Immigration legislation could be amended by same-sex provision

By Richard Kistnen, Esq. –

As the immigration overhaul legislation works its way through the Senate, a critical voice has made itself heard: proponents of same-sex marriage.
Support for same-sex marriage has gained tremendous support recently, and a number of states, recognizing the trend in public opinion, have made changes to law recognizing same-sex marriages.  The immigration legislation, which has recently introduced by a bipartisan group of eight Senators, did not include any provisions which would allow for partners in a same-sex relationship to petition for legal residency.  That is, while spouses in a traditional man-woman marriage can petition for the non-legal spouse, the same rights do not exist, nor are any provisions included in this legislation, for same-sex couples.
Proponents of same-sex marriage point out that legislators, largely Democrats, have recently expressed support for marriage equality.  They, likewise, express disappointment that these same legislators have shied away from making same-sex rights a part of this important immigration overhaul.
As reported in the New York Times, Senator Patrick Leahy, a Democrat of Vermont, is crafting an amendment that would allow an American citizen to petition for a greencard for a partner.  (The proposed measure would not do anything to legalize gay marriage.)  It is uncertain whether Senator Leahy would actually seek to attach the amendment to the larger bill.
Republican supporters of the bill have warned that any such amendment would kill the legislation’s chances of being passed into law.  They suggest that it is difficult enough to gain support for the immigration bill on its own, as some of the more conservative legislators view the immigration bill as giving amnesty to illegal immigrants.  The addition of same-sex rights, they proffer, would absolutely destroy any opportunity for Republican support of the bipartisan immigration bill.
As quoted in the New York Times, Republican Senator Marco Rubio, one of the key proponents of the immigration bill, said, “[t]his immigration bill is difficult enough as it is.  If that issue is injected into this bill, this bill will fail.  It will not have the support.  It will not have my support.”
As the immigration bill continues to make its rounds through Congress, it will be interesting to see what amendments will be annexed to it as supporters push to get it passed into law.  If hot-button issues are not carefully navigated, such as same-sex rights, the bill could easily collapse, setting the dialogue and progress back to step one.  If you need to speak to a lawyer, please call the Law Office of Richard Kistnen, (718) 738-2324.