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Will Obama include gay couples in immigration reform?

White House sounds amenable, but divided Congress an obstacle

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Barack Obama, gay marriage, same sex marriage, marriage equality, gay news, Washington Blade

(Washington Blade photos by Michael Key)

There are signs that President Obama will include relief for bi-national same-sex couples as part of his proposals for comprehensive immigration reform, but whether the Senate will agree to such language as part of bipartisan compromise legislation remains an open question.

Shin Inouye, a White House spokesperson, declined to preview whether Obama will include a provision for bi-national same-sex couples as part of his highly anticipated proposal for immigration reform, but maintained the president is committed to bi-national same-sex couples.

“The president has made it clear on a number of occasions that comprehensive immigration reform is a key priority, including in major speeches over the last four years,” Inouye said. “While I’m not going to preview the president’s proposal, he has long believed that Americans with same-sex partners from other countries should not be faced with the painful choice between staying with the person they love or staying in the country they love, and he welcomes changes that would help keep families together.”

Although not a commitment, that response is the strongest on-the-record statement yet from a White House official on Obama’s support for bi-national couples and whether he’ll seek language to include them as part of his immigration reform plan.

Unlike straight Americans in opposite-sex marriages, gay Americans are unable to sponsor their foreign partners for residency in the United States because they can’t marry in most states and in states where they can, the Obama administration continues to deny marriage-based green card applications because of the Defense of Marriage Act.

Current law could lead to separation for many bi-national same-sex couples — and in some extreme cases deportation of the foreign national in the relationship if they lose their immigration status. Standalone legislation that would address this issue is known as the Uniting American Families Act.

According to a November 2011 report from the Williams Institute, there are an estimated 28,500 bi-national same-sex couples and nearly 11,500 same-sex couples in which neither partner is a U.S. citizen — making for a total of 40,000 couples that are ineligible to take advantage of immigration preferences available to different-sex spouses.

LGBT advocates have been calling on the Obama administration and Congress to address the issue as part of comprehensive immigration reform. While such legislation didn’t move during the first four years of the administration, Obama has pledged to take the lead on reform at the start of his second term.

Obama emphasized that he would pursue comprehensive immigration reform last month during an interview on NBC’s “Meet the Press,” saying, “I’ve said that fixing our broken immigration system is a top priority. I will introduce legislation in the first year to get that done.”

According to a report in the New York Times earlier this month, Obama plans to push Congress to enact a massive overhaul of the immigration system — a large proposal as opposed to a series of separate bills — that would include a path to citizenship for most of the 11 million undocumented immigrants in the country. Additionally, it would set up a nationwide verification system of legal status for all newly hired workers; add visas to relieve backlogs and allow skilled immigrants to stay in the country; and create a guest-worker program to attract low-wage immigrants in the future.

That proposal could be made public in the coming weeks. The Times reported that Obama may elect to lay out his plan in the upcoming State of the Union address. U.S. House Speaker John Boehner (R-Ohio) invited Obama to deliver the address before a joint session of Congress on Feb. 12.

LGBT advocates, including some who spoke to the Washington Blade on condition of anonymity, said they fully expect Obama to include language for bi-national same-sex couples as part of his plan for immigration overhaul. One anonymous advocate said the Obama administration has given them “positive feedback” on an LGBT-inclusive proposal.

Steve Ralls, a spokesperson for Immigration Equality, was among those expressing confidence that Obama would choose to include UAFA in any immigration package that he would propose to Congress.

“Immigration Equality has been very encouraged by our ongoing conversations with the administration,” Ralls said. “We believe the president and his team will help craft and pass a bill that keeps families, gay and straight, together. We are looking forward to the president outlining his vision for reform in the coming weeks, and we take him at his word that keeping LGBT families together is a goal we all share.”

