Immigration policy hurts plight of gay couples

As Americans debate the merits of immigration reform, some gay activists are using the moment to highlight the plight of gay, bi-national couples who sometimes are forced apart by an immigration policy that disregards their relationships.

The couples’ dilemmas reveal a gulf between the growing social acceptance of gay couples and an aversion to granting them the same kinds of legal rights as married heterosexuals, advocates say.

In many cases, the couples move in together, buy property and even raise children in the United States. The foreign partner often stays in the country under the terms of a temporary visa. When that visa expires or is revoked, the couple faces tough choices: They can disregard immigration laws, move out of the country, or break up.

“It’s quite upsetting,” said Mark Himes, a Harrisburg, Pa., resident who is raising two children with a Frenchman who soon might be forced to leave the country. “I’m following the rules and I’m doing exactly what my heterosexual friends are doing – and yet I am not allowed to succeed or achieve the American Dream.”

According to an analysis of 2000 U.S. Census data commissioned by Immigration Equality, a New York gay rights group, the U.S. was home to about 36,000 same-sex couples that had one American and one foreigner. The group estimates that many more are living in secrecy.

Last month, Immigration Equality and the nonprofit Human Rights Watch released a 191-page report detailing the dislocation that such couples face. The report called for passage of the Uniting American Families Act, a bill that would allow gay and lesbian citizens to sponsor their foreign partners for immigration.

Gay rights activists acknowledge that they are making their case in a difficult political climate. Concern over America’s porous borders is running high, and broader questions about the rights of gay couples remain highly contentious.

Last week, President Bush urged Congress to support a constitutional amendment that would define marriage as between a man and a woman only. The Senate failed to pass the amendment Wednesday.