Leahy Submits Pro-LGBT Amendment To Immigration Bill

Senator Patrick Leahy (D-VT) has introduced a pro-gay amendment to the comprehensive immigration bill being debated on the floor of the United States Senate which would solve the immigration problems for most same-sex binational couples. This a surprise because Leahy shocked (and disappointed) many LGBT people when he decided at the last minute to withdraw his pro-gay amendments when the bill was before the Senate Judiciary Committee, which he chairs, in order to help the bill advance with Republican votes.

The text of the amendment states that its purpose is:

To recognize, for purposes of the Immigration and Nationality Act, any marriage entered into in full compliance with the laws of the State or foreign country within which such marriage was performed.

It does so by saying that any marriage (including same-sex marriages) which are legal n the jurisdiction in which they were performed will be recognized as a marriage for the purposes of immigration law. Importantly,  the marriage would still be recognized for immigration purposes even if the state in which the couple lives or moves to does not recognize that marriage as legal.

Lavi Soloway of the DOMA Project explains implications of the Leahy amendment:

With this bold move, Senator Leahy has carved out an exception to the Defense of Marriage Act for lesbian and gay binational couples that will provide access to existing marriage-related family unification provisions of our immigration law. The Leahy amendment does not actually amend any current provision of our immigration law, but simply removes the extrinsic barrier caused by DOMA that prevents lesbian and gay Americans from filing petitions for their spouses, fiance(e)s and stepchildren. The implication of Senator Leahy's focus on equality is that LGBT families are no different than any other American families comprised of citizens and non-citizens.

The unfortunate part of not having the amendment pass in committee as opposed to on the floor of the Senate is that in committee it needed a majority vote (which could have been provided by all Democrats) while on the floor it will almost certainly require 60 votes to be included in the comprehensive immigration bill working its way though the Senate.

Stay tuned!

U.S. Senate DOMA Repeal Hearing Tomorrow!

Senator Pat Leahy (D-VT), chairman of the Senate Judiciary Committee, is conducting a hearing on July 20th on the so-called Defense of Marriage Act and the Respect for Marriage Act (S. 598/H.R. 1116), which would repeal the 1996 federal law which bans the recognition of legally same-sex married couples by the federal government, among other things.

The hearing will be split into two panels. TowleRoad has the details

Panel 1

* Susan Murray, who lives in Ferrisburgh, Vt., with her spouse, Karen Murray. An attorney with the Burlington office of Langrock, Sperry & Wool, Murray was the co-counsel in the lawsuit Baker v. Vermont, which established civil unions in Vermont in 2000.

* Andrew Sorbo, a Cheshire, Conn., resident who was married to Colin Atterbury. Before dying of pancreatic cancer in 2009, Atterbury was a retired Veterans Affairs hospital administrator and professor of medicine at Yale University. Sorbo, now retired, worked for 35 years as a history teacher and principal. 

* Ron Wallen, an Indio, Calif. resident, who married Tom Carrollo in 2008 after being together for 55 years. In March, Carrollo lost his battle to cancer. After Carrollo's death, Wallen's income was compromised because DOMA prohibits him from receiving his spouse's Social Security payment. Wallen would have been able to receive these payments had he been in an opposite-sex marriage. According to the hearing notice, Wallen is unable to make payments on his family home and is faced with selling the residence, after just losing his spouse.

Thomas Minnery, Senior Vice President for Public Policy, Focus on the Family, Colorado Springs, CO.

Panel 2

Joe Solmonese, President, The Human Rights Campaign, Washington, DC.

David Austin R. Nimocks, Senior Legal Counsel, Alliance Defense Fund, Washington, DC.

Edward Whelan, President, Ethics and Public Policy Center, Washington, DC 

Evan Wolfson, Founder and Executive Director, Freedom to Marry, New York, NY

Although I don't usually agree with Dan Choi on many things, I do agree that the lack of diversity at this hearing is shameful. 7 White guys and 1 white woman? Come on, now!

UPDATE 07/19/2011 04:57PM PST:


According to Karen Ocamb the updated witness list now includes some color (Congressman John Lewis of Georgia):

UPDATED Witness List

Hearing before the
Senate Committee on the Judiciary
On

“S.598, The Respect for Marriage Act: Assessing the Impact of DOMA on American Families”
Wednesday, July 20, 2011
Hart Senate Office Building, Room 216
9:45 a.m.

Panel I

The Honorable John Lewis
United States Congressman
State of Georgia

The Honorable Jerrold Nadler
United States Congressman
State of New York

Panel II

Ron Wallen
Indio, CA

Thomas Minnery
Senior Vice President for Public Policy
Focus on the Family
Colorado Springs, CO

Andrew Sorbo
Cheshire, CT

Susan M. Murray
Ferrisburgh, VT

Panel III

Joe Solmonese
President
The Human Rights Campaign
Washington, DC

David Austin R. Nimocks
Senior Legal Counsel
Alliance Defense Fund
Washington, DC

Edward Whelan
President
Ethics and Public Policy Center
Washington, DC

Evan Wolfson
Founder and Executive Director
Freedom to Marry
New York, NY