Maggie’s Flip-Flop on Immigration and Baiting of the Latino Community

NOM's Maggie Gallagher

In case you haven’t heard or are living under a rock, a couple weeks ago the National Organization for Marriage found themselves in hot water following the release of some internal documents.

The NOM papers, which had been released as part of a court agreement in Maine revealed some rather atrocious plans to divide the LGBT, African American and Latino communities. I don’t need to rehash the story here, but if you haven’t read about it, you can check it out here, here and in the New York Times.

I want to focus for a second though on one of the divisions NOM tried to make. In the released papers, NOM states:

“The Latino vote in America is a key swing vote, and will be so even more so in the future, both because of demographic growth and inherent uncertainty: Will the process of assimilation to the dominant Anglo culture lead Hispanics to abandon traditional family values?” the document asks. “We must interrupt this process of assimilation by making support for marriage a key badge of Latino identity – a symbol of resistance to inappropriate assimilation.”

Maggie Gallagher, former President and Chairman of the the board for NOM more than likely helped craft much of this messaging. So I thought I’d do a little research into Maggie’s stance on immigration. At first I was really pleasantly surprised by a 1995 column written by Maggie. It was titled “America’s Meltdown Can’t be Blamed on Immigrants.” Of course, this is from 1995, before immigration was such a hot-button issue. In the column, she acknowledges her own status as a 2nd generation American and even goes on to mention how the post-60s immigration wave helped her “snag a husband.”

“Immigration is an easy scapegoat for our own cultural meltdown, our failure to maintain and transmit to our children a unified and vigorous vision of American history, institutions and heritage. Our system of government is under assault and our way of life threatened by ignorance, crime and social disorder. But grind immigration to a total halt, and you’ve done nothing about this real cancer eating away at the heart of American civilization.

The fault… lies not in our immigrants but in ourselves.”

Me…dumbfounded. Did Maggie just write something I agree with and goes utterly against her own party’s platform? Did she really just use our own pro-immigration argument to say that our country’s history and very founding depended on immigration? Wait…no. She didn’t “just” say it. She said it in 1995.

Upon further Googling, I find Maggie’s column from 10 years later, after George W. Bush, (her former employer) made immigration a “thing.” Maggie has clearly changed her tune and taken on the mantle of a racist, “illegals” hater.

“For me, personally, illegal Mexican immigration means that when a foot of snow falls, two nice guys show up and offer to shovel the driveway for $25.

But for my friend “Mary,” the whole issue looks different. She cleans houses and baby-sits for a living. Her son paints houses. In both cases, they are competing directly with a new flood of immigrants who don’t mind living doubled or quadrupled up (changing the character of neighborhoods) and for whom $10 bucks an hour is a premium wage.”

Happily though, Maggie’s opinions and her organization’s racist tactics don’t seem to be making much of a difference. According to a poll released yesterday from Pew Hispanic Center, Latinos support LGBT equality by a number of 59% to 30% who oppose it. Another takeaway from the study is that 3 out of 10 Latinos consider themselves “liberal,” compared to just 21% of the general population.

LGBT equality should not be a Republican or Democratic issue as all people should share in the equality offered by our Constitution. Immigration is similar in that our country is a country made up entirely of immigrants. Outside of indigenous peoples, we all came from another country…not so long ago in the grand scheme of things. It is utterly hypocritical of Americans to be anti-immigration.

GOP Triples Funding for Anti-Gay DOMA Defense

House Speaker John Boehner

While we don’t generally discuss how the government spends our money here at Talk About Equality, this seems a bit pertinent.

While the country continues along the road to further debt crisis, and while thousands are occupying Wall Street to demand changes to how big corporations do business, the Republicans have tripled the amount the government is spending to keep gay and lesbian couples apart.

DOMA has lost in federal court cases no fewer than 14 times, while the Department of Justice has spent millions in legal fees trying to fight to keep it. Earlier this year, after yet another blow to the constitutionality of the statute, Obama’s Department of Justice has decided to stop defending it. Within moments, John Boehner and House Republicans decided to take up the mantle of defending traditional marriage from the horrors of gays and lesbians being afforded the same rights as heterosexuals.

As there are dozens of court challenges to DOMA in the works, the cost of defending it isn’t cheap. California Republican Rep. Dan Lungren signed off on a change order to the contract with outside counsel Paul Clement, who is handling the defense of the anti-gay 1996 Defense of Marriage Act (DOMA). It allows Clement’s fees to triple to $1.5 million.

John Boehner and other House Republicans decided that after Obama refused to continueHouse Republicans, if you recall, decided that since the Justice Department and President Obama refused earlier this year to defend DOMA (calling the statute unconstitutional), Republicans would hire outside counsel to do so. The proliferation of court cases ensured this outsourced defense would get expensive. DOMA is expected to arrive at the Supreme Court within a couple of years. With same-sex marriage now legal in six states and the District of Columbia, DOMA conflicts are blossoming in areas of tax law, immigration law, Social Security and the like.

House minority leader Nancy Pelosi, has urged the Department of Homeland Security to take same-sex families into consideration in deportation cases. Her constituents,Bradford Wells and Anthony John Makk are in Washington today, beginning a round of visits with congressional offices to highlight their case. They are married, gay and bi-national: Makk is a citizen of Australia who has been denied spousal immigration rights.

Pelosi today issued this statement on the GOP contract:

“It is absolutely unconscionable that Speaker Boehner is tripling the cost for his legal boondoggle to defend the indefensible Defense of Marriage Act. At a time when Americans are hurting and job creation should be the top priority, it just shows how out of touch House Republicans have become that they would spend up to $1.5 million dollars to defend discrimination in our country.”

 

Fox News’ Van Susteren Defends Married Binational Gay Couple

