National
Will Obama include gay couples in immigration reform?
White House sounds amenable, but divided Congress an obstacle
(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.
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 ‘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.
National
Blade reporters reflect on covering Pulse massacre 10 years ago
Orlando stepped up to comfort and support its LGBTQ community
Friday marks 10 years since a gunman killed 49 people inside the Pulse nightclub in Orlando, Fla.
The massacre, which, at the time was the deadliest mass shooting in modern U.S. history, left the LGBTQ community in this country and around the world reeling. It also prompted renewed calls for gun control.
The OnePulse Foundation, which Pulse owner Barbara Poma founded after the massacre, raised upwards of $20 million for a memorial that never materialized.
The city of Orlando in 2023 purchased the Pulse property for $2 million. Crews earlier this year demolished the former nightclub. The city of Orlando has pledged $12 million for a permanent memorial that is scheduled to open in 2027.
Washington Blade Editor Kevin Naff and International News Editor Michael K. Lavers reported from Orlando in the days after the massacre. Here are their reflections a decade later.
Describe the scene when you arrived in Orlando. Where did you go first?
NAFF: Most mainstream reporters headed for the Pulse nightclub, but it was already roped off with police keeping bystanders at least a full city block away. Instead, I hurried to The Center, Orlando’s LGBTQ community center, downtown. I expected to find it locked down with tight security but instead the doors were flung open and everyone inside was busy at work. No tears, just dedicated staff and volunteers working the phones to secure visas and free plane tickets for relatives of the victims. The director gave me a tour and in the back storage room were pallets and pallets of bottled water stacked to the ceiling. When I asked what all the water was for, he said the city had issued a call for blood donations and the lines to donate were 1,500 deep in 100-degree heat. So The Center drove around to all the sites to deliver water to all those standing in line.
That scene was so inspiring and a testament to the strength and resiliency of the LGBTQ community. We’d seen tragedy before and knew how to respond.
LAVERS: I arrived in Orlando about 14 hours after the massacre took place. The city was shellshocked.
Equality Florida, the state’s LGBTQ advocacy group, and other organizations held a press conference at The Center shortly after my flight from D.C. landed. I drove there from the airport. Terry DeCarlo, who was The Center’s executive director at the time, along with then-Equality Florida Executive Director Nadine Smith and others spoke on behalf of a community that was reeling. The Center at the press conference handed out business cards that read, “You matter.” I had it in my wallet when I drove to a makeshift memorial that was a block from Pulse — the police had cordoned off the area immediately around the nightclub. A local resident who I interviewed told me that she did not know if her friends who were at Pulse when the gunman opened fire survived. Another person with whom I spoke shared a similar story.
A torrential downpour began shortly after I arrived. The storm was an apt metaphor for the raw emotion of that horrific day.
What’s your most prominent memory of covering the Pulse massacre?
NAFF: I was covering a vigil in downtown Orlando when then-Florida Gov. Rick Scott’s motorcade arrived unannounced. To that point, he had not addressed the LGBTQ angle and seemed to be downplaying the fact that this was an attack on our community. I hurried to the front row as he held an impromptu news conference. To my dismay, he took only three short questions from TV reporters then rushed away. I grabbed his communications director and insisted that Scott take a question from the LGBTQ media. She agreed and told me to wait next to the SUV. When Scott approached, I asked him, “What is your message to LGBTQ Floridians?”
To my surprise, he sputtered, stammered, and broke into tears before telling me, “This was an attack, what else can you say? This was an attack against the gays, an attack against Hispanics, an attack against our country, our nation and it’s disgusting. The biggest thing we do now is ask how to make sure this doesn’t happen again.”
It was his first public acknowledgment that the LGBTQ community was the target of the attack.
LAVERS: Two moments stand out for me.
The first moment is when then-President Barack Obama and then-Vice President Joe Biden traveled to Orlando on June 16, four days after the massacre. I was one of the reporters who the White House asked to be part of the local press pool. I was about 50 feet away from Obama and Biden when they placed bouquets with 49 flowers — one for each of the victims — at a makeshift memorial between City Hall and the Dr. Phillips Center for the Performing Arts in downtown Orlando. Obama in remarks he made to the press pool mentioned one of the gay victims who had once said, “We cannot be afraid.” The emotions of the last four days simply became too much, and I broke down. Another reporter who was part of the press pool who was standing next to me realized I had broken down. She put her hand on my back to console me.
The second moment came a few weeks later when I was in Puerto Rico to cover the community’s response to the massacre and to interview victims’ relatives. Orlando has a very large Puerto Rican community, and nearly half of those who died at Pulse were of Puerto Rican descent.
