The Devil suggests: “Binationals you may get screwed”

MY DEVIL IS ADVOCATING ………  

IMMIGRATION EQUALITY (.org) is calling for support of RFA Reuniting Families Act)  The Reuniting Families Act (H.R. 2709)  because it includes Lesbian and Gays.  In this article when I refer to CIR  I include RFA http://hosted.vresp.com/404947/1f3d6f0ec5/135453617/57f5af7acc/

  If the devil did not advocate, success would go unappreciated.  My hope is for the success of Mike Honda’s bill on CIR and that it will include the LGBTQ community in every respect of our right for immigration equality.  It would be remiss for comprehensive immigration reform to refuse our community and hence any such bill penned by a democratic author must include our community, that is a given. But should it distract us?

 Immigration Equality, a leading LGBT organization, performing excellent lobbying work and policy making on behalf of our community, have lobbied on behalf of the preeminent Bill in support of Gay and Lesbian immigration equality, The Uniting American Families Act (UAFA, H.R. 1024, S. 424) and is now also advocating for the support of the Honda legislation. They are extending their support by asking our community to participate in a campaign promoting CIR. In my continuing efforts to advocate for LGBT immigration rights and UAFA and in my representation of Shirley Tan and Jay Mercado, I would be remiss if I did not find my devil to play advocate. 

 If we expend so much time and our limited lack luster resources on advocating specifically for CIR do we risk being sacrificed as ‘lambs to the slaughter’ only to get dumped at the end of the road when democrats make a deal to garnish the hold out votes of few Republicans for CIR?  

 Comprehensive Immigration Reform  **is controversal in itself- why add us to the mix?  There are significant issues which will continue to cause resilience and fragmentation amongst our representatives in Congress including the very friends of immigration reform.  Issues such as amnesty and fines will continue to keep this legislation at bay, religious rights will use as as an excuse to dump all and any reform, whether garnished under family reunification or not.  If we add LGBT to the mix, that could be the savings account used in a trade-off against these issues.   The writing is so on the wall, exemplified by President Obama’s failure to mention UAFA or any immigration reform for LGBT rights today.

 I believe we may be selling ourselves short of UAFA’s strong identity for OUR equality – which if pressed may be the very angle that gets us passage of this critical legislation- especially with support of OBAMA and increasing co-sponsorship?    While we may not see an early accomplishment of CIR, we stand a chance of progressing to EQUAL RGHTS if equality is the issue. 

 Obama is all ears if he hears from us in a BIG  LOUD WAY – the stories – our time should be spent working on the Obama Administration with the help of our representatives specifically to include UAFA for our immigration reform.

 If DOMA is repealed such will in effect beg the very question on the issue of gay marriage in so far as it pertains to immigration reform.  If we can marry only in some States how will the repeal of DOMA help us establish immigration rights without UAFA?   It is not appropriate to ask our community to marry in a non-domicile State that allows same sex marriage, because there are complications when it comes to jurisdiction in matters of divorce- by virtue of residency requirements and ‘locus standi in judicia.  Further how do we know the effect of a repealed DOMA on the wording in any CIR legislation such as RFA as it impacts immigration rights for LGBT partners/spouses?  This is a big unknown. Is the New York based organization, Immigration Equality in working with UAFA and becoming strategically involved in RFA, a bet hedging strategy? Is it possible that we may be ’shooting ourselves in the toe’ by setting ourselves as  the ‘out’  for legislators who may deem it prudent to ask us to wait for passage of the new bill RFA, and thereby have an excuse to shirk direct support and attention to UAFA.   Valuable players who we are still trying to court to co-sponsor UAFA such as Senator Dianne Feinstein should not be provided with this kind of excuse, instead we should be working directly with her staffers to address her concerns, and find solutions for the perceived holes in UAFA – to work to ensure the necessary amendments.  What is the meaning of Immigration Equality’s reference that RFA includes UAFA?

I have a gnawing intuition that the current state of the journey to immigration equality is at great risk if we do not keep our focus 100% to UAFA and if we do not push now while the political climate and shift in power is much improved. 

I am wondering if there has been any collaboration on the questions and concerns I have raised n this piece,  not only on a lobbying level but in the prima facie deliberation between the various organizations involved in the lead on this twofold plan?

 If Immigration Equality (.org) is putting its limited resources into this strategy   will its lobbying efforts for UAFA suffer?  Will the donations to support Immigration Equality (.org) continue if it is assisting CIR rather than maintaining its focus purely on our own community? 

 While I think it is important to bless HONDA, et al, for ‘ doing the right thing’ with  support of CIR legislation and its process, I am not sure that overt lobbying on behalf of CIR by our organizations with our limited resources does anything more than add complexity to the issue and risk the concentrated focus that UAFA requires.   

I truly believe we can get UAFA passed and I also believe that the lobbying will require much more in the realm of re-drafts and additional clauses in alliance with the legislators such asSenator Feinstein.  We should all gather around a massive and coordinated grass root effort to influence our representatives all around this country, with an enormous marketing plan and talking points, without any variance from our ultimate goal. 

For the first time UAFA is receiving main stream attention with articles, news, TV, blogging, social media highlighting stories that many have never been heard. To my way of thinking we are juststarting, given that UAFA was only reintroduced a few months ago.  To deviate is risky and a slap in the face to the progress that has been made in such a short space of time. 

The stories of Shirley Tan and Jay Mercado, Gordon Stewart and Renato, Martha and Lin McDevitt –Pugh of Love Exiles Foundation to name but a few,  are only just starting to provide the attention the issue deserves.  Great strides are being made through the letter writing campaign organized by the San Francisco based all volunteer and grass root organization, OUT4Immigration, gaining ground thanks to the efforts of dedicated volunteers such as Kathy Gina, Belinda , Amos, Mickey, Marina et al.  

 International press has been following Love Exile Foundation at www.loveexiles.org.   The very powerful Marriage Equality group has appointed an Immigration coordinator, Chris Waddling PhD. now forging important alliances.  Shirley Tan, a powerful asset to this cause is receiving an increasing amount of attention and has inspired many to step up to the cause.  Shirley and her family  advocate now  for UAFA – they have been the subject of a story in People Magazine, (40 million readers) many newspaper opeds, news, TV, blogs, articles and her testimony at the Senate Judiciary Committee hearing on UAFA at you tube has received almost 30,000 hits. Time to move forward and add to the momentum.

Resolutions are being authored in State Assemblies around the US in support of UAFA, including the recent one in California (Resolution 15 authored by Rep Kevin de Leon) with a hearing in Sacramento, scheduled for August this year. 

This all said, the devil’s advocate says what if…….?   In listening and hearing we must wake up and not rest on our laurels, let us look for great leaders and not rely purely on non-profit lobbying. We must take responsibility while holding those whom we support accountable for not only their spending of our donated dollars and time, but also for the decisions they are making. 

