Two news stories this week show why we are increasingly frustrated with the Obama administration and congressional Democrats. They both point to a need for Congress, which has Democratic majorities in both houses, to step up and address inequities that are adversely impacting LGBTs in the United States.
Locally, a Pacifica lesbian couple, Shirley Tan and Jay Mercado, the parents of twin 12-year-old boys, face the unimaginable on Friday: Tan, who has been with her partner for 23 years, is due for deportation to her native Philippines following a years-old decision by the Board of Immigration Appeals that Tan says she had never received. The gross injustice of this situation is the fact that if Tan and Mercado were an opposite-sex couple, they wouldn't even be going through the hoops set up by federal immigration authorities. Mercado could have sponsored Tan for residency to secure a green card.
Now, the family faces the threat of being uprooted, which isn't good for anyone. The couple's congresswoman, Jackie Speier (D-San Mateo), has called the case "unacceptable," but as of press time, had not stepped forward with what is known as a private bill that, if passed and signed, could delay deportation so that the case could be reopened.
Of course, since Tan and Mercado are a same-sex couple, it is uncertain that a private bill will be applied to them as it is to heterosexual families facing similar circumstances. Senator Dianne Feinstein (D-California) has authored such bills in the past for families, but not any that were LGBT. Still, local representatives should try because the process would shine a bright light on the unequal federal immigration laws in this country.
While the Uniting American Families Act, which would offer remedies for binational same-sex couples, has been reintroduced in the House and Senate, no action has yet been taken. If passed and signed by the president, it will help thousands of same-sex couples, but it will come too late to apply to Tan and Mercado.
At the very least, immigration officials should delay deportation proceedings until it can hear a motion filed by Tan's current attorney. Tan, a victim of gun violence by a relative in the Philippines when she was 14, can't possibly be expected to return to that country where she doesn't even have the support of her own family.
This case is illustrative of what we called for last month: equal federal rights for LGBT couples. A private bill would only help this specific couple. The broader UAFA would go so far as to only help binational same-sex couples. But the simple and comprehensive solution would be to pass a bill that implements equal federal rights for same-sex couples. That is what Obama promised during his campaign and reiterated in a section on the new White House Web site: "Support Full Civil Unions and Federal Rights for LGBT Couples":
"President Obama supports full civil unions that give same-sex couples legal rights and privileges equal to those of married couples."
This is the solution to which Obama is committed. He should be held to it because we finally have a president who is offering an all-encompassing, rather than a piecemeal, approach to full equality.
Earlier this week, the Obama administration delivered a blow to the LGBT community when Defense Secretary Robert Gates told Fox News Sunday host Chris Wallace that there would be no effort to repeal the military's anti-gay "Don't Ask, Don't Tell" policy. In fact, there is money in the federal budget to continue DADT into 2010.
"I think the president and I feel like we've got a lot on our plates right now, and let's push that one down the road a little bit," Gates said in response to a question about where the administration stands on DADT. Obama's press secretary had given a one-word answer, "Yes," when asked earlier this year in an online chat if DADT would be repealed.
Why the federal government needs to spend money to kick gays and lesbians out of the armed forces is a mystery to us. That money could be better spent on many constructive projects.
While Gates's comments were not surprising, it's disheartening that LGBTs are being short shrifted by this administration. And the "we're too busy" excuse is no justification and of little comfort.
When will the administration and Congress understand that supporting equal federal rights for LGBTs is not an either-or proposition? Strengthening families is good for the nation. Allowing out gay soldiers to serve their country not only provides them with jobs, it helps in the president's own newly announced policy to beef up troops in Afghanistan. Having job protections, such as an inclusive Employment Non-Discrimination Act, will help people keep their jobs in this tough economy.
We read recently that the administration is planning to form a task force to review the tax code. Such an examination must include correcting the inequities for same-sex couples.
It's frustrating to know that federal civil union rights and non-discrimination policies could financially benefit people during this recession, yet no one in government is stepping forward to initiate the needed changes. It's all connected.
Obama and his supporters insist that he can "walk and chew gum at the same time," meaning that he can work on various issues simultaneously. When it comes to LGBT rights, however, we're told that there's "too much on our plates."