I drove to Caguas, a city that is roughly 20 miles south of San Juan, the island’s capital, on July 7, and interviewed Aida Velázquez in her small apartment. Her son, Frankie “Jimmy” de Jesús, died at Pulse. Aida talked about her son, and she showed me pictures of him. Jimmy also danced Jíbaro, a Puerto Rican folk dance. The interview took place less than a month after the massacre — Jimmy’s funeral took place in Caguas less than two weeks earlier.
I sat in my car after the interview and sobbed uncontrollably for nearly five minutes. Nothing can possibly prepare you for interviewing a mother who had just lost her child in the most horrific way possible.
How did the local community respond and what about their response gave you hope or inspiration?
NAFF: In addition to the staff at The Center working to assist victims and their families, everyday Orlando residents stepped up to help however they could. At the downtown vigils, straight mothers and fathers carried signs offering hugs to anyone who needed them. I encountered a group of young teenage males who approached a group of law enforcement officers and appeared to perform for them. When they finished, I asked what they were doing and they told me that they were straight friends who lived in Orlando and wanted to do something to help so they composed an uplifting rap song and walked around performing it for anyone who needed cheering up.
LAVERS: The way that Orlando rallied around the LGBTQ community was simply inspiring.
Imam Muhammad Musri, president of the Islamic Society of Central Florida, at a memorial service that took place at the Dr. Phillips Performing Arts Center on June 13 said his organization was “united as Americans when it comes to standing with the LGBT community and their rights to live freely and to practice their lives here.” This comment underscored the outpouring of support that Orlando showed its LGBTQ community after Pulse. It was also a call for the better angels among us to reject hate in all of its forms.
What surprised you most about the experience?
NAFF: I was most surprised — and moved — after talking to Rev. Debreita Taylor of Oasis Fellowship Ministries, an LGBTQ-affirming ministry.
“My message is love. Period. Love. Period. There’s nothing in the word of God that faith leaders can go to that teaches hate,” she told me. “Have faith and believe that evil and hate can be eradicated one person at a time. How do you treat someone? How do you embrace someone who treats you wrong? We all bleed, laugh, hope and have great victories and major defeats. And so, you know me, even if you don’t know my name — I’m you.”
LAVERS: It admittedly took me quite a while to fully process what I experienced in Orlando — I was focused on doing my job as a reporter, which was to cover the story, and, most importantly, show the human impact of what had happened. I suppose one surprising aspect of the time I spent in Orlando was that I found myself feeling more defiant against those who seek to destroy our community. They want us to live in fear, and I refuse to give them that satisfaction.
What, if anything, changed as a result of Pulse?
NAFF: In the immediate aftermath of the attack, queer spaces began rethinking their approach to security, which has served us well in the years since. Sadly, just a year later, Pulse was bumped to the No. 2 deadliest mass shooting in U.S. history when a gunman opened fire on the Route 91 Harvest music festival in Las Vegas, killing 60 people. Americans and their politicians never learn from these largely preventable tragedies. The carnage continues.
LAVERS: Gun violence remains a shameful scourge in this country. Our community remains vulnerable to violence and discrimination. President Donald Trump, Vice President JD Vance, and other politicians here in Washington, around the country, and overseas continue to use our community to advance an anti-equality agenda. The carnage continues, as my colleague correctly notes, but our community remains strong and defiant. That gives me hope.
National
Queen Jean is Tony’s first transgender winner
Designer/activist wins for work on ‘Cats: The Jellicle Ball’
It was a historic night at the 79th annual Tony Awards on Sunday as Queen Jean won the award for Best Costume Design of a Musical, making her the first out transgender person to win a Tony.
“This experience has been monumental. We are here for the legacy of queer people, trans people,” she said. “We are taking up space in ways we have to take up space. We have to shift the paradigm. So I just want to say, thank you all so much for this incredible honor. The world right now is deeply, deeply combating so many ailments, and we know as a society that when we come together, we can make real, permanent change.”
She won the award for her work on “Cats: The Jellicle Ball” and was also nominated for best costume design of a play for “Liberation.”
In addition to her stage work, Queen Jean is the founder of Black Trans Liberation, an organization that supports trans and gender-nonconforming people in New York City.
National
Madonna turns Times Square into massive dance floor
Pop icon celebrates Pride month with surprise performance
Pop icon Madonna celebrated Pride month with a pop-up performance in New York City’s Times Square on Thursday to the delight of 50,000 fans.
She performed for about 15 minutes high above street level, including several songs from her new album “Confessions II” due on July 3, along with a trio of songs from the first “Confessions on a Dance Floor.”
In addition to the brand new “Love Sensation,” she performed “I Feel So Free” and “Bring Your Love,” plus “Hung Up,” “Get Together” and “I Love New York.” She wished the crowd a happy Pride season; the event was shared with audiences through Grindr’s first-ever livestream.
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