one point, homelessness, experiences he says continue to shape both his politics and his policy priorities.
For Manley, those experiences are precisely what he believes Congress is missing.
“I think now the country is in need of somebody like me, with my story, my lived experience, the struggles I’ve been through in my life. We’re going through a really dark time in the country with the Trump administration coming for our civil rights and an economy that is not working for everybody. In a time where we have MAGA fascism, we need progressive leadership, and we need people who are really going to do the work of fighting back and resisting and obstructing Donald Trump and MAGA Republicans’ agenda in Congress.”
Manley said his campaign is also about ensuring people from marginalized communities — those without wealth, political connections, or institutional backing — have a voice in Congress.
“I think my story sets me aside from everyone else. I’m the only one in this race who has a story to tell voters that lines up with their lived experiences and their struggles. Growing up in poverty and experiencing homelessness was instrumental in developing my worldview and how I fight for people, and I think that’s something that’s absent on Capitol Hill.”
He argues that lived experience offers a perspective often missing on Capitol Hill.
“There are too many lawyers and people coming from professional and political backgrounds. Then you have somebody like me who is rooted in the story of this district. That’s what sets me apart from everyone else in this race.”
According to his campaign website, Manley’s interest in public service dates back to childhood. He cites the election of President Barack Obama as a defining moment that inspired him to pursue politics.
“He was inspired by Barack Obama’s historic election, igniting his passion for public service. He began writing to elected officials, speaking at school board and city council meetings, and advocating for issues affecting his community,” the website states. It goes on to describe his involvement in criminal justice and law magnet programs, Navy JROTC, and hundreds of hours of volunteer service while in high school.
As an openly gay candidate running during Trump’s second administration, Manley said Congress must take a far more aggressive approach to protecting LGBTQ Americans, particularly as Republican-led states continue passing restrictions targeting transgender people.
“I think we need to bring the hammer down on some of these states. I’m not one of these states’ rights people — Congress has the power to preempt laws that states pass through the Supremacy Clause. There’s never been a more important time in our history when we’re seeing fascism, we’re seeing an administration out of control, and we need Congress to act.”
His campaign has also drawn criticism from both Republicans and establishment Democrats for his positions on Gaza, immigration, and his call to abolish U.S. Immigration and Customs Enforcement.
Manley said abolishing ICE does not mean eliminating immigration enforcement altogether.
“I’m not saying there should be no immigration laws. We want laws around immigration, but we want dignity. We don’t need a hypermilitarized, paramilitary group chasing people through the streets, terrorizing communities, churches, schools, and families.”
His personal experiences also inform his healthcare agenda.
“When we talk about healthcare, my experience growing up on Medicaid is seeing the failure of the government to expand Medicaid here in Florida, and now we’re seeing cuts from the Trump administration. I’m not just looking at statistics or numbers on paper — this is based on lived experience. I know how the people in this district are going to be hurt by these policies because I’ve lived it.”
California Democratic Congressman Ro Khanna, who has generated early buzz as a potential 2028 presidential contender for his “progressive capitalist” approach to governing, has endorsed Manley’s campaign, giving the first-time congressional candidate one of his highest-profile endorsements.
Manley faces six other Democrats in the primary, including U.S. Rep. Debbie Wasserman Schultz and former U.S. Rep. Sheila Cherfilus-McCormick, along with four Republican candidates in the general election field. Cherfilus-McCormick resigned from Congress ahead of a potential expulsion and is running again while facing federal criminal charges.
Despite running as the youngest candidate in the field, Manley said he hopes voters leave the race remembering one thing above all else.
“I want people to remember bold and authentic leadership. I want them to know I’m running because I’ve been through what people are going through right now — and it’s not that I’ve been through it, I’m actually still going through it. We need bold people who are going to fight for everybody and stand up for what’s right, and that’s what I hope voters see when they go to the polls.”
Florida
Former Fla. gubernatorial candidate Andrew Gillum arrested on drug charges
Democrat narrowly lost to DeSantis in 2018, later came out as bisexual
Andrew Gillum, the former Democratic nominee for governor of Florida and former mayor of Tallahassee, was arrested on drug possession charges in Alabama last week.
