Why Civil Unions Are Not Enough: Immigration Laws
If you are married in a heterosexual relationship and only one of you is a United States citizen, it is possible to receive special visas to bring your spouse to this country. However, same-sex couples, even those living in states that permit civil unions or marriage, face an uphill battle when trying to permanently bring their partners to the U.S. Because immigration is regulated by the federal government, and because the Defense of Marriage Act ("DOMA") prevents the federal government from recognizing same-sex unions, gay and lesbian foreign nationals have great difficulty obtaining visas to join their partner in this country.
While there may be some headway in overturning DOMA in federal court, it is unclear that this will completely fix the problem. A current attempt is being made to amend immigration laws to include provisions recognizing same-sex relationships. The legislation, called the Uniting American Families Act, was proposed by Senator Patrick Leahy of Vermont. Opponents accuse the act of attempting to federally permit same-sex marriage, but Senator Leahy disagrees, calling his proposal a step toward basic fairness.
The distinction between opposite- and same-sex couples in federal immigration law highlights another inherent human right missing in civil unions when compared to marriage. Because there is no federal recognition of same-sex unions, and because there is not necessarily an international recognition of US-performed civil unions, it is important to push for federal inclusive marriage. Until then, same-sex couples should seek an attorney who specializes in LGBT immigration law who can assist you in bringing your loved one to this country.
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