Not too long ago, I experienced the impact of the decision of the U.S. Supreme Court in the case of U.S. v. Windsor. While going over my snail mails, I found a handwritten envelope from a certain Eddie claiming to be member of a church group in Glendale CA. I browsed through a 5-page handwritten letter and realized it was not an inquiry letter the likes of which I typically receive, but a hate mail. It was five pages of venomous ramblings, barely coherent, condemning me for being a supporter of same sex marriages. The letter writer said, “ I consider you evil Ms. Tancinco because you support and help same sex marriages, in which God Yahweh don’t accept same sex marriages and homosexual is a sin.” In addition to judging me as evil, the letter sender declared that, “God Yahweh can give you early death..” and will “punish you with your future death.”
Should I take this seriously? Maybe not. I respect each person’s right to speak his mind and espouse his own particular set of beliefs. The letter sender may just be expressing his opinion. But after the shooting at the Isla Vista, Santa Barbara, such expressions of disgust and malevolence may be accompanied by the infliction of physical harm and violence.
It is easy to say that the letter should be ignored. Being human, however, it is difficult not to take offense at the slanderous insinuations and judgments made for being an advocate of same sex couples’ rights.
I realize, of course, that in the greater scheme of things, this 5 page letter is nothing compared to what most of our lesbian, gay, bi-sexual and transsexual (LGBT) community members experience dealing with these types of individuals day in, day out, going through everyday life.
Religion and civil rights are distinct from one another. There is a reason why the founding fathers deemed it wise to separate matters of State from matters of religion. Each society must strive towards the ideal that each individual should have equal rights before the law, regardless of race, sex, religion, and yes, sexual orientation.
The Defense of Marriage Act (DOMA) passed by Congress in 1996, defined marriage as a legal union between one man and one woman. Back then, no states recognized gay marriage. In the past decade and more so, in the past year, several states now have legalized gay marriage. Over 100,000 same-sex married couples live in the United States; 36,000 of these couples are bi-national or partners of different nationalities, and about half of these married couples are raising children. Gay marriage is definitely an immigration issue to bi-national couples.
The Supreme Court in the case of The United States v. Windsor decided on June 26, 2013 that Section 3 of the Defense of Marriage Act, defining marriage as a legal union between one man and one woman, was unconstitutional. The United States government now legally recognizes same-sex marriage. As a consequence of this ruling, bi-national same sex couples with partners in the Philippines or of Filipino nationals have filed petitions for immigrant visas or for fiancé visas.
Hostility towards same sex marriage
The Catholic Church and other religious institutions condemn same sex union as a sin and totally unacceptable. This condemnation of same sex couples certainly has the effect of marginalizing the members of the LGBT community, even though the Pope, in his public pronouncements, tried to be inclusive, by choosing to embrace and show compassion towards all gays and lesbians. Since it is totally unacceptable, supporting a good faith relationships in immigration petitions becomes challenging.
Proving that the marriage was not entered into solely for purposes of the green card is key to approval of spouse petitions. Just like opposite sex couples, it must be shown through supporting documents that both parties intend to establish a life together at the time of marriage. The subjective intention, which is to enter into such union for love and companionship, must be supported by objective evidence. This may include joint documents of assets or obligations to show a commingling of finances. A serious challenge may be faced if one of the parties to the same-sex relationship has not publicly disclosed their sexual orientation in the past because of the hostile environment at home and at the work place. Considering the culture and religious implications of a same sex union, admission of sexual orientation may not come easy. When there is no evidence of relationship with the petitioning spouse, the USCIS most likely would deny the petition.
Like opposite sex petitions, the non-citizen in same sex petitions may be petitioned as either fiancé or spouse. Since same sex marriage is not legal in the Philippines, fiancé visa applications are the applications typically filed. Another reason why fiancé visas are filed prevalently for same sex partners in the Philippines is that it would be more apt to apply for a fiancé visa than to apply for a visitors visa to enter the United States. In rare cases where the noncitizen is not in the United States, the same sex couple marries in a different jurisdiction outside the Philippines . If this happens, marriage petitions are filed.
Achieving Marriage Equality
Same sex marriage is fairly new. Even though it is legal, it takes a while for society at large to completely accept such unions, with all its rationale, implications, and consequences. In isolated cases, there are those whose task is to determine which same sex union applications should be granted or denied who may not be immune to personal prejudices and bigotry. To assess each same sex relationship in the same manner, and under the same legal paradigm as any other opposite sex relationship should be our goal. It is important to steer away from hateful speech and condemnation, understand that discriminating against the LGBT community impacts greatly on how immigration laws are enforced, and ultimately, on whether or not marriage equality may, indeed, be truly achieved.
(Atty. Lourdes Santos Tancinco may be reached at law@tancinco.com or (02)721 1963 or visit her website tancinco.weareph.com/old)
