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Gillibrand leads renewed call to help bi-national couples

13 senators again make request to place marriage-based green cards on hold

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Kirsten Gillibrand, United States Senate, New York, Democratic Party, gay news, Washington Blade
Kirsten Gillibrand, United States Senate, New York, Democratic Party, gay news, Washington Blade

Sen. Kirsten Gillibrand (D-N.Y.) is calling on the Obama administration to take action for bi-national same-sex couples (Washington Blade file photo by Michael Key)

The junior senator from New York is taking up the lead on a renewed call for administrative action to help bi-national same-sex couples in anticipation of a ruling from the Supreme Court on the Defense of Marriage Act.

In a letter sent out Thursday, Sen. Kirsten Gillibrand (D-N.Y.) and other U.S. senators call on the Department of Homeland Security and the Justice Department to take action to ensure that married bi-national same-sex couples won’t face separation before justices make a final determination in case of Windsor v. United States before the end of June.

Senators ask Secretary of Homeland Security Janet Napolitano to hold the marriage-based green card petitions for bi-national same-sex couples in abeyance until the court makes its ruling on DOMA. Additionally, they ask Attorney General Eric Holder to institute a moratorium on orders of removal issued by immigration courts to married foreign nationals who would otherwise be able to adjust their status if not for DOMA.

“By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision,” the senators wrote. “Preserving family unity is a fundamental American value and is the cornerstone of our nation’s immigration law.”

Unlike straight Americans, gay Americans are unable to sponsor a foreign same-sex spouse for residency in the United States because DOMA prohibits federal recognition of same-sex marriage. As a result, these couples could be faced with separation — or even deportation if the foreign nationals in these relationships lose their immigration status. Stand alone legislation that would address this issue is known as the Uniting American Families Act.

Besides Gillibrand, other signers of the letter are Sens. Ron Wyden (D-Ore.), Barbara Boxer (D-Calif.), Chris Coons (D-Del.), Barbara Mikulski (D-Md.), Richard Blumenthal (D-Conn.), Sheldon Whitehouse (D-R.I.), Bernie Sanders (I-Vt.), Frank Lautenberg (D-N.J.), Al Franken (D-Minn.), Jeanne Shaheen (D-N.H.), Jeff Merkley (D-Ore.) and Patty Murray (D-Wash.). A total of 13 names are on the request.

Senators have made repeated requests of the Obama administration on the issue — in addition to the letters from House lawmakers and one most recently from 54 LGBT and immigrant advocacy groups. It’s the third such letter signed by a group of senators — not counting one written by Blumenthal and on behalf a lesbian couple in his state and another written by Sen. John Kerry (D-Mass.) on behalf of another couple in another situation.

Several senators who’ve previously signed these letters have not penned their name to the most current one. Absent is Kerry — who had previously been leading these efforts for the letters, but has recently been nominated as secretary of state — as well as Sens. Patrick Leahy (D-Vt.), Sherrod Brown (D-Ohio), and Charles Schumer (D-N.Y.). Gillibrand’s office didn’t immediately respond to a request to comment on why these names were absent.

Other absent names are former Sen. Daniel Akaka of Hawaii, who signed before his retirement from the Senate early this year, and the late Sen. Daniel Inouye.

But each time in response to these letters, the Obama administration has said it’ll continue enforcing DOMA as long as it remains on the books.

Things don’t seem any different this time around. The various agencies to whom the letter is addressed seemed disinclined to take immediate action as a result of the letter. Tracy Schmaler, a Justice Department spokesperson, had no immediate comment and said the department would review the letter.

Peter Boogaard, a DHS spokesperson, reiterated the Obama administration continues to continue to enforce the law as long as it remains on the books.

“Pursuant to the Attorney General’s guidance, the Defense of Marriage Act remains in effect and the Department of Homeland Security will continue to enforce it unless and until Congress repeals it, or there a final judicial determination that it is unconstitutional,” he said.

The Obama administration has already taken steps to address this issue. For example, in October, the Department of Homeland Security issued guidance stipulating immigration officers should consider “long-term, same-sex partners” as families when considering whether to exercise prosecutorial discretion in the potential deportation of an undocumented immigrant.