Calls on Obama to address this issue in his immigration plan are concurrent with calls on him to take administrative action. LGBT rights supporters — most recently Sen. Kirsten Gillibrand, who a led a group of 13 senators in a letter to the administration — are asking the Department of Homeland Security to hold in abeyance marriage-based green card applications for bi-national couples as a temporary solution to ensure they won’t be separated. The Obama administration has responded by saying it must continue to enforce DOMA and continues to deny these applications.

Still, the Obama administration has taken steps to address this issue, but nothing has been codified into law. 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.

Will Senate agree to UAFA-inclusive package?

But while signs indicate that Obama will ask Congress to pass a UAFA-inclusive immigration reform bill, questions linger over whether the Senate will come to an agreement to pass an immigration package that would protect LGBT families.

Concurrent with the plan the White House is developing, a bipartisan group of senators has engaged in talks to craft a comprehensive bill that, according to the Times, could be introduced as early as March with the plan to hold a floor vote before August. Legislation is expected to start in the Democratic-controlled Senate before moving over the Republican-controlled House for final passage.

Sen. Chuck Schumer (D-N.Y.), who has championed the legislation in the past, is the lead Democrat involved with the talks, while Sen. Lindsey Graham (R-S.C.) is the lead Republican. Others reportedly involved in the talks are Sens. Michael Bennet (D-Colo.), Bob Menendez (D-N.J.) and Richard Durbin (D-Ill.) on the Democratic side and Sens. John McCain (R-Ariz.), Marco Rubio (R-Fla.) and Mike Lee (R-Utah) on the Republican side.

Charles Schumer, New York, United States Senate, gay news, Washington Blade

Sen. Chuck Schumer (D-N.Y.) (Washington Blade file photo by Michael Key)

Many Capitol Hill sources said it’s simply too early in the process to determine whether the agreement in the Senate would include UAFA. But one anonymous LGBT advocate said he doesn’t expect the Senate to come up with a proposal that includes UAFA because whatever agreement is concocted must meet the approval of the Republicans involved in the talks, and they won’t be keen on agreeing to explicit LGBT provisions.

In the Human Rights Campaign’s most recent scorecard for the 112th Congress, Republicans involved in the discussions didn’t have strong scores. Lee scored 40, Rubio scored 47 while both McCain and Graham earned low scores of 15. None of the offices of the senators involved in the talks — Democratic or Republican — responded to the Washington Blade’s request for comment on including UAFA in their agreement.

That doesn’t even take into account the chances of passing an LGBT-inclusive bill in the House. Last year, the Senate was able to pass an LGBT-inclusive reauthorization of the Violence Against Women Act, but the version the House passed lacked such language.

Rep. Jared Polis (D-Colo.) says immigration reform will be difficult to pass (Washington Blade photo by Michael Key)

Rep. Jared Polis (D-Colo.) says immigration reform will be ‘very difficult to pass.’ (Washington Blade photo by Michael Key)

Gay Rep. Jared Polis (D-Colo.), who’s also been a leading advocate of immigration reform, remains skeptical about the prospects for passing immigration reform this Congress — with or without inclusion of UAFA.

“Immigration reform is going to be very difficult to pass,” Polis said. “The consideration of LGBT families is one of the less controversial aspects. The most controversial aspect is the treatment of the 10 to 15 million people who are already here illegally. So, it’s going to be difficult to get it through. If there is a vehicle to pass immigration reform, I’m going to work hard and I know that Sen. Schumer is also committed to immigration equality for gay and lesbian families.”

Immigration Equality’s Ralls said he’s “increasingly optimistic” that senators would agree to a proposal that would include a provision for bi-national couples — particularly if Obama exercises leadership by including such language in his proposal to Congress.

And in a video report produced by Raw Story earlier this month, a Schumer staffer told a dozen same-sex couples and activists who came to his New York City office that the senator believes UAFA should be part of comprehensive immigration reform. The staffer was later identified as Nick Martin, Schumer’s director of intergovernmental relations.

“He is a co-sponsor of UAFA,” the staffer said. “It is part of his vision for what the comprehensive immigration bill will — it will be included in that. I don’t think the issue is — we’ve quite gotten to that issue yet. We’re really focused right now in terms of a path to citizenship. But it is a key issue for him to get to that as part of that process.”