I look forward to hearing from you all on your thoughts as well as some education if you think I am wrong or misinformed. 

Thanks for your continued support –

** WEBSITE OF CONGRESSMAN HONDA
Rep. Michael Honda to Announce Key Component of Comprehensive Immigration Reform: Reuniting Families
6/2/2009
WASHINGTON D.C. (Today) – Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama’s reform agenda.   Joining the Congressman will be other Members of Congress and supporting advocacy organizations.  Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America’s family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.  “ 

PRESIDENT OBAMA I HEARD DADT, DOMA, ETC

BUT I DID NOT HEAR UAFA -

Uniting American Familes Act

President Obama mentioned many an issue on his agenda for LGBT equality today at his meeting with a group of LGBT leaders – but failed to address Immigation Equality.  This is not a good sign. I believe the activists for UAFA need a strategy. Ditching DOMA may help but only a few. 

When we get all 1,138 Rights, I never want to see ta letter of the ALPHA.BET again! 

DADT  DOMA UAFA EDNA GRRRRR!

UR-GENT Lt. Dan Choi Hearing in a matter of hours

Melanie Nathan, Lt. Dan Choi and Shirley Tan

Yesterday I met Lt. Dan Choi as the photos on my home page (scroll down) indicate.  He has the heart of a soldier and now an activist.  When speaking to him he exuded passon  for the army and our Country and wants to serve; he suggests the very idea of booting gays from the army is detrimental to the interests of our country – and not the opposite- as you have all been led to believe.   He speaks four foreign languages including Arabic.  To lose his service on the basis of derliction of duty is not only absurd but a very poor reflection on our so called democratic ideals, ironocally the very fight he is ultimately fighting.

How can we throw the Lt. Choi’s out in this unconscienable fashion.  I urfge you to find this petiton below and sign it right now.  If  you want I will be delighted to forward the email to you and you can reach me at nathan@privatecourts.com  -  Show your support of this American hero sign now there are mere hours to go.

Dear Melanie,
On Friday, we sent you the following message from Dan Choi, a native of California and an Army Lieutenant facing trial on Tuesday for “moral and professional dereliction” under the military’s “Don’t Ask, Don’t Tell” policy.

With just hours left until Lt. Choi’s trial, an amazing 91,147 people have signed the letter of support linked below asking the Army not to fire Lt. Choi.

It’s important that Lt. Choi walks into the courtroom on Tuesday holding as many letters of support as possible. Can you help us gather more than 100,000 signatures by adding your name now and forwarding this email to your friends?

http://www.couragecampaign.org/SupportDan

Rick Jacobs
Chair, Courage Campaign”

nathan@privatecourts.com

 

 

 

Kathy Drasky and the volunteers for Out4Immigration

Did an amazing job of organizing  the OUT4I contingent in the Parade. The turn out was amazing and the march a great success.  Kathy yelled through her megaphone non stop for the entire slow march down all of Market Street, educating the public as we went by.  Shirley and Jay Tan Mercado, the twins and Melanie Nathan were sitting in the 1962 Rolls, kindly donated by a gernerous enthusaist.   The Pride organizers and Belinda Ryan were on the job, pulling off difficult manoevres to make our participation such a succes.   Kathy is the very talented photographer and credit for these pictures in the post -very kindly provided me with an exclusive for thos BLOG goes to Company, KazzaDrask Media, I am impressed.

The Tan Mercaso’s in ParadeMelanie and the Tan FamilySF Pride Shirley Tan, Melanie, Jay Mercado, Jorr and JashMelanie Nathan , Jorr, Jay, Shirley Tan, Jash Tan- Mercado

Pride Photos SF PRIDE 2009- Melanie Nathan

Dan Choi, Shirley Tan, Jay Mercado Jorr and Jash

Belinda from Out4Immigration and on the BOARD of SF Pride

PHOTOS:EXCLUSIVE TO THIS SITE AND COPYRIGHT TO MELANIE NATHAN.©2009 Permission to reproduce -contact nathan@privatecourts.com

SFPride VIP Party in City Hall

Dan ChoiThe Bears SF Pride - our drivers

San Francisco Pride 2000- Lt. Dan Choi;

Melanie Nathan, Dan Choi and Shirley Tan

Today Shirley, Jay, Jorriene, Jashley and I rode in a convertible black Rolls (1962), followe by the banner OUT4IMMIGRATION. It was great visibility to the issue of the U.S. binational plight;  ever amazing in the grass root coordination, OUT4I volunteers turned out in enthusiastic full force.  I will Blog and post over the next few days.

 

 

One of the highlights today was meeting Liuet. Dan Choi, the West Point grad who is challenginf the DADT policy.  Our thoughts are with him for his Tuesday hearing. This young man has the most estraordinary energy; he is articulate in the way he brings new points and considerations to the DADT debate.  More to follow

Human Rights Campaign Dinner 25th July 2009 San Francisco

 Quote: Human Rights Campaign, San Francisco Steering Committee:- 

“As we know from this past year’s roller coaster fight over marriage rights, our community needs a powerful voice and leaders who can harness the momentum that is building so that we can all share in the progress that we have long waited for. Listen to members of this year’s Gala Dinner Committee discuss what Power in Progress means to them.”

 I know that this fundraiser was set before April of this year – and plans were made prior to the recent historic boost  to UAFA (Uniting American Families Act) -However, due to the enormity and the historic  significance I have found it odd in the light of the theme for this year that HRC did not find a way to include what follows in the Power for Progress theme – If ever I saw Power in Progress  it is here and it is still history in the making.   To miss at the very least a mention of this and its significance is not only a slap in the face to the players and courageous victims, but also a significant loss to the issue of immigration equality, whether this is HRC prime issue or not.

Senator Barbara Boxer and the Tan -Mercado Family

What specifically am I speaking about:-

1.  Senator Feinstein introduced a Private Bill (#867) for our California bi-national couple – Shirley Tan and Jay Mercado, with California immigration and LGBT activist Melanie Nathan at the helm of multiple organization support and the  effective use of the media. This saved Shirley from imminent deportation and she is now able to remain at home with her wife and their twin boys.  Now she awaits passage of UAFA with thousands of others, some of whom are exiled from their own Country and led to:-

2. Shirley Tan from  Pacifica courageously gave oral testimony in D.C. at the invitation of Senator Leahy to the Senate Judiciary Committee on June 3rd, 2009.  She was introduced by CA Congresswoman Jackie Speier who lent incredible support to the efforts.  Shirley will also give evidence to State Assembly for a Resolution authored by Rep. Kevin de Leon in August this year. 