But marriage-based green card applications are still being denied.

Last week, the Obama administration denied for two couples in different parts of the country. The two green card denials of which the Washington Blade learned on Friday were for Kelly Costello and Fabiola Morales, a lesbian couple from Potomac, Md., and Adi and Tzila Levy of New York.

Steve Ralls, a spokesperson for Immigration Equality, said the letter “underscores the necessity of administrative action” as observers await the final determination on the constitutionality of DOMA and action on comprehensive immigration reform legislation.

“The White House has pledged its assurance that LGBT binational couples will not be torn apart, and abeyance – which would give couples legal presence and protection in the country until a permanent option for residency is available – would be a natural extension of that pledge,” Ralls said. “Given those permanent solutions which are on the horizon, our hope is that President Obama will concur with the senators’ letter and grant abeyance for the next six months or so, until all families have access to the green cards they deserve.”

——————

The full text of the senators’ letter is below:

Dear Mr. Attorney General and Madam Secretary:

We continue to applaud the President for his decision not to defend the constitutionality of the Defense of Marriage Act (‘DOMA’) in federal court. We also applaud the Department of Homeland Security (DHS) for including “long-term same-sex partners” under the Administration’s policy that suspends deportations of some immigrants who pose no security risk. These developments are steps in the right direction, but DOMA is still the law of the land and continues to discriminate against a class of Americans.

Following the 2012 election, there are now nine states and the District of Columbia recognizing same-sex marriage with several other states granting similar rights. However with DOMA as law, we are creating a tier of second-class families in these States. DOMA prevents same-sex immigrant spouses of U.S. citizens from successfully applying for permanent resident visas. Fortunately, the U.S. Supreme Court has granted certiorari in Windsor v. U.S. and will determine the constitutionality of DOMA in the next term; by June we will know whether or not applications for lawful permanent residence for lesbian and gay spouses will ultimately be approvable.

Given the historic nature of Windsor v. U.S., we urge DHS to hold marriage-based immigration petitions in abeyance until the Supreme Court issues its ruling on same-sex marriage. Holding these cases in abeyance for a few months will prevent hardship to LGBT immigrant families. We also call upon the Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA. By taking these interim steps, vulnerable families affected by DOMA can remain together until the Supreme Court issues its decision.

Preserving family unity is a fundamental American value and is the cornerstone of our nation’s immigration law. Thank you for your decision not to defend the constitutionality of a law that hurts so many families and for your consideration of this request.

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Congress

Gay man wins Democratic congressional primary in Ill.

Eric Sorensen running for retiring U.S. Rep. Cheri Bustos’ seat

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Eric Sorensen (Photo courtesy of Eric Sorensen)

Illinois Democrats are hoping to send a gay person to Congress for the first time in the state’s history.

Voters in the 17th Congressional District in northwest Illinois on Tuesday voted to have Eric Sorensen, a former meteorologist, become the Democratic nominee for the district’s U.S. House of Representatives seat currently held by retiring Democratic Congresswoman Cheri Bustos.

“THANK YOU to everyone who was a part of this movement,” Sorensen wrote on Twitter following his primary victory. “From day one this campaign has been built on three pillars: Trust, science, and communication. I’m honored to be your #IL17 Democratic nominee for Congress.”

Sorensen, who bested his closest primary opponent by more than 13,000 votes, has centered much of his campaign messaging around the issue of mitigating the effects of climate change.

Sorensen’s candidacy and potential to become the state’s first openly gay member of Congress has been met with celebration from those advocating for more of such representation on Capitol Hill. After Sorensen claimed victory on Tuesday, advocacy groups and political organizations like Equality PAC and the LGBTQ Victory Fund were quick to offer their support.

“It has never been more important to defend our pro-choice, pro-equality majority in Congress,” Victory Fund President Annise Parker said in a statement. “As a meteorologist, Eric spent the last two decades keeping his local community safe by telling the truth and promoting a pro-science agenda. His success tonight is a testament to his continued leadership and grassroots support, as well as a highly effective ground game focused on candid conversations about how to make government work for all Americans.”

