How equal is marriage equality?

While more states celebrate marriage equality there are about 40,000 foreign nationals in same-sex relationships living the U.S. who, no matter where they live, can’t really take part in that celebration.

Yes, we have made a significant change. Yes, we finally have a president who unapologetically recognizes gays and lesbians. But for all those screaming “Victory!” in their state because marriage equality is now a thing, I ask, what does equality mean to you?

I feel as we have forgotten the Defense Against Marriage Act. DOMA signed by President Clinton in 1996 defines marriage between a man and a women and does not require a state to recognize same-sex marriages. Despite the fact that the law is not being defended by our current administration, DOMA is still enforced. Which means, I can go get married in Maryland but the federal court will not recognize my marriage. Sounds unnecessary?  

Not for the 40,000 foreign nationals in same-sex relationships to whom getting married still means running a risk of getting separated rather than a life-long togetherness. Unlike, straight couples where a U.S. citizen or a permanent resident can file for their spouse’s green card, same-sex couples don’t have that option. In fact, if attempted, the undocumented spouse may face deportation.  That doesn’t seem very equal to me.

Fortunately, President Obama is already on it trying to grant same-sex couples equal immigration rights. However, there is of course opposition with ridiculous reasons as to why they are opposed. David Nakamura and Zachary A. Goldfarb from the Washington Post report on some of those oppositions in their article titled “In immigration debate, same-sex marriage comes to the fore”. Republicans fear that this will kill any chances of a “comprehensible immigration reform”.Some evangelical churches and religious organization continue to fight against anything dealing with same-sex marriage by claiming that it will indefinitely ruin the traditional family. Many now claim that President Obama has to choose between Latinos and gays.

But is this really about either group?

No, this issue shouldn’t be put in the middle of the table as if now the undocumented straight individuals had to fight the undocumented gays and lesbians for a right that has been long overdue to both parties. This is simply about providing the exact same opportunity that straight couples already had to same-sex couples. Does this mean that if same-sex couples have equal immigration rights Obama will not push a full immigration reform? No, why should extending equal rights have anything to do with writing an immigration reform? Does this mean that if a legally married spouse wants to petition for a green card for their spouse the traditional family values will fall apart? NO! 

The fact that this issue even has to be discussed clearly shows how broken the notion of marriage equality really is. 

"Kill the Gays" Bill?

Wait, seriously? Did I hear that right?

Sadly, yes. Currently a bill is passing through the Ugandan parliament to tack on life imprisonment (oh, and the death penalty) as a legal sanction against "gay sex."

Tack on to what, you may ask. Well, there is already a law making homosexuality unlawful in Uganda, which Ugandan activist Julius Kaggwa said explicitly undermines the constitution of Uganda, which supposedly provides protection to all citizens (including minorities), and the United Nations Universal Declaration of Human Rights. That being said, this bill is aimed at making punishment for those engaging in gay sex life imprisonment, and the punishment for "aggravated homosexuality," a term the bill uses to indicate the repeated engagement in same-sex sex or for same-sex sex with one HIV-positive partner, will become the death penalty.

But apparently now Uganda's parliament is looking into "refining the death penalty language" and adding an amendment that would require counseling for those who are gay.

At the hearing on January 21st on Capitol Hill, held by noted gay representatives Tammy Baldwin, Jared Polis, and Barney Frank, Kaggwa called on America, and President Obama, to become involved and send a clear message to Uganda that this bill should not pass. Kaggwa told Advocate.com, "We want to share with them our stories and call upon the American Congress to stand with us to stop this policy. We need added voices from the international community and from the United States in particular.”

Apparently Obama was listening. On Thursday morning, President Obama (along with Secretary of State Hillary Clinton) spoke at the National Prayer Breakfast. It was a stirring appearance since the National Prayer Breakfast is an event held by The Family, a far-right religious group which is believed to have "disturbing ties" to the Ugandan bill. Both President Obama, who called the bill "odious," and Hillary Clinton publicly condemned the bill during their speeches at the National Prayer Breakfast, sending a clear message to both Uganda and the US that discrimination like this should not be tolerated on any side.

The bill probably won't pass, but it does bring up serious issues for the gay and lesbian community worldwide. At the forefront is the fact that being persecuted for your sexual orientation is still very real. Furthermore, the inclusion of HIV-infected persons having sex as "aggravated homosexuality," i.e. only in the context of same-sex sex, perpetuates stereotypes about HIV and those who are most at risk. Finally, even the amending of the bill to include a less violent sanction (required counseling) frames homosexuality as a disorder that can be "fixed," again a horrible misconception about the reality of sexual orientation.

Sources: http://www.advocate.com/News/News_Features/Gay_Reps_Baldwin_Polis_and_Frank_Hold_Hearing_on_Uganda/

http://www.365gay.com/news/rachelwatch-obama-condemns-the-kill-the-gays-bill/

NPR News on Obama at HRC Dinner and the March on Washington

"Despite Presidential Promises, Don't Ask Don't Tell Still Rules"

"Since Obama took office, more than 400 gay service members have been forced out of the military due to Don't Ask Don't Tell, but the president has yet to take action on his campaign promise to repeal the Pentagon policy. He'll address the annual dinner of the gay rights advocacy group Human Rights Campaign Saturday night, and he'll likely have some explaining to do."

Audio from this 10-10-09 NPR post available at:
http://www.npr.org/templates/story/story.php?storyId=113697970&ft=1&f=1014

Rep. Barney Frank (the first OUT member of Congress) says tomorrow's [5th] Queer march on Washington is a waste of time. If we want to get our reps on board, we really need to write them as constituents. That's what the top lobbies in the country (NRA and AARP) do and it obviously works for them.

However, I do think this march will be a great opportunity for visibility and "coming out." Hopefully, more people have come out since yesterday's National Coming Out Day. Family and friends of those previously closeted can no longer say "it doesn't affect anyone I care about," or, "I don't know any." When it becomes more personal, people think twice.

But it shouldn't have to be personal. I wish we could all learn to care about issues even when they don't affect us directly. Straight people should be fighting against homophobia. White people should be fighting racism. Men should be fighting sexism. "Able" people should be fighting ableism. Christians should be fighting religious oppression for other religions. Cisgender people should be fighting against "genderqueerphobia" and transphobia. Americans should fight for the oppressions against those of other nations. The list could go on. People of any privilege should be aware of the ways they direct privilege and how it affects others whose native identities deny them such privileges. We have to take care of each other because we can't all fight every social problem as individuals and small groups, though we can get some big things started.

So maybe this march will re-inspire activists, bring in new allies, and create visibility. It's unfortunate that many of the reps will be in their states for the "holiday" weekend comemorating the commencement of the genocide that founded this country.

The two NPR articles (links below) follow the story in more depth.

http://www.npr.org/templates/story/story.php?storyId=113699338&ft=1&f=1014

http://www.npr.org/templates/story/story.php?storyId=113634899&ft=1&f=1014