Police in Daphne, Ala., said they pulled Gillum over for erratic driving and found marijuana and methamphetamine in his vehicle. He was charged with possession of marijuana and unlawful possession of a controlled substance, according to the Daphne Police Department. Jail records show he was arrested on July 2 and released on July 3, the Associated Press reports.
Gillum, the first Black nominee of a major political party for governor in Florida, lost the 2018 election to current Republican Gov. Ron DeSantis in a highly contentious race.
Once considered a rising star in national politics, Gillum served in Tallahassee’s local government, first as a city commissioner and then as mayor of Florida’s capital from 2014- 2018.
The Daphne Police Department said officers stopped Gillum’s vehicle around 10:45 p.m. and initiated a probable cause search after one officer noticed a glass pipe on the center console.
During the search, officers found several rolled marijuana cigarettes and three packages containing a substance that tested positive for methamphetamine, police said.
The day after his arrest he was charged with possession of dangerous drugs, use or possession of drug paraphernalia, and possession of marijuana.
In 2020, Gillum was involved in a similar incident when he was found in a Miami Beach, Fla., hotel room with a man identified as an escort who had apparently overdosed on drugs. Police also found three bags of suspected crystal methamphetamine in the room. The man survived, and no one was ever charged with a crime.
Later that year, Gillum came out as bisexual during an appearance on “The Tamron Hall Show,” where he discussed his struggles with drug and alcohol addiction and his decision to seek treatment following the 2020 incident.
In the same interview he shed light onto this, saying his substance use was a byproduct of the emotional struggles he experienced after losing the 2018 gubernatorial race to DeSantis.
This is not the first time Gillum has faced legal scrutiny.
During his 2014 mayoral campaign, he faced allegations of misconduct after hiring private equity investor Adam Corey as his campaign treasurer, raising questions about a potential conflict of interest. However, the FBI ultimately concluded there was no conflict of interest.
Pennsylvania
Philadelphia murder suspect remains at large
Two killed, one injured in attacks motivated by victims’ sexual orientation
Police seek the public’s support in finding a suspect wanted in connection with three Philadelphia shootings, including two murders, who may have targeted his victims because they were gay. All three shootings took place near Hunting Park Recreation Center between May 29 and June 26.
The suspect is 21-year-old Jahylin Melchur, who has not been located by police and is not in police custody as of July 7. Police seek the public’s support in tracking down the suspect, whose image was captured on surveillance cameras. Previous reporting underlined that Melchur should be considered armed and dangerous.
Each of the victims was found partially clothed between 10 and 11 p.m.
On May 29, a 55-year-old in Juniata Park was found two miles from the rec center. The victim, who survived the encounter with critical injuries, said a man approached him and announced his intention to rob him, before shooting him in the elbow and torso.
Martin Higgins, 45, was pronounced dead on the bleachers of the rec center’s baseball field on June 20, suffering from a gunshot wound to the abdomen. Sharef Holman, 29, was found near the basketball courts on June 26, suffering from multiple gunshot wounds. He was transported to Temple University Hospital but died shortly thereafter.
Deputy Police Commissioner Frank Vanore declined to answer the Philadelphia Inquirer’s question regarding whether the victims may have met Melchur on a dating app, citing the ongoing investigation. Sources told the Philadelphia Inquirer that investigators are exploring this possibility
Although robbery may be at least part of the motive in the first shooting, other movies are unclear.
NBC10 reported that law enforcement sources told the station all three victims were targeted because they were gay, but the Philadelphia Police Department did not confirm this.
The Philadelphia Police Department replied to PGN’s questions with an email stating, “This remains a very active investigation, and investigators are looking at all aspects of the case, including underlying motivations for committing these crimes.
“At this point, we can confirm that Melchur is wanted for two homicides by shooting and one non-fatal shooting, all of which occurred in the Hunting Park area.
“The investigation has not established that the victims were specifically targeted because of their sexual orientation.”
The Philadelphia Police Department is urging anyone with information to contact the Homicide Unit at 215-686-3334 or submit an anonymous tip by calling the PPD Tip Line at 215-686-TIPS (8477).
(This story is republished with permission of the Philadelphia Gay News.)
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