Hoping to keep the district from flipping to Republican control in a midterm year that is expected to be an uphill battle for Democratic congressional majorities, Sorensen has also gained the backing of the district’s current congresswoman. Bustos took to Twitter following Sorensen’s victory to announce her support.

“Illinoisans deserve a representative who will fight for working families, help build our local economy and continue to lift up Midwestern voices,” Bustos wrote. “Eric will do that.”

Sorensen’s ultimate ascension to Illinois’ 17th Congressional District seat, however, is not assured. Though the district leans Democratic, it is widely labeled as a competitive race following nationwide redistricting of congressional maps ahead of this year’s midterms.

Such a competitive landscape is coupled with a competitive rival battling Sorensen for the seat.

His Republican opponent, lawyer and Army Reserve Capt. Esther Joy King, previously ran for the seat in 2020, losing to Bustos by just four percent of the overall vote.

Having already secured a number of high-profile Republican endorsements including House Minority Leader Kevin McCarthy (R-Calif.), House Conference Chair Elise Stefanik (R-N.Y.) and former Secretary of State Mike Pompeo, King has already begun her November messaging campaign after besting her primary opponent by more than 30 percentage points.

“It doesn’t have to be a choice if we elect leaders who will put their constituents first rather than far-left, out-of-touch policies and that’s exactly what I’m running to do,” King said in a statement Tuesday night. “Let’s come together to win this in November.”

Groups like the Victory Fund, however, are remain optimistic that Sorensen’s potential to make history will be within reach when voters enter the polls on Nov. 8.

“Voters are clearly enthusiastic about Eric’s vision for a more equitable future,” Parker said. “We trust Eric will be a vital voice in Congress come November. The stakes have never been higher.”

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National

Fauci: Risk of monkeypox infection not high, but ‘numbers may increase’

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Anthony Fauci, gay news, Washington Blade

Dr. Anthony Fauci, the director of the National Institutes of Health who has been at the forefront of the battles against the HIV/AIDS and COVID-19 epidemics, downplayed Wednesday the idea gay and bisexual men are at high risk of contracting monkeypox as the outbreak begins to spread, but cautioned “the numbers may increase.”

“Given the numbers I would not say right now at this particular point, that it is a quote, high risk, but the numbers may increase, which means we just have got to be careful and pay attention,” Fauci said.

Fauci made the remarks in a conference call with reporters from LGBTQ news outlets on the heels of the Biden administration’s announcement that it would ramp up efforts to confront the emerging spread of monkeypox.

On Monday, the Department of Health & Human Services, announced a nationwide vaccination strategy against monkeypox, which consists of providing nearly 300,000 vaccines with priorities for individuals at risk and areas with high rates of infection. An estimated 750,000 vaccines are expected for delivery by the end of summer, according to HHS.

In response to a Blade question about the risk of gay and bisexual men contracting monkeypox, Fauci said that was difficult to quantify and he “wouldn’t say low, because then…that can be taken out of context,” but went on to express there’s a minimal risk of infection if precautions are taken.

“What we’re seeing given the number of cases and the rate in which they’ve accelerated, it’s clearly out there,” Fauci said. “But when you talk about the large number of gay and bisexual men who have sex with men, that on any given individual contact I think if one is careful, and make sure that both parties in a sexual interaction are aware of lesions that might go unnoticed, then you can go a long way in pure prevention to prevent that from happening, but I think it would be risky to classify it as low, medium or high.”

The U.S. has confirmed 306 monkeypox cases across 27 states and Washington, D.C., the Centers for Disease Control announced Tuesday. That represents a surge of 63 cases from the previous week.

Fauci said the current outbreak is predominantly among men who have sex with men among individuals who have had sexual contact. Monkeypox is technically not a sexually transmitted disease, Fauci said, because it’s spread through skin-to-skin contact, but “because of the close skin to skin interaction that occurs in sexual contact, that appears to be the modality spread.” Monkeypox, Fauci said, is “not fundamentally a lethal infection.”