3. The video Testimony of Ms. Tan has been viewed on You Tube 28,000 + times – This was picked up by thousands of outlets, through Associated Press, Internationally. People Magazine (40 Million readership) Article by Susan Young, New York Times (June 3rd), San Francisco Chronicle, SacBee and Mercury News – all unique Articles; Local and national network prime time news Cable Chanels – Filippino Mainstream news- Chagmion Antoine Interview on LOGO. 

4. There are at least 36,000 bi-national couples impacted by the progress of this legislation.

5. In the light of last years controversy I sense this may reflect somewhat on the “all rich white male” critique applied to that boycott!

6. Remember raising money is ALL in the stories!

I think this is an issue that HRC must ackowledge in some way at the gala. 
If anyone from  HRC reads this they may contact Melanie Nathan at nathan@privatecourts.com

DOMA – Sec 3-an LGBT win- one mere section down- many to go- OBAMA DON’T REST UNTIL DOMA IS DONE?

President Obama - a stroke of a Pen!  Defend this most agregious civil abomination called DOMA  (Declare Obama Missing in Action!) Another article in this ongoing and random series by Melanie Nathan.

According to a letter sent to Gay & Lesbian Advocates & Defenders (GLAD) by the Department of Justice, the Department of State has “amended the relevant provision of its Foreign Affairs Manual (“FAM”) to provide for issuance of passports in a new name based on a legal name change recognized under state law.” 

A new case (decided June 17) now imparts a validating change  that all married same-sex couples will be able to get new passports based on the name on their marriage certificates, if the state issuing the marriage certificate, like Massachusetts, recognizes the name change by operation of law.

I imagine this means that this law now only applies to 18,000 “special” same sex married couples in California.  Now the weirdness of Prop 8 inequity really starts.  One can start to see the craziness in some recognition on some levels and some non recognistion on other levels.   It is time to simply give across the board marriage for goodness sake – ditch DOMA- and spare us the pain of getting to what is inevitably going to happen.

The change is outlined in a section (7 FAM 1359 Appendix C) of the manual entitled “Change of Name by Operation of Law, Including Same Sex Marriage and Civil Union,   and Name Change for Use in U.S. Passports.” When Keith Fitzpatrick and Al Toney III married in 2004, Keith changed his name so that everyone in their family – Keith, Al, and Al’s daughter Kayla – would share the same name. 

I remember travelling around the world with my then 4 year old and partner and we had so many problems because the three of us had different name combos.  To add to our difficult my child is adopted from a foreign country and so we had racial profiles to contend with as well.  I would travel with a file of legal documents, almost a cabinet’s worth!

While Keith had no trouble updating his driver’s license, the federal government said no when he tried to do the same on his passport, because of DOMA. Consequently, his passport and his driver’s license have two different names, making foreign travel precarious in a post- 9/11 world.

Read the Stories: of the Plaintiffs.

Michael Jackson

Ben, the two of us need look no more We both found what we were looking for With a friend to call my own I’ll never be alone And you, my friend, will see You’ve got a friend in me (you’ve got a friend in me) Ben, you’re always running here and there You feel you’re not wanted anywhere If you ever look behind And don’t like what you find There’s one thing you should know You’ve got a place to go (you’ve got a place to go) I used to say “I” and “me” Now it’s “us”, now it’s “we” I used to say “I” and “me” Now it’s “us”, now it’s “we” Ben, most people would turn you away I don’t listen to a word they say They don’t see you as I do I wish they would try to I’m sure they’d think again If they had a friend like Ben (a friend) Like Ben (like Ben) Like Ben

Michael Jackson and Farrah Fawcett

Both American incons died today; for the families a very sad day, especially for their respective children. It wakes us up to the very startling realities of life that we are all a day away from the inevitable, Enjoy what you have and who you have. May they both RIP.

IRAN REVOLUTION – My friend from Iran says:-

Still the same! 
“Those bastards are busy killing people in Iran. The prisons are full. The entire big cities in Iran have become army bases.”

This is why we must focus on UAFA – not sure theat CIR will make it…

Somehow I think (opinion only) that UAFA stands more chance than CIR.  I have many reasons for thinking this.  I will gather my thoughts and keep reporting back, Melanie Nathan

June 22, 2009 Daniela Securanza reports  at http://whitehouse.blogs.foxnews.com/2009/06/22/immigration-back-on-the-burner-on-thursday-at-least/ Immigration back on the burner on Thursday, at least (Washington) The White House conceded Monday that getting comprehensive immigration legislation on the President Obama’s desk is going to be tricky under present circumstances.”I can see the president’s desire for it to happen, but understanding at the current — currently where we sit, the math makes that more difficult than — than the discussion,” said press secretary Robert Gibbs. The concession comes before a big meeting at the White House on the topic scheduled for Thursday. The meeting, which will bring together bipartisan members of Congress, has been twice postponed — an indication that the economic crisis and the administration’s big push for health care reform have trumped it. Last Friday, Mr. Obama brought up the topic at the Esperanza National Hispanic Prayer Breakfast and reminded the audience that he is in fact committed to reform. “For those who wish to become citizens,” Mr. Obama said, “we should require them to pay a penalty and pay taxes, learn English, go to the back of the line behind those who played by the rules. That is the fair, practical and promising way forward.” Gibbs characterizes Thursday’s upcoming meeting as an “ongoing and continued conversation,” and says Mr. Obama, “hopes that [immigration reform ] will happen soon, but doesn’t have a crystal ball as to when that might happen.”

So why would the LGBT community piggy back this and waste time and energy.   There will be opposition on a vareity of principals and those extraneous principals, many more than LGBT inequality,  ought not usurp our power.  Arguing for ourselves in combined format is very risky in my opinion.  I personally think that with a real push, UAFA can pass and sooner than we think.  With all due respect tom those much wiser and more experienced than me, there is a great deal missing in our lobbying and organizational efforts.   However this does not mean we should not ask for inclusion, but I would not conduct my fight in the CIR arena – we have a much better case for Equality and civil rights than we do for Immigration reform, at least as far as America is concerned.

The biggest mistake is the willy nilly way we are all proceeding, – unity is imperative and hence there ought to be a masterplan.   Guess what I have developed a National Master plan – has any organization done ghat yet? If not you are more than welcome to mine.  Adopting this plan means letting go of organization ego’s desires to triumph by being the one to claim the finish lines.

No one is taking leadership, nor any group because leadership means inclusion and delegation from grassroot to organizational.

If anyone is interested in peaking at a mam/master plan please give me a buzz.

Shirley Tan and Family to March with Out4Immigration at San Francisco Pride 2009

Jashley with Senator Leahy (D-VT) signing Batman Poster after UAFA hearing

Press release:-

Shirley Tan and Family to March with Out4Immigration at San Francisco Pride 2009
Pacifica family and Out4Immigration seek equal immigration rights for LGBT families and passage of the Uniting American Families Act (UAFA)
By Marina DiCerbo
Tuesday, June 23, 2009

• Photo taken by  Melanie Nathan.

