Watch: Moving Stories of Same-Sex Binational Couples Fighting DOMA

By: SheWired Editors

LA-based queer filmmaker Brynn Gelbard founded the DeVote Campaign to help shine a light on the plight of same-sex binational couples whose relationships are not recognized on the federal level under DOMA. Brynn teamed with LGBT immigration attorney Lavi Soloway (founder of the DOMA Project) to travel throughout the country interviewing same-sex binational couples fighting DOMA for a series of short films entitled Love Stories: Binational Couples on the Front Lines Against DOMA.

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Involuntary Exile: What Binational Couples Still Face

The Defense of Marriage Act prohibits LGBT Americans from sponsoring their foreign-born partners for residency, forcing many to live worlds apart or even abandon their homeland for a chance to be with the person they love.

BY SUNNIVIE BRYDUM

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5 Binational Gay Couples File Suit Against DOMA

By Andrew Harmon

Ryan Truman 390x | Advocate.com
Lucy Truman (left) and Kelli Ryan, who along with four other binational couples filed suit against DOMA on Monday
WASHINGTON, D.C. — A group of married, same-sex binational couples has sued the federal government, claiming that the Defense of Marriage Act, which has long barred equal immigration sponsorship privileges, is unconstitutional.


Five couples — one of whom first met more than 30 years ago, another who had shuffled between the United States and South Africa for over a decade to avoid breaking immigration law — filed suit earlier today in U.S. District Court for the Eastern District of New York. They allege that the 1996 law, deemed unconstitutional and unworthy of further court defense in 2011 by the Obama administration, violates their equal protection rights under the U.S. Constitution.

Multiple challenges to DOMA are already well under way in the courts: An appeals court panel in Boston is set to hear arguments Wednesday in one such case, where a judge ruled nearly two years ago that a section of the law prohibiting federal recognition of same-sex marriages is unconstitutional.

But the new case is among the first to challenge the antigay law as it applies to immigration rights and is the first to be filed by an LGBT rights organization on behalf of gay immigrant families. A year ago the group Immigration Equality first announced it was planning its lawsuit against DOMA, which denies Americans the opportunity to sponsor a foreign-born same-sex partner for permanent residency.

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Officials Deny Deportation Reprieve for Gay Binational Couple | advocate.com

By Andrew Harmon

Anton Tanumihardja CNN x390 | Advocate.com
Brian Andersen (left) and Anton Tanumihardja CNN

A gay Indonesian man fighting to remain in the U.S. with his American husband has been denied a reprieve from deportation — a decision that appears to contradict Obama administration promises that members of same-sex binational couples can be considered lower-priority cases among the nation’s 300,000 current deportation proceedings.

During a brief Friday meeting at Immigration and Customs Enforcement’s Philadelphia office, Anton Tanumihardja, who in June married his American spouse, Brian Andersen, was denied a request for what’s known as deferred action. He was ordered to return to the local branch on January 13 for another appearance.

If the Department of Homeland Security or an immigration appeals board within the Justice Department does not intervene, immigration officers will require Tanumihardja to make travel arrangements back to Indonesia or be taken into custody and removed from the U.S. by ICE.

Lavi Soloway, the couple’s attorney and cofounder of Stop the Deportations, said he believed that the Friday decision means the administration has not implemented recently updated deportation guidelines in the field, which could have severe consequences for binational gay couples such as his clients.

“The Obama administration made a commitment to stop deportations that would tear apart families, including same-sex couples, and yet in its decision the ICE Office in Philadelphia is failing to make good on that commitment,” Soloway said. “The administration must take immediate action to ensure that the new deportation policy is being implemented fairly and consistently by ICE deportation officers in local offices, or this policy announcement is meaningless.”

Inger and Philippa Prepare for Another Christmas on Webcam: Love Without Borders

At the end of a visit, Philippa hugs their ten-year old
daughter who knows her as Mum Here we are, with the holidays quickly approaching. My daughter and I are trying to prepare and take pleasure in the season. Sounds happy enough, except for the fact that my wife, the woman my daughter calls “Mum,” is 5,000 miles and 7 hours away from us in the UK. The emptiness that is a prevailing theme as we pick out gifts and drag out decorations is almost palatable. Even the littlest things, like having to think again about sending packages overseas and wondering if they’ll arrive in time reminds us of what is missing. The knowledge that it will be another Christmas on webcam takes much of the joy out of the situation.

