Saturday, August 11, 2007

Aliens face gay union 'bias' in U.S.

Tom Richardson and Salvador Valenzuela first marked their commitment to each other with a city domestic partnership in Seattle. When Massachusetts became the first US state to allow same-sex marriage, they married there, and hyphenated their last names.

Now back in Washington state, the Richardson-Valenzuelas plan to register for a state domestic partnership, taking advantage of a new state law giving same-sex couples some of the benefits that married heterosexual couples have. The only problem is that by doing so, they risk getting Salvador, who is from Mexico, deported, because registering could jeopardise the temporary tourist visa he uses to enter the US.

Only Massachusetts allows same-sex marriage, and a handful of other states recognise civil unions or domestic partnerships. Civil unions and same-sex marriage are unrecognised at the federal level, which means Valenzuala cannot get legal resident status through a domestic partnership or gay marriage.

“When it comes to gay and lesbian issues, change is coming at the state level,” said state Senator Ed Murray, sponsor of the domestic partnership law and one of five openly gay lawmakers in the state Legislature.

“It's really important for our relationship to be recognised,” said Tom Richardson-Valenzuela, who said they both realise that the immigration laws may catch up with them. Because immigration law does not recognise same-sex couples, an American citizen would not be able to sponsor his or her partner if her or she is on a temporary visa.

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