San Francisco, CA—June 23, 2009—Shirley Tan, her partner Jay Mercado, and their two children will join Out4Immigration—the all volunteer, grassroots advocate for same-sex binational couples and their families—at the San Francisco 2009 Pride Parade on Sunday, June 28th. Together, they will be marching for equal immigration rights for same-sex binational couples to remain together in the U.S. by urging Congress to pass the Uniting American Families Act (UAFA).

“We are proud that Shirley, Jay and their two sons are joining us in the San Francisco Pride Parade. This family’s struggle in the U.S. immigration system is one so many same-sex binational families face. It is unconscionable that Americans are still denied the right to sponsor their same gender partner for immigration,” said Belinda Ryan, co-founder and president of Out4Immigration.

Shirley Tan, a mother and housewife from Pacifica, California turned courageous activist, came to the U.S. from the Philippines 23 years ago. Living with her partner, Jay Mercado, a U.S. permanent resident and their 12-year-old twin sons, Jorriene and Jashley, both American citizens, the family’s private life came to an abrupt halt when earlier this year, U.S. Immigration and Customs Enforcement (ICE) agents showed up at their door with a deportation order for Shirley. A legal error by a former attorney had led Shirley to believe that she was in the U.S. legally. Detained and handcuffed like a criminal, Shirley was about to be deported, to be torn away from her beloved family, when a unique Private Bill (#867) was introduced by Senator Diane Feinstein that stayed her deportation until the end of 2010.

“Shirley and Jay, like tens of thousands of other LGBT binational couples, remain at risk until legislation such as The Uniting American Families Act is passed to ensure LGBT immigration equality,” said Melanie Nathan of Private Courts, now representing Shirley Tan. “Shirley, her family and I will be riding alongside Out4Immigration to elucidate the plight of all who suffer immigration inequality.”

Shirley Tan delivered compelling testimony for the need to pass the UAFA earlier this month at a Senate Judiciary Committee hearing chaired by Senator Patrick Leahy, the bill’s sponsor in the Senate. Her story moved many to tears, including her son, and illustrated in real time the impact unfair U.S. immigration laws have on LGBT families.

“It is abhorrent that our families are treated as “legal strangers” in the eyes of U.S. immigration law. Devoted families who have been in strong committed relationships for years are torn apart or forced to live abroad, effectively exiled from the U.S. because present immigration law does not recognize their relationship. It is time our politicians stood up for what is fair and just and passed the UAFA,” added Out4Immigration’s Ryan.

The Uniting American Families Act (UAFA), re-introduced in February 2009 by Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT) would add the words “or permanent partner” to existing immigration law wherever the word “spouse” appears. This legislation would give gay and lesbian Americans and permanent residents the same rights to sponsor a foreign partner for U.S. residency that is currently only afforded heterosexuals in binational relationships. According to a 2006 report by the Human Rights Watch, there are approximately 36,000 same-sex binational couples living in the U.S. or in exile who would benefit from this legislation.

For more information:

Deportation on Hold for Lesbian Mom: http://www.pacificatribune.com/news/ci_12256112
UAFA Senate Hearings (6/3/09) – Shirley Tan Testimony: http://www.youtube.com/watch?v=9cTojNqjnP4
Out4Immigration: http://www.out4immigration.org
The Uniting American Families Act (H.R. 1024): http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HR01024:@@@P
The Uniting American Families Act (S.424): http://thomas.loc.gov/cgi-bin/bdquery/z?d111:SN0424:
Human Rights Watch Report: Family Unvalued: Discrimination, Denial, and the Fate of Binational Same-Sex Couples under US Law: http://www.hrw.org/en/reports/2006/05/01/family-unvalued

____________

Out4Immigration is a national grassroots organization dedicated to raising awareness about the discrimination same-sex binational couples face under current US immigration law and the difficulties they encounter in keeping their families together legally in this country. For more information, visit www.out4immigration.org.

Lest we forget – Shirley will testify to California State Legislators 6/30 for resolution #15 -Rep. Kevin de Leon

This was Shirley Tan’s testimony on June 3rd in front of the Senate Judiciary Committee.  Now we prepare for the State Capitol.  ALL speaking engagements for Shirley should be via Melanie Nathan at nathan@privatecourts.com

D O M A D O M A D O M A D O M A D O M A D O M A …

Do Mad Do Mad DO MAD

DOMA – Declare Obama Missing in Action

I received yet another email from President Obama, in receipt of which I am sure I am not alone, asking for support on his health care plan.  I am not lending my support to anything, nil, zilch, nada, not until the promised repeal of DOMA (The Defense of Marriage Act) and DADT (‘Don’t ask don’t tell.’)   As selfish as it indeed is, not putting the rest of America’s ailments at the fore, I have little left but to succumb to my heaving gut.  How long are we the LGBT to continue to be victim of our own endeavors? Why are we not banding together and demanding our rights?  The time is NOW!   Are we going to breach the importance of this current synchronicity, yet again?   Who are our leaders? Where are they?  Are we going to continue to accept piece meal tokenistic crumbs? 

Gay, lesbian, bisexual and transgender citizens provided unconditional support to the Obama Campaign and probably would have done so regardless of any campaign promises. We worked avidly to get President Obama elected.  Now with the democrats in control and the promise of rights, we have become nothing more than a mere acknowledgment, with the only progress being the first recognition of our de facto existence. But what about our legal rights; we need leadership in the Senate and Congress where we are perceived as priorities rather than under the radar bats hovering between hell and hope, trying to sneak a few signals here and there and  lost hungry hounds gorging on scraps around the trash can.

 Look at us: Clinton, our President signed DOMA while we looked on and continued to provide our financial and electoral support to his administration.    Now what have we done played ourselves for fools again?  I would not be this angry but for the recent Department of Justice Brief , demonstrating that if we have homophobic legislation then we can expect homophobic behavior, by the government that enacted it; if you have discriminatory legislation then expect discrimination.  If President Obama does not find a way to immediately eradicate such legislation, then his administration is compelled to enforce it and for as long as that goes on the President is in effect endorsing the very legislation he promised to rid us of.

Marty Rouse, the Human Rights Campaign’s National Field Director, pulled his attendance from the DNC $1,000 a person gay fundraiser because   the Justice Department brief equated gay marriage to incest.

Picked up off the blog www.GayPolitics.com, Congresswoman Tammy Baldwin released a statement regarding the Justice Department’s filing in a DOMA case that brought condemnation from LGBT advocates:  “Last week the Department of Justice filed a motion to dismiss a lawsuit challenging the constitutionality of DOMA.  I was profoundly disappointed by this action, particularly coming from this administration.  I still take President Obama at his word that he is committed to the repeal of DOMA.  I also recognize that he cannot do it alone.  Congress has the responsibility on its shoulders to pass legislation that would give the opportunity to the President to keep his word and ensure that all married people, including those in same-sex marriages, enjoy the same rights under federal law.”