Raj Panjabi, senior director for global health security and biodefense on the White House National Security Council, was also on the call and said the Biden administration’s monkeypox plan consists of “three pillars” of testing, vaccines, and outreach.

“In terms of outreach, there is no effective response to an outbreak without a community based response,” Panjabi said. “And so we’ve worked to ensure an open dialogue with leaders and stakeholders in the LGBTQIA+ community. What we’ve been doing is to try to understand from those most affected by this outbreak, learn from them, help them stay vigilant within the community to protect themselves from the disease and try to adjust our response according to the gaps that they’ve raised.”

The rise in monkeypox infections comes during Pride month, a time when LGBTQ community is engaged in celebrations and oftentimes in close contract and intimate settings, including sexual activity.

Asked by a reporter with NBC News whether this weekend’s Pride celebrations may have fueled the spread, Fauci said in theory “the risk is probably increased” in Pride activities “because people tend to get involved in sexual networking there,” but precautions at the end of the day would mitigate new infections.

“You don’t want to panic people but you want to get people to appreciate, particularly with the Pride activities that are going on now, to be aware and to just be careful,” Fauci said. “And being careful can be very practical, but making sure that you’re aware of things like skin lesions or lesions around areas of the body, particularly when you’re having a sexual encounter. Those are the things we’re trying to do.”

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Illinois

Chicago mayor describes Roe ruling as ‘gut punch’

Lori Lightfoot is first Black lesbian elected to run major U.S. city

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Chicago Mayor Lori Lightfoot (Photo courtesy of the Lori Lightfoot campaign)

Chicago Mayor Lori Lightfoot on Monday said the U.S. Supreme Court ruling that overturned Roe v. Wade was a “gut punch.”

“It wasn’t a surprise,” she told the Washington Blade during an exclusive interview. “This had been a 50-year quest for people who don’t want to recognize our rights and want to take us back to 1950s America, when our community was pushed very decidedly into the closet because we didn’t have protections — we certainly didn’t have marriage. That was inconceivable back then.”

“We didn’t have protections on employment, on housing and the basic rights of citizenship that we’ve come to really embrace and expect as Americans,” added Lightfoot.

Lightfoot in 2019 became the first Black lesbian woman elected mayor of a major U.S. city.

She noted Justice Clarence Thomas in his concurring opinion in the Roe decision said the Supreme Court should reconsider its decision in the Obergefell, Lawrence and Griswold cases that guarantee marriage equality and the rights to private, consensual sex and access to contraception respectively.

“Fuck Clarence Thomas,” said Lightfoot on Sunday when she spoke at Chicago Pride.

“I woke up yesterday morning feeling pretty sad for all the reasons that you would expect,” she told the Blade on Monday. “It was still inconceivable that we are now living in an America where all of us who have been empowered to teach and live our own authentic lives are now at risk in this country by the stroke of a pen and a radicalized right-wing majority on the court with seemingly little regard of the consequences.”

Lightfoot said the ruling’s “immediate impact” will be on women in “red states” and “states that have trigger laws” that ban abortion. Lightfoot added women of color and low-income women will be disproportionately impacted.

“You got to play the long game here,” she said. “Clarence Thomas clearly signaled what his intent is, which is when you talk about reconsidering Griswold, that’s the right to contraception access. They talk about reconsidering Lawrence in Texas. We know what that is. Well really, are gay men going to be in a position where they have to worry about cops breaking into their bedroom and try to haul them off to jail by engaging in a natural act of intimacy between consenting adults?”

“We are very much in the target, and the sights of this right-wing mob that feels like the only way that they can exercise their power is by taking ours,” added Lightfoot.

‘We’re going to respect your rights’

Lightfoot in May announced a “Justice for All Pledge” after Politico published a leaked draft of the Roe decision.

Her administration and the Chicago Department of Public Health pledged an additional $500,000 to “support access to reproductive healthcare for Chicagoans and patients seeking safe, legal care from neighboring states that have or ultimately will ban abortion if the Supreme Court decides to strike down Roe v. Wade, as outlined in the leaked decision.” The “Justice for All Pledge,” among other things, reaffirms Chicago will “fight for the rights of all people regardless of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, or sexual orientation.”  

