Dan Brotman is a gay man from Massachusetts. So, legally, he can marry his fiancé, Keith. The only catch is that Keith is South African – so unlike heterosexual couples, Keith is not allowed to enter the U.S. as Dan’s legal spouse.
As a same-sex bi-national couple, Dan and Keith are not entitled to the same rights and protections as heterosexual couples. In order to live together, they have to live in South Africa.
Unfortunately, an amendment to the immigration reform legislation Congress is currently debating, which would have protected bi-national same-sex couples like Dan and Keith, was recently withdrawn. Now, the issue is left to the Supreme Court, which is scheduled to rule on the legality of the Defense of Marriage Act (DOMA) this month. If DOMA is ruled unconstitutional, it will no longer be legal to deny Dan and Keith the rights that heterosexual couples enjoy.
36,000 same-sex bi-national couples living in the United States and thousands of gay Americans forced into exile abroad were failed by both the Senate and the Democratic Party; the latter we expected to support us during our greatest moment in immigration reform history. Thousands of gay Americans living abroad would love nothing more than to be able to live back in our country, where we would be creating jobs and contributing to the economy and society.
When Senator Leahy proposed an amendment to the proposed immigration bill that would have protected us, he highlighted the heart wrenching dilemma in which same-sex bi-national couples are placed: “I do not believe we should ask Americans to choose between the love of their life and love of their country.” Yet, this is exactly what the Obama administration and Senate Democrats asked us to do when they caved into bigotry and asked Senator Leahy to not call for a vote on the amendment.
As an American Jew, the experience of legislated second-class citizenship is a painful recurrence in my people’s history. Spain’s Edict of Expulsion, Russia’s May Laws, and Germany’s Nuremberg Laws disenfranchised my ancestors and forced many of them to go into exile. Such legislation against Jews in the Russian Empire even forced Senators Chuck Schumer and Dianne Feinstein’s grandparents to immigrate to the United States, where they knew their children and grandchildren would truly experience what it means to be equal under the law.