Congressman Jared Polis also stated his outrage at the language of the Justice Department in its filing in the case involving the 1996 Defense of Marriage Act.  The brief infuriated gay rights groups when it came to light late last week.  In a statement released this afternoon, the openly gay congressman stated:  “I was shocked and disappointed to learn that President Obama chose to defend DOMA in federal court, especially given his campaign promise to call for a full repeal of DOMA. My sadness turned to outrage when I read the Justice Department’s brief that not only defended this hurtful law but seemed to embrace it. Comparing my loving relationship with my partner, Marlon, to incest was unconscionable coming from a president who has called for change. …  Since this filing, I have called on the President to issue a statement or give any sign that would clarify his position and am disappointed in his lack of reply.”

The following day the President responded with what I perceive to be a slap-in-the-face-gesture, when he announced that he will be providing federal benefits to Lesbian and Gay federal employees (excluding medical benefits?- oh dear!) 

My further thoughts about this are clearly expressed in my blog at http://oblogdeeoblogda.wordpress.com/2009/06/16/i-do-not-work-for-the-federal-government-and/    where I remind the President that millions of us are NOT federal employees and that it is the duty in any event of an employer to provide benefits to employees and their families.  I remind the President that this does not touch on LGBT rights in the citizenry sense, but rather shows that he is a very nice employer.  But now its time to be a nice President, if you get my drift!

As I continue to receive letters from the Democratic party and my Senators and Move On Org, et al, asking for donations and my support of a myriad of issues, I have decided that no one, and no issues  (except LGBT) will get any support from me until I am treated with dignity by being given equality under the law of my Country.    I am asking for nothing more, nor anything special, only equality in every respect for me, my spouse and my children. 

I am doing this because the Democrats have a majority and we have a President who made promises and because I am entitled.  I believe that an administration looses its authenticity if it cannot perform its promises; and while I understand there may seem to be bigger and more important issues, what on earth can be bigger than civil rights?  If our administration cannot recognize its own citizens as equal then it has no place preaching human rights, family or democratic values to any other country.

When I heard Mr. Julian Bond (NAACP) testify at the UAFA hearings this month, where he asserted that LGBT equality is a CIVIL RIGHTS issue, I felt empowered and validated.   As silly as this may seem to some, especially to our President, there is a significant comparison between Apartheid in South Africa (1949-1990) – (I should know I practiced law there) – and Anti-gay measures in the USA.  

The fact that there are laws that EXCLUDE a group is institutionalized discrimination and that is prime in the definition of apartheid.   This occurs in the USA through DOMA and DADT, and the State enactment of proposition 8.   At no time should a legislature take away inherent rights, least of all amend a constitution that serves to protect the very rights being taken away by the amendment. 

Mr. President I do not have my basic civil rights, hence neither do my children.  I want the discriminatory laws of this Country to end.  I want federal law that applies to all Americans and their families; I want the opposite of DOMA, federal law that curbs discriminatory law in the different States. To say you will leave marriage to the States is a cop out.     In the same way that States cannot enact slavery, I expect States to be unable to enact exclusionary laws.  If Marriage it is a concomitant of civil law, it is an inherent right for any couple and if it cannot be utilized equally then it ought not to be at all.   This exposes the true essence of the difference between Church and State, for the only possible legitimate reason to thwart same-sex marriage would be on religious grounds. No matter what I do, I cannot become straight to earn my equality or acceptance of my family by the laws of this country. It must change and I demand my rights now! So I ask you not to send me any letters or requests for support about anything except about MY RIGHTS and the validation of my wife and our beautiful children.

Again I say and I will everyday until the repeal of DOMA and DADT -” Mr. President my name is Melanie and I am a real person and these are my children.

I am a real person and so are my kids

I listened to  Rachel Madow’s replays of Obama’s LGBT message yesterday.  While sad and disappointed I am hopeful. I once heard someone say, “half measures avail us of nothing..” or something like that.  That is how I feel about this token change by giving limited Federal benefits to LGBT.   

As I continue to receive letters from the Democratic party and my Senators and Move On Org, et al, asking for donations and my support of a myriad of issues, I have decided that no one , and no issues  (except LGBT) will get any support from me until I am treated with dignity by being given equality under the law of  my Country.    I am asking for nothing more, nor anything special, only equality in every respect for me, my spouse and my children. 

The fact that there are laws that EXCLUDE  a group is apartheid.   It occurs in the USA through DOMA, the Defense of marriage Act,  DADT, don’t ask dont tell; and PROP 8.   At no time should a legislature take away inherent  rights, and at the very least fail in some way to compensate, by special legislation in return.   This ought to be a priority and until it is,  I ask you all not to send me any letters or requests for support about anything except about MY RIGHTS and the validation of my wife and our beautiful children.

I do not work for the Federal government and

I do not work for the Federal government and neither do millions of lesbian and gay citizens! I do not understand why such a big deal is being made of Obama granting benefits to same sex couples who work for the federal government.  After all he is their employer. There are many employers who give same sex benefits through this Country.  So that is the least he can do.

This token offering is just that; it serves only to highlight what he has NOT done for all the LGBT community and a feeble attempt to avert our attention from the basic rights we deserve and are not pertaining to every level of our de facto existence.

President Obama promised to ditch DOMA; he mentioned civil unions; and what about DADT; Immigration? Short of attention and reform on these issues, I remain unimpressed, neglected and disappointed.

Having a democratic President essentially ignore the fact the we too are people with children and we are being discriminated against through legislation… is just unbelievable to me.  Look President Obama this is me Melanie and my baby girl!

IRAN

My dear Iranian friend  whose name I must withhold went to vote in California at the designated poll. The many Iranians voting felt that the day presented an opportunity for positive change in Iran. The excitement was evident. When my friend arrived he stood  awhile waiting to cast his vote and then to his dismay found out that there were no ballots available.  He was informed that there was a total of 1400 ballots in all of Northern California.  To my way of thinking this in itself represents cheating on the part of the incumbent Iranian government, whether intentional or negligent it represents probably tens of thousands of lost votes.   This is probably  a micro of the macro attitude.

DOMA – DECLARE OBAMA MISSING in ACTION

I just received an email addressed probably to all of President Obama’s supporters asking for support on health care.  I am not lending my suupport to anything until I get the promised repeal of DOMA.  As selfish as it sounds, I am sick of our community being taken for granted. Use us and then abuse us?  Look at Clinton signing DOMA.  Now what have we done played ourselves for fools again?  I would not be his angry but for the recent Department of  Justice Brief – see below.  If you have homophobic legislation then expect homphobic behavior by the government; if you have dsicriminatory legislation then expect discrimination. 