An earlier version of comprehensive immigration reform introduced by Menendez in the 111th and 112th Congress included UAFA-like language, but that legislation had only Democratic co-sponsors and saw no movement.

In any event, members of Congress still plan on moving forward with standalone legislation that would enable gay Americans to sponsor their foreign partners for residency in the United States. In the past, the bill has been introduced by Rep. Jerrold Nadler (D-N.Y.) in the House and Senate Judiciary Chair Patrick Leahy (D-Vt.) in the Senate.

“Fairness in our immigration laws for all Americans and their loved ones is of the utmost importance, and in pursuit of that, I look forward to again introducing the Uniting American Families Act early this year,” Leahy said in a statement to the Blade. “I was proud to have a bipartisan bill in the last Congress, and I look forward to working with members from both parties on this issue this year.”

Another key question is whether a provision for bi-national couples is even necessary as part of comprehensive immigration reform if DOMA is struck down by the Supreme Court before the end of June. Justices are weighing a challenge to the anti-gay statute known as Windsor v. United States.

That decision could remove a major barrier for bi-national same-sex couples. Without DOMA, the administration would no longer have an excuse for denying marriage-based green card applications for same-sex couples. Gay Americans who are married to foreign same-sex partners would logically be able to sponsor their partners for residency in the United States.

The sentiment that UAFA will be unnecessary if the court strikes down DOMA was held by Polis, who said the court would be the source of relief for bi-national couples, not legislation.

“Keep in mind one thing, there’s also the pending Supreme Court case, where if DOMA is invalidated, there will not need to be special consideration in the law,” Polis said. “Gay and lesbian marriages would simply be allowed for immigration purposes. So, that’s also happening concurrent with this debate about immigration reform.”

But Ralls said UAFA-inclusive immigration reform is still necessary. First, he noted the court is unpredictable and there’s no guarantee that justices will deliver a ruling in a few months that will be favorable to bi-national couples.

“UAFA in immigration reform is a critical safety net for all couples, should the court not rule favorably,” Ralls said. “Until there is a Supreme Court ruling striking down DOMA once and for all, we are committed to pursuing every possible avenue — in Congress and administratively — to protect the families we represent.”

Further, Ralls said striking down DOMA would not have an impact on all same-sex bi-national couples, such as couples where one spouse is a recent asylee.

Straight asylum seekers who leave a spouse behind in the country of persecution can immediately file to bring a spouse to the United States after winning asylum here. But countries that persecute gays aren’t likely to have marriage equality laws, so the gay asylee would not have been able to marry a partner before fleeing. Even without DOMA, such a gay asylee would have to naturalize — which would take more than five years after arriving in the United States — before that person could sponsor a partner on a visa.

“Of course, the end of DOMA would be a terrific solution for bi-national couples, but until we have that ruling in hand, we are committed to pursuing other options — like inclusive immigration reform — which will give all couples access to a green card,” Ralls concluded.

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LGBTQ community calls out Radio Korea over host’s homophobic comments

Station acknowledged controversy, but skirted accountability

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On Nov. 21st, Radio Korea CEO Michael Kim made an official video statement addressing the Nov. 3rd program. (Screen capture via Radio Korea/YouTube)

On Monday, Nov. 3, Radio Korea aired its regular morning talk show program, where one of its hosts, Julie An, discussed her lack of support for the LGBTQ community, citing her religious beliefs. She also went on to comment that gay people spread HIV and AIDS, and that conversation therapy — which has been linked to PTSD, suicidality, and depression — is a viable practice. Clips of this have since been taken down.

Radio Korea offers Korean language programming to engage local Korean American and Korean immigrant community members. Its reach is broad, as Los Angeles is home to the largest Korean population in the U.S, with over 300,000 residents. As An’s words echoed through the station’s airwaves, queer Korean community members took to social media to voice their concern, hurt, and anger.  