My name is Inger. I am a US citizen and my partner, Philippa, is British. Together we have a 10 year old daughter who knows Philippa as her Mum.

We have been struggling to find solutions to the inequalities in the US Immigration system for about 2 ½ years. In that time, Philippa has been here 6 times and my daughter and I have been to the UK twice. The longest we have managed to spend together in one sitting is 89 days. That’s just under 3 months. When you think about it, that’s no time at all, especially when this person you haven’t seen for more than 89 days is your spouse. It’s hard to create a home and raise your family and be part of “normal” everyday life when that life depends on telephones, computers and the occasional visit lasting, usually, between 8 to 23 days. When we had a commitment ceremony, and our daughter gave me away, it was a beautiful thing and one of the proudest days of my life… less than 2 weeks later she was gone.

The United States of America is very big on the idea of family; however, it seems hypocritical to tell me that my family isn’t “the right kind.” Those who express bigotry against lesbian and gay Americans seek to deny us our basic human rights. As an American in a binational relationship I am encouraged to leave my own country as a solution to our immigration woes. The purveyors of the Family Values propaganda are not the ones who have to hold their young child at night when she wants her mum; to try to explain and to rationalize why her mother has to leave after 3 weeks when it’s been 6 ½ months since we’ve seen her last; to keep her feeling safe when she knows that we don’t know when we’ll be reunited next; and, above all else, to keep her faith and trust in us that we are doing everything we possibly can to fix this.

Family Values rhetoric has been enshrined in our laws, and those laws deny us the right to live together as a family. You might say we are lucky to have the option to move to the UK, where same-sex binational couples have had immigration rights since 1997. However, we cannot move to the UK because my daughter’s father lives here in Colorado. It would be wrong to deprive my daughter of her relationship with her father. That is a choice we should not have to make, because Philippa should be able to move here and live with us. But the U.S. government does not see it that way. The Defense of Marriage Act denies access to the protections of U.S. law including the family unification policy of immigration law through which all other Americans in my position would simply sponsor their spouse for a green card. The Defense of Marriage Act wages a war of cruel consequences against us. It was passed in the name of family values. Whose family? The proponents never said. This law must be repealed in the name of fairness and justice. And in the name of valuing family.

When I describe our situation to others they are appalled. Philippa is willing to give up her whole life, leave everything she knows and has in the UK so that she can be with us and yet she is made to feel unwanted by the country of The Great Melting Pot and The Land of Opportunity. She is educated, industrious, moral and kind and would be an asset to our community. With her by my side, we would live happier and more productive lives. What child wouldn’t thrive in a home with loving caring and supportive parents? Philippa has to view our daughter’s triumphs and hard times through email, or video instead of being able to cheer her on in person or hug her fears away. When our girl asks a seemingly simple question of “When is Mum coming home?” Would you want to be the one answering those questions, looking into that confused and trusting face, seeing it crumble and fall? No one would want to fall in love, only to feel that they have caused pain to the rest of their family. But we could no more give up on each other, than breathe water or sprout wings. And so, we carry on. Facing each new day as it comes, knowing that still in our trying situation, we are luckier than so many others.

I know, without a shadow of a doubt, that I in Philippa I have found my life mate, my forever one, the only person with whom I could ever truly raise my life’s work, our daughter. I will wait and fight and petition and call and volunteer and cry and shake my fists at the heavens until my beautiful and most precious wife is safely home and we are all united. Permanently. A simple thing really. No fireworks, no fanfare…just to be together…just to be. What I wouldn’t give.

In the mean time, we waffle between celebrating and forgetting that we are missing birthdays, anniversaries, holidays, milestones and every precious minute we are apart. Vowing never to waste a moment when we can finally stop the clock that is slicing our days together into moments left. To silence that ticking that underscores everything. Just to be. Together. Whole. Always.