Since Julian Bond’s testimony at the UAFA hearings this month, I thought we would have some recognition beyond fruitless proclamations and shallow promises. Mr. Bond of the NAACP decalred in his historic statement to the Senate Judiciary Committee that gay rights are civil rights. Wake up Mr. President please… now you have to quicker expecially that your adninistration is perpetuating the perverse behavior that results from inequitous laws.

President Obama where are you?  This is very serious to the millions of us who voted for you. Now we feel forgotten AND mistreated by your administration. You really need to do something.  .

Marty Rouse, the Human Rights Campaign’s National Field Director, pulled his attendance from next week’s DNC $1,000 a person gay fundraiser, is the fundraiser effectively dead?  The White House’s homophobic DOMA brief  equated gay marriage to incest.

Per GayPolitics.com – Blog:

Congresswoman Tammy Baldwin released the following statement today regarding the Justice Department’s filing in a DOMA case that brought condemnation from LGBT advocates:

“Last week the Department of Justice filed a motion to dismiss a lawsuit challenging the constitutionality of DOMA.  I was profoundly disappointed by this action, particularly coming from this administration.  I still take President Obama at his word that he is committed to the repeal of DOMA.  I also recognize that he cannot do it alone.  Congress has the responsibility on its shoulders to pass legislation that would give the opportunity to the President to keep his word and ensure that all married people, including those in same-sex marriages, enjoy the same rights under federal law.”

Congressman Jared Polis today said he is outraged by language in a Justice Department filing in a case involving the 1996 Defense of Marriage Act.  The brief infuriated gay rights groups when it came to light late last week.  In a statement released this afternoon, the openly gay freshman characterized the filing as a serious error:

“I was shocked and disappointed to learn that President Obama chose to defend DOMA in federal court, especially given his campaign promise to call for a full repeal of DOMA. My sadness turned to outrage when I read the Justice Department’s brief that not only defended this hurtful law but seemed to embrace it. Comparing my loving relationship with my partner, Marlon, to incest was unconscionable coming from a president who has called for change…. Read further at  

Since this filing, I have called on the President to issue a statement or give any sign that would clarify his position and am disappointed in his lack of reply.”

www.gaypolitics.com

Shirley Tan will testify at California State Capital

Marriage is a right that demands equality

Pride Month:-

On the 28th June: I will march with Shirley Tan, Jay Mercado and the twins, albeit in a vehicle in the San Francisco Pride parade.  Shirley and family are the courageous heroes who gave up privacy for publicity and are marching at the invitation of OUT4IMMIGRATION, a volunteer organization working to change the laws for binational LGBT families.

I am also very proud to say that Rabbi Michael Lezak will lead the congregants of Rodef Sholom, Marin County in the SF Parade march, as he has been doing for many years.  This congregation is a great supporter of marriage and all equal rights for LGBT families.

On June 30th, I will be going to Sacramento with Shirley Tan and her family, to testify in favor of a California State Resolution supporting the passage of the Uniting American Families Act* which was re-introduced into Congress by Senator Leahy in February of this year.

*The Uniting American Families Act (UAFA, H.R. 1024, S. 424) is a U.S. bill to amend the Immigration and Nationality Act to eliminate discrimination in the Immigration Laws of the USA.

Instant Karma is gonna get you

Carrie, Miss California

Miss California, Carrie Prejean, who stirred up the world of straight pageantry when she said gays shouldn’t be allowed to marry, got the much worn word from the Donald on Wednesday, as he flipped his flop, ahem, and declared ”You’re fired!”  Unable to adhere to her contract, cited as  the reason for her firing, Ms. Prejean seems to care less as her spokesperson, Melany  Etheridge,  failed requests for comment.

Quote  “This was a decision based solely on contract violations, including Ms. Prejean’s unwillingness to make appearances on behalf of the Miss California USA organization,” the California pageant’s executive director, Keith Lewis, said in a statement.  Lewis had complained at a news conference last month that Prejean was skipping Miss California USA events while speaking out against gay marriage at unsanctioned appearances, which apparantly meant nothing to Trump at the time he blew his horn to the World at the gathering of Press where he announced Ms. Carrie Prejean would remain Ms. California. At that time, true to form, Donald kept her on board – ( for the only reason which )I heard- was because she is beautiful….  So after the complaints reached Trump, who owns Miss California USA’s parent organization, he decided to use press to toot her beauty and to give her a second chance keeping her on.  On Wednesday he changed his mind and sided with Lewis. Has he had another press conference to fire her? No I do not believe so!  He made a huge mistake when he alligned character to beauty and I believe he has no words to explain his bumble.  

“I told Carrie she needed to get back to work and honor her contract with the Miss California USA Organization and I gave her the opportunity to do so,” Trump said in a statement. “Unfortunately it just doesn’t look like it is going to happen.”

Where is National organization of marriage or whatever – her buddies ?   Surely she has not let them down too.

No thanks needed …the work goes on and our community thanks is our community’s help- Call your reps in support of Immigration Reform and UAFA!

Shirley, Jay & Melanie,  I wanted to drop you a quick note and thank you, so much, for joining us in Washington last week and for all of your amazing efforts on behalf of Immigration Equality.  The past week was the most momentous in our country’s history for binational couples, and you were all an instrumental part of making that success possible.  Our entire community owes you a debt of gratitude, and I am personally so thankful for all of your energy, dedication and hard work.  All of us at Immigration Equality are committed to winning this battle soon, so your families, and so many families like yours, can be together.  I cannot think of a more heinous practice than the government mandating who we can and cannot spend our lives with.  You have all been eloquent voices in battling that injustice, and because of your dedication, we’re closer than ever to succeeding.   Thank you, again, for your heroic work.  You really did help make history!  All my best,   Steve  Steve Ralls Director of Communications Immigration Equality www.immigrationequality.org

Press Conference Rep Mike Honda introduces Bill for Immigration Reform

A Press conference in D.C. on Thursday was attended by Shirley Tan and her family when Mike Honda introduced the  Reuniting Families Act. This legislation would, inter alia,  extend to “permanent partners” the same naturalization rights accorded to spouses under the bill, allowing gay and lesbian Americans to seek legal residency for their immigrant same-sex partners. Although designed as comprehensive reform, it would include the LBGT community. This would then in effect amount to a merger (if you will) or an absorption, more appro pro of the Uniting American Families Act.  I still have to be convinced that from the LGBT standpoint we have not sold ourselves short, due in part to the greater political debate and invalidation of our families by certain groups.  If that is the case though I hope UAFA will continue to stand on its own. I can do not better for now than to refer you to this SF Chronicle Article:

   Gays push for partner immigration rights by Matthew B. Stannard,Tyche Hendricks, Chronicle Staff Writer on Saturday, June 6, 2009.  http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/06/05/MNM8181S8O.DTL.   Clearly this does open a debate that we may have preferred not to have.   But who knows if this will be our make or break strategy? Time and perhaps more outreach and research will provide the answers.  Though many in exile who want to come home now woould probably prefer that they be included in strategies that impact their lives in the moment.  Rachel Tiven, of Immigration Equality explains her perspective in the article.  It would be interesting to know how the strategy was developed, and at whose behest.  Also I would be tempted to ask for a revelation of all the  players in this behind the scene negotiation, the conultants and the thinking that has got the LGBT community here.  I do believe that Rep Nadler who introduced UAFA in the House supports this Reuniting American families Act to include UAFA.