In a now-deleted Instagram post, attorney, activist, and former congressional candidate David Yung Ho Kim demanded accountability from the station. Writer and entertainer Nathan Ramos-Park made videos calling out Radio Korea and An, stating that her comments “embolden” people with misinformation, which has the ability to perpetuate “violence against queer people.”

Community health professional Gavin Kwon also worries about how comments like An’s increase stigma within the Korean immigrant community, which could lead to increased discrimination against queer people and their willingness to seek health care.  

Kwon, who works at a local clinic in Koreatown, told the Los Angeles Blade that comments like An’s prescribe being gay or queer as a “moral failure,” and that this commonly-held belief within the Korean immigrant community, particularly in older generations, strengthens the reticence and avoidance clients hold onto when asked about their gender or sexual orientation. 

“When you stigmatize a group, people don’t avoid the disease — they avoid care,” Kwon explained. “They avoid getting tested, avoid disclosing their status, and avoid talking openly with providers. Stigma pushes people into silence, and silence is the worst possible environment for managing any infectious disease.”

For weeks, Radio Korea did not offer a direct response to the public criticism. Its Instagram feed continued to be updated with shorts, featuring clips of its various hosts — including An. 

On Friday, Radio Korea CEO Michael Kim released an official statement on the station’s YouTube page. In this video, Michael Kim stated that An’s comments “included factual inaccuracies” and that the station “does not endorse or share the personal opinions expressed by individual hosts.” Michael Kim also stated that Radio Korea “welcomes members of the LGBT community to share their perspectives” in order to deepen understanding through dialogue. 

Afterwards, Michael Kim continued that though he acknowledges the “pain” felt by queer community members, he concluded: “I don’t think Radio Korea needs to apologize for what was said any more than Netflix should apologize for what Dave Chappelle says, or any more than Instagram or TikTok should apologize for what people say on their platforms.” 

Michael then offered a justification that An’s statements were “not part of a news report,” and that he was “disappointed” that David Yung Ho Kim, specifically, had been vocal about An’s comments. Michael Kim stated that he was the first person to interview David Yung Ho Kim in 2020 during his congressional campaign, and that he had provided the candidate a platform and opportunity to educate listeners about politics. 

“After all these years, the support Radio Korea has given him,” said Kim, “the support I personally gave him, even the support from other Radio Korea members who donated or even volunteered for him — he dishonestly tried to portray Radio Korea as being an anti-gay organization.”

Michael Kim went on to criticize David Yung Ho Kim’s purported “hurry to condemn others,” and also questioned if David has disowned his father, who he states is a pastor. “What kind of person is David Kim, and is this the kind of person we want in Congress?” Michael Kim asked viewers, noting that Koreatown is “only about three miles from Hollywood, and some people just like to perform.” 

At the end of the video, Michael Kim stated that his duty is to guard the legacy of the station. “My responsibility is to protect what was built before me and ensure that Radio Korea continues serving this community long after today’s momentary controversies disappear,” he said. 

For community members and advocates, this response was unsatisfactory. “The overall tone of the statement felt more defensive than accountable,” Kwon wrote to the Blade. “Instead of a sincere apology to the LGBTQ+ community that was harmed, the message shifts into personal grievances, political dynamics, and side explanations that don’t belong in an official response.”

Michael Kim’s portrayal of the criticism and calls to action by community members as a “momentary controversy” paints a clearer picture of the station’s stance — that the hurt felt and expressed by its queer community members is something that will simply pass until it is forgotten. An continues to be platformed at Radio Korea, and was posted on the station’s social media channels as recently as yesterday. The station has not outlined any other action since Michael Kim’s statement. 

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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The White House

Trans workers take White House to court over bathroom policy

Federal lawsuit filed Thursday

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Protesters outside of House Speaker Mike Johnson's (R-La.) office in the Cannon House Office Building last year protesting a similar bathroom ban. (Washington Blade photo by Christopher Kane)

Democracy Forward and the American Civil Liberties Union, two organizations focused on protecting Americans’ constitutional rights, filed a class-action lawsuit Thursday in federal court challenging the Trump-Vance administration’s bathroom ban policies.