“We will fight to ensure that no person will be attacked, assaulted, bullied, or discriminated against because of who they are, the choices they make regarding their bodily autonomy, or who they love,” reads the pledge.

“We have to be a beacon of light and hope across the country and particularly in the Midwest region,” said Lightfoot. 

She also encouraged LGBTQ people from Florida, Texas and other states that have passed homophobic and/or transphobic laws to consider moving to Chicago.

“We’re going to respect your rights,” said Lightfoot. “We’re going to allow you to live in an environment where you can live your true, authentic life without the worry of some radicalized right-wing legislature cutting off your rights. People have to start making choices.”

Lightfoot also challenged corporations to do more to support LGBTQ rights and their LGBTQ employees.

“Corporations have to start making choices,” she said. “All those nice little value statements on a corporate website, if you value your employees and their rights, you cannot be situated in states that are attacking everyone in our community.” 

“When you look at the fact that many of these states are attacking children and their families, that tells you there’s no floor, there’s no floor to which they will sink,” added Lightfoot. “It’s open season on us and we’ve got to respond.”

Mayor lacked role models ‘that looked like me’

Lightfoot lives in Chicago’s Logan Square neighborhood with her wife, Amy Eshleman, and their daughter.

She told the Blade that she met a transgender teenager from downstate Illinois during Chicago Pride. Lightfoot said she hugged her and her parents and she “just felt such joy.”

She said she “didn’t see any role models that looked like me” and “didn’t see a lot of gay and lesbian leaders on a national level or even at the local level” when she was younger. Lightfoot told the Blade in response to a question about how she feels about being the first Black lesbian mayor of a major U.S. city that there are now “so many more of us who are living our authentic lives.”

“One of the greatest gifts that we can give is to say to those young people, you’re going to be great,” she said. “Be who you are, embrace, embrace your authentic life. Because there’s always going to be a home for you. There’s going to be a village, a community that’s going to be supportive. That’s one of the things I think the most powerful statement that I can make as mayor, using my platform as mayor of the third largest city, to say to our young people, you’re always going to have a home here.”

Lightfoot earlier this month announced she is running for re-election in 2023.

Crime and the response to protests in the wake of George Floyd’s murder in 2020 are among the issues over which Lightfoot has faced criticism.

She referenced efforts to make “real meaningful, permanent progress on public safety that we are doing here in our city against a lot of different headwinds” and economic development in low-income neighborhoods as two of her administration’s accomplishments. Lightfoot said she decided to run for a second term because “the work’s not done.”

“We have been through a lot, as every major city in the country has in these last three years, but we’ve persevered and continued to do really good work on behalf of the people and made a lot of progress,” she said. 

“I liken it to being a gardener,” added Lightfoot. “You till the soil, you plant the seeds, you want to be around to reap the harvest. And I want to make sure that the work that we put in place, that those roots are deep and strong and they continue to bear fruit for years and years to come, long after I fade from the scene.” 

Lesbian super PAC again endorses Lightfoot

LPAC endorsed Lightfoot’s initial mayoral campaign. The super PAC that supports lesbian candidates has once again backed her. 

“I am just grateful that they are ready to re-up for round two,” said Lightfoot.

“When we are present in those corridors of power, we bring a life of experience that is different than traditionally the straight white men that have populated these corridors of power,” she added. “We show up and we show up importantly for our community and that is critically important.”

LPAC Executive Director Lisa Turner in a statement to the Blade praised Lightfoot.

“When I think of the Black LGBTQ leaders serving in office like Chicago Mayor Lori Lightfoot, I am filled with pride about the work LPAC has done to uplift women and support their campaigns,” said Turner. “We were the first national organization and LGBTQ organization to endorse Mayor Lightfoot in 2019, and we are proud to be the first again as she seeks re-election. LPAC’s unwavering support shows our commitment to not solely electing more LGBTQ women to office, but to elect LGBTQ women who represent the full diversity of our community.”

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