That said, at this point with very little information at hand,  all I can do is urge all to consider one word only when deciding whether or not to support this legislation- F A M I L Y..Can I spell it any clearer:  This is Family: 1. Old Parents. 2. Young Parents. 3. Children. $. Spouses. 5. Siblings…………………………   at the very least – What should not matter is race, gender, sexual orientation, country of birth, religion.  We should all have the same rights and that is what AMERICA purports to stand for. Yet we lag on so many different levels because our fellow citizens fail to acknowledge that very easy fact _ F A M I L Y- must be reunified and respected as such regardless of whether doing so increases carbon footprint, increases chances of fraud, or impnges on the religious belief and dogma.   Equality and family – that simple!  

Any immigrant rights group that has the audacity to state it will rule out comprehensive immigration reform if the LGBT community is included, is distancing itself from a very worthy ally.  The gay community has extensive grass root organization and gaining a lot of ground with its political representatives; there is money, there is organization and there is a pasison for civil rights and equality.   That said, how can such groups advocate for family and choose which family does or does not have in their respective estimation merit.  In this vein I refer to the outpouring of support from the Felipino community who came out in full support of Shirley Tan and her family, regardless of sexual oriebntation – they recognized that this is a F A M I L Y.    In supporting FAMILY leave your personal beliefs at the Court of G-d’s judgement and so be it.

Shirley Tan, Melanie Nathan, Jay Mercado leaving the PLaza D.C. For the hearing.

 

 Before we headed out to the Senate Judiciary Committee hearing. The Tan Mercado family was all spruced up and ready to testify. They were not nervous, just willing to take care of business. Shirley testified with a bravery rarely seen.

I met Shirley when she had mere weeks to her deportation and the moment I received the case I commented that I thought it would be the case that would “blow UAFA out of the water.”  I was right! Shirley’s extraordinary story brings with it the elements of family and brutality and every reason for compassion, clearly noted by Senator Feinstein’s verbiage in Private Bill # 867; however although this story has had this effect and this wonderful family has won our hearts, we cannot forget the people including  the broken couples with some in detention as we speak. who have nbo solutions, not even interim solutions like Shirley Tan.  It is critical for Gordon Stewart, Shirley Tan, Martha McDevitt-Pugh our American brothers and sisters who represent not only their own plights but the heartbreak of many thousands more of us in this situation.  Please call o your representatives to sign on for this legislation.  Tell them how important it is. Some legislators have not yet even heard of this bill.  

If you are in a State where a Senator has not signed as co-sponsor PLEASE write your enator and call on them  – also by phone to get this Bill passed.

The UAFA Hearings Behind the scenes

 

 

 

 

 

Jashley Jorienne contemplate their future. THis video cannot be copy used without permission.

 

 

 

But link here by all means.  

UniqueUAFA Pictures and video from hearings – keep eye open for more

Jashley after an emotional hearing. Senator Leahy took us all into his office to show us his beautiful children and grandkids.

Senator Jeff Sessions – it is more than words – UAFA reporting from D.C. Shirley Tan et al,

QUOTE: ANDREW SULLIVAN -”The premise of the marriage waiver – and of all immigration law in the US – is that tearing families or married couples apart should be avoided at all costs. But bi-national gay married couples now have to face exactly that choice between spouse and country that the US has always avoided. Why? Because our marriages are null and void for the federal government under DOMA. Because our very being is regarded as sub-human.”

Melanie Nathan reporting from D.C.
Yesterday in the UAFA hearings we had prepared for a nasty Senator Sessions (R-AL); the very scary post Arlen Specter Republican ranking GOP member of the Senate Judiciary Committee.  As Sessions take his place in the Sonia Sotomayor nomination hearings, I am sure his mind will jar back to the time when he too sat in the hot-seat, albeit for a lower Bench.  He was admonished by Senator Ted Kennedy at that time, for being a throwback to racist America when he made negative remarks about the NAACP.   (See Rachel Maddow’s exposure in the video clip below.) As luck would have it  Mr. Sessions, who has also seen fit to compare homosexuals to pedophiles,  had no choice but to take his seat next to Senator Leahy for the Uniting American Families Act Hearing this week, as ranking member of the GOP in the Senate Judiciary Committee.  

Sitting at his fore, facing him with a dignity that served as an omnipresent blow to the abilityof Mr. Session’s to hear testimony without prior judgment , was Mr. Julian Bond of the NAACP, who made it clear that from the NAACP standpoint UAFA embraced civil rights and was absolutely essential in providing the Lesbian and Gay community with equality under immigration law, whether incorporated into comprehensive immigration reform or whether it had to stand alone.  I can only imagine what was going through Jeff Session’s mind at that moment. Here he was surrounded by queers, blacks, liberals, Hispanics, immigrants, democrats – a fate worse than hell; his discomfort evident by his inability to acknowledge or thank anyone except Ms. Vaughan,  whose testimony was so lame that Senator Leahy had to end her rambling. Notable anti immigration of any kind, because according to Vaughan and the Numbers guy Beck, there will be too many footprints… good argument for denying equality to all Americans don’t you think?

So imagine when young Jorienne Tan- Mercado showed up at Senator Session’s office with his big question (see yesterday’s post) and when me the little liberal lesbian Jew from Marin County showed up to thank him for his work on the Judiciary committee that day, and then there were more of us in that group that almost blew the collective butts of the staffers from their chairs when we walked in, en′masse, led by a twelve year old Filipino kid.   We rocked the office and their world. It will never be as he knew it. The kids were so well behaved as were all the guests – polite and thankful notwithstanding the Senator’s snub earlier that morning.

What felt especially good was not my introductory comment to Sessions’ Deputy Chief Counsel Mr. Bradley F.  Hayes- pardon my cliché- when I announced “we are here to change hearts and minds.,..”  but the proud stance of our queer visibility in a way that showcased our peacefulness and goodness in a manner that belied their perception that we are mere numbers with too  many footprints, sitting behind a hearing microphone to be ignored and insulted.  And so just maybe soon those ambitious staffers may  ask themselves how much longer than can stay on the side of wrong and if they moved just a little to the left they too could be right…if you get my drift!

