Attorney general and judge block two gay deportations
U.S. Attorney General Eric Holder suspended the deportation of an Irish man May 5 because he is in a New Jersey same-sex civil union with an American.
In essence, Holder said he wanted the Board of Immigration Appeals to reconsider whether Paul Wilson Dorman's civil union might qualify him for a spousal green card.
The federal Defense of Marriage Act prohibits agencies of the federal government from recognizing same-sex marriages, but Holder and President Barack Obama said in February that they consider that portion of DOMA unconstitutional, and the Justice Department stopped defending it in ongoing federal court cases challenging it.
In his May 5 order, Holder said: "I direct that ... this matter be remanded to the Board to make such findings as may be necessary to determine whether and how the constitutionality of DOMA is presented in this case, including, but not limited to: 1) whether respondent's same-sex partnership or civil union qualifies him to be considered a 'spouse' under New Jersey law; 2) whether, absent the requirements of DOMA, respondent's same-sex partnership or civil union would qualify him to be considered a 'spouse' under the Immigration and Nationality Act; 3) what, if any, impact the timing of respondent's civil union should have on his request for that discretionary relief; and 4) whether, if he had a 'qualifying relative,' the respondent would be able to satisfy the exceptional and unusual hardship requirement for cancellation of removal."
Then, on May 6, an immigration judge in Newark, N.J., suspended the deportation of a Venezuelan man who is married to an American man under Connecticut law. Judge Alberto Riefkohl cited Holder's action the day before in issuing his decision.
The couple in the Newark case, Henry Velandia and Josh Vandiver, have made numerous national media appearances and become a poster couple in the political fight to extend spousal immigration rights to foreigners who are in a legally recognized same-sex relationship with an American.
Gay activists and legal observers said the twin deportation suspensions could mean that the Obama administration hopes or intends to stop using DOMA against binational same-sex couples and to start granting green cards to foreigners who marry or enter into a civil union with an American of the same sex.
However, on May 8, a Justice Department spokeswoman told The New York Times that the department will continue to enforce DOMA and that Holder had intervened in Dorman's case only because some issues had been overlooked by the Board of Immigration Appeals.
According to reports, both Dorman and Velandia entered the U.S. legally, stayed beyond the terms of their visas, tried to get permission to remain based on their same-sex unions, and were turned down.
The section of DOMA that is involved -- and that the Justice Department no longer defends in court -- reads: "In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife."
Bill Clinton urges NY state to legalize same-sex marriage
Bill Clinton, who as president signed the anti-gay federal Defense of Marriage Act into law, urged New York state on May 5 to legalize same-sex marriage.
In a statement released by the Human Rights Campaign, Clinton said: "Our nation's permanent mission is to form a 'more perfect union' -- deepening the meaning of freedom, broadening the reach of opportunity, strengthening the bonds of community. That mission has inspired and empowered us to extend rights to people previously denied them. Every time we have done that, it has strengthened our nation. Now we should do it again, in New York, with marriage equality. For more than a century, our Statue of Liberty has welcomed all kinds of people from all over the world yearning to be free. In the 21st century, I believe New York's welcome must include marriage equality."
Gay activists and Gov. Andrew Cuomo are pushing for a vote on a same-sex marriage bill in New York's Legislature before the current session ends in June.
According to HRC, polling suggests 58 percent of New Yorkers support letting same-sex couples marry.
Two days before Bill Clinton's statement, his daughter Chelsea also spoke out in support of same-sex marriage while attending a pro-gay-marriage event.
Open lesbian elected to Denver City Council
Denver's first openly gay or lesbian city councilor was elected May 3. Robin Kniech won an at-large seat in an election that was conducted by mail.
"I ran to work for all Denver families, but I know this is a meaningful day for our LGBT community," Kniech said, according to the Gay & Lesbian Victory Fund, which supported her campaign.
In Indianapolis on May 3, Victory Fund-endorsed Zach Adamson won the Democratic primary for an at-large City Council seat and advances to the general election in November. If victorious, he would become that city's first openly gay or lesbian council member.
Lesbian confirmed to Mass. high court
Openly gay Barbara Lenk's appointment to Massachusetts' Supreme Judicial Court was confirmed May 4 in a 5-3 vote of the Governor's Council.
In a statement citing Lenk's "sharp intellect, vast experience and deep sense of humanity," Gov. Deval Patrick said she will be an "outstanding" justice.
Lenk is married to Debra Krup. Massachusetts was the first state to legalize same-sex marriage, in 2004.
Hawaii trans bill signed
Hawaii Gov. Neil Abercrombie signed a bill banning employment discrimination based on gender identity or expression May 5. Transgender people already were protected in the areas of housing and public accommodations.
Twelve other states and the District of Columbia protect transgender people from discrimination.
Assistance: Bill Kelley
PHOTO (attached)
Bill Clinton. Photo by Andrés Duque