The lawsuit, filed on behalf of LeAnne Withrow, a civilian employee of the Illinois National Guard, challenges the administration’s policy prohibiting transgender and intersex federal employees from using restrooms aligned with their gender. The policy claims that allowing trans people in bathrooms would “deprive [women assigned female at birth] of their dignity, safety, and well-being.”

The lawsuit responds to the executive order titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” signed by President Donald Trump on his first day in office. It alleges that the order and its implementation violate Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in employment. In 2020, the U.S. Supreme Court ruled 6-3 that Title VII protects trans workers from discrimination based on sex.

Since its issuance, the executive order has faced widespread backlash from constitutional rights and LGBTQ advocacy groups for discriminating against trans and intersex people.

The lawsuit asserts that Withrow, along with numerous other trans and intersex federal employees, is forced to choose between performing her duties and being allowed to use the restroom safely.

“There is no credible evidence that allowing transgender people access to restrooms aligning with their gender identity jeopardizes the safety or privacy of non-transgender users,” the lawsuit states, directly challenging claims of safety risks.

Withrow detailed the daily impact of the policy in her statement included in the lawsuit.

“I want to help soldiers, families, veterans — and then I want to go home at the end of the day. At some point in between, I will probably need to use the bathroom,” she said.

The filing notes that Withrow takes extreme measures to avoid using the restroom, which the Cleveland Clinic reports most people need to use anywhere from 1–15 times per day depending on hydration.

“Ms. Withrow almost never eats breakfast, rarely eats lunch, and drinks less than the equivalent of one 17 oz. bottle of water at work on most days.”

In addition to withholding food and water, the policy subjects her to ongoing stress and fear:

“Ms. Withrow would feel unsafe, humiliated, and degraded using a men’s restroom … Individuals seeing her enter the men’s restroom might try to prevent her from doing so or physically harm her,” the lawsuit states. “The actions of defendants have caused Ms. Withrow to suffer physical and emotional distress and have limited her ability to effectively perform her job.”

“No one should have to choose between their career in service and their own dignity,” Withrow added. “I bring respect and honor to the work I do to support military families, and I hope the court will restore dignity to transgender people like me who serve this country every day.”

Withrow is a lead Military and Family Readiness Specialist and civilian employee of the Illinois National Guard. Previously, she served as a staff sergeant and has received multiple commendations, including the Illinois National Guard Abraham Lincoln Medal of Freedom.

The lawsuit cites the American Medical Association, the largest national association of physicians, which has stated that policies excluding trans individuals from facilities consistent with their gender identity have harmful effects on health, safety, and well-being.

“Policies excluding transgender individuals from facilities consistent with their gender identity have detrimental effects on the health, safety and well-being of those individuals,” the lawsuit states on page 32.

Advocates have condemned the policy since its signing in January and continue to push back against the administration. Leaders from ACLU-D.C., ACLU of Illinois, and Democracy Forward all provided comments on the lawsuit and the ongoing fight for trans rights.

“We cannot let the Trump administration target transgender people in the federal government or in public life,” said ACLU-D.C. Senior Staff Attorney Michael Perloff. “An executive order micromanaging which bathroom civil servants use is discrimination, plain and simple, and must be stopped.”

“It is absurd that in her home state of Illinois, LeAnne can use any other restroom consistent with her gender — other than the ones controlled by the federal government,” said Michelle Garcia, deputy legal director at the ACLU of Illinois. “The Trump administration’s reckless policies are discriminatory and must be reversed.”

“This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” said Kaitlyn Golden, senior counsel at Democracy Forward. “It is only because of brave individuals like LeAnne that we can push back against this injustice. Democracy Forward is honored to work with our partners in this case and is eager to defeat this insidious effort to discriminate against transgender federal workers.”

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