So Mr. Sessions, I suggest that when you judge and  grill Judge Sotomayor in the next weeks, remember your own words that you engraved into your historic record those words that will come back to haunt you over and over again, which, unlike Judge Sotomayor’s have no justifiable context. 

Senator Ted Kennedy: “Mr. Sessions is a throwback to a shameful era that we thought was in the past.  Inconceivable to me that a person of this attitude could be a Judge or even a US attorney. “  He is now tha ranking member of the committee that rejected him and we were one of his first victims!

http://blogs.tnr.com/tnr/blogs/the_plank/archive/2009/06/04/jeff-sessions-makes-children-cry.aspx

Quoting my earlier BLOG :  ”After the hearing and a light lunch we all went, by invitation to Senator Leahy’s office for a photo op- official Senate photographer and a chat.  He was charming, friendly and took us into his office to see pictures of his grandchildren.   After signing a batman movie poster for each of the boys, and our very grateful group decided to take time to lobby.  We decided we would go to as many Senators as possible to thank those who supported or co-sponsored UAFA and to question those who did not.” Melanie Nathan

Then the most remarkable occurrence,  Jorienne asked to if he could go to Senator Session’s office because he had a question he needed to ask. So we all trudged off to the very Senator who mere ours before had begrudged our existence or so it felt.   He was not in the office and so his chief immigration Counsel came and took us into the conference room to talk.  Jorienne blurted out his question: “ Please ask the Senator what my mom can do to stay with us if he does not think we should have UAFA.” Wow, 12 years old and he hit the spot – the Senator had ignored his family and he was demanding recognition.  As it turned out it was actually a productive discussion with the Staffer and we gained much by the experience.   Did anyone ever say kids were our best teachers? 

 

http://immigrationequality.org/blog/

New England wins marriage equality

Yet another major victory in New England: today New Hampshire’s governor signed marriage equality into law, making it the sixth state to allow loving same-sex couples to marry.

 

SHIRLEY TAN’S heartbreaking testimony

Senator Sessions, UAFA – a man about hate…..

Melanie Nathan reporting after UAFA hearing in Washington D.C.  June 03, 2009 – Testimony Julian Bond NAACP; Shirley Tan, Gordon Stewart  and Christopher Nugent, for UAFA and opposed are Vaughan and Beck mouthpieces for Senator Sessions and his anti immigrant sentiments.

The Senate Committee hearing room today was packed with press, staffers , young civil rights lawyers and most importantly a smattering of love  exiles, who flew in from abroad for the historic event. Too long ignored, these brave few have worked from the trenches trying desperately to have their stories heard.  Today the stories of thousands were embedded in the moving and powerful testimony of Shirley Tan, a housewife from Pacifica who could face deportation Families Act and Gordon Stewart, an executive with Pfizer, who has been forced out of the US into exile and can never come home with his husband until passage of the Uniting American Families Act.

The futile testimony of the opposing GOP witnesses fell flat on its meritless belly, with its inability to acknowledge the desperate plight of Shirley and Gordon and their respective families.  Senator Sessions sat stone faced through Shirley’s testimony and completely ignored her as if she was not there. Had I not been sitting in the front row, to witness this offensive parody I doubt I would have believed the the extent of the invalidation.

In a nutshell the GOP argument was:

1. There are too many immigrants – let us not provide for more;
2. If we give these people the right t petition for their permanent partners, we are ignoring DOMA, the ban on marriage, and in essence we are giving the gays marriage rights; and
3. If we allow gays to sponsor each other then we are opening the door to more fraud.

This fell so flat that one exile in the audience, my friend, Martha McDevitt –Pugh commented that the GOP testimony and comments of Senator Jeff Sessions (R-AL) were so futile that it “didn’t even bug me.”

When Shirley Tan testified, one of her sons,  Jashley broke down sobbing, the trigger being Shirley’s account of her detention when she was handcuffed like a criminal in a way she has only ever seen on TV. Shirley said all she could do was think about her family, Jay and the boys and her ailing mother-in-law. She cried. “who would take care of them?”  

Senator Leahy was visibly moved and stopped the hearing to offer Jashley a room to go to if he was too upset. But Jashley was going to stick by mom at all costs, even his sobbing would not take him away.

I am going to add pictures and report more. There is much out there about the extraordinary day.  Senator Schummer, Senator Specter, Congress Reps Nadler and  Congresswoman Jackie Speier all made moving and supportive presentations.  It was so stunning, especially Specter’s support, that I wanted to freeze frame the moment to place into eternity as if this would be the sensibility of all.

JAshley with senator leahy after the hearing

After the hearing and a light lunch we all went, by invitation to Senator Leahy’s office for a photo op- official Senate photographer and a chat.  He was charming, friendly and took us into his office to see pictures of his grandchildren.   After signing a batman movie poster for each of the boys, and our very grateful group decided to take time to lobby.  We decided we would go to as many Senators as possible to thank those who supported or co-sponsored UAFA and to question those who did not.

Then the most remarkable occurrence,  Jorienne asked to if he could go to Senator Session’s office because he had a question he needed to ask the Senator.  So we trudged off to the very Senator who mere hours before had begrudged our existence  as he invalidated Shirley and her family, with his blatant and flagrant  failure to greet them. His ommission served  as a metaphore to deny all de facto recognition of an entire LGBT community.   Sessions  snubbed this perfect family from Pacifica.  The Tan-Mercado presence and predicament, according to Sessions, was simply not worth a greeting.  

I agreed to accompany the children to Session’s office. When we all walked in the staffers could have fallen flat on their backs with surprise.  We were the last people on earth they would have expected to show up. I announced that we were there because the twins wanted to ask the Senator a questions.  He was not in the office and so his Chief Counsel attended to us instead.  He was most hospitable and I could detect a sense of embarrasement (maybe wishful thinking.) In the conference room Jorienne blurted his question: “ If  Senator Sessions is against UAFA , please ask him what we can do to save my mom to keep her at home with us? Wow,  the room fell silent and I was stunned by the  paradox; the  simplicity attributed to a complex problem. It took a twelve year old to hit the spot – the Senator had ignored his family and he was demanding recognition.  As it turned out it was actually a productive discussion with the Staffer and we gained much by the experience.   Did anyone ever say kids were our best teachers?  In updating this article we have waited for 8 weeks with no response from the Senator. We will write the question and send it to the Senator c/o Bradley.

Senator Jeff Sessions is a hateful bigot – his behavior today was nothing short of disgusting. I never heard it myself but I was told by staffers at the hearing that Sessions remarked that Jashley’s uncontrollable upset at his Mom’s trauma was nothing about histrionics”.  This man has no heart and is an embarrassment to this Country and the Senate, not to mention Alabama.   Now that I have been privy to the video below I am blown away by the irony of his standing on the Senate Judiciary committee – that this piece of garbage has any power over my being at all.  Wait to end to hear what Sen Edward Kennedy had to say about him.