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A Gross Unfairness

A report issued in 2006 by two nongovernmental organizations, Human Rights Watch and Immigration Equality, describes the written response made in 1975 by the Immigration and Naturalization Service to an American citizen's petition to sponsor a foreign same-sex partner for legal residency in the United States. The INS denied the petition for the following reason: "You have failed to establish that a bona fide marital relationship can exist between two faggots." Except perhaps in the explicitness of language, federal policy toward same-sex binational couples has changed little since then. On June 3 of this year, Congress held its first-ever hearing on the plight of such couples and brought attention to the Uniting American Families Act (UAFA), sponsored in the Senate by Patrick Leahy and in the House by Jerrold Nadler (and subsequently folded into a larger immigration reform bill). Introduced repeatedly in various forms since 2000, the legislation would add the United States to the ranks of sixteen other countries--including Australia, Brazil, Britain, Canada, Israel and South Africa--that draw no distinction between gay and straight binational couples for immigration purposes. In the words of a supportive Washington Post editorial, passage of UAFA would "right a gross unfairness."

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