Immigration and Equal Marriage

February 13, 2006

NOW's Commitment

Refusal by the United States government to recognize equal marriage rights has led to the exclusion of bi-national LGBT couples from partner citizenship and the ability to live and travel freely together in the U.S. NOW rejects these discriminatory laws, and supports full marriage equality and the right of all couples to attain citizenship for their spouses.

NOW's campaign to protect LGBT rights began in 1971 with its policy statement on the need for inclusion of lesbian rights within the feminist movement. In 1995, NOW affirmed support for the right of same-sex couples to marry. Through the inclusion in its platform of full relationship recognition, which at this time can only be achieved through marriage, NOW began to further the cause of immigration equality and the right of LGBT couples to sponsor their foreign partners for citizenship. NOW recognizes the importance of immigration rights for LGBT couples as part of the broader equal marriage battle.

Issues

Since the United States government currently refuses to recognize marriage between couples of the same sex, thousands of committed LGBT couples have been denied the rights and privileges available to heterosexual couples. Even LGBT couples who have legally married in Belgium, Spain, Canada, and the Netherlands (all countries which recognize the right of same-sex couples to marry) are refused marriage rights and recognition upon entrance into the United States. Because their marriages are not recognized by the U.S. government, these couples lose the ability to sponsor their foreign spouses for citizenship or visa status. Without sponsorship, these couples cannot gain the over 1,000 federal benefits of marriage or the right to have their spouse with them in the U.S., forcing them to live apart in separate countries or banishing them to live outside of the United States.

Marriage is the only institution which grants the rights of all U.S. citizens to sponsor their partner for citizenship/visa status. Civil unions fail to give LGBT couples the right to sponsor their partner (even one who has been recognized as their spouse outside of the U.S.). Because there are only two primary ways to gain citizenship in the United States, through employment or family sponsorship, many LGBT couples are told that despite their committed relationship with their partner they are not eligible to sponsor them under U.S. immigration law.

Immigration problems become even more complicated with partners who come from countries to which the U.S. has closed its borders. Moreover, LGBT immigrants with HIV or AIDS are automatically denied entrance into the country, as immigration law prohibits people with HIV from entering.

The transgender community is especially at risk for discrimination, as they can be identified with the incorrect gender marking on their passport, and be denied entrance as a result. Passage of the Real ID act by Congress has made it significantly more difficult for the transgender community. Because the U.S. refuses to recognize the rights of transgender people, this community is faced with a nearly impossible procedure for attaining citizenship/visa rights.

Resources

For more information about Immigration rights and LGBT couples:

• Lambda Legal
• National Center for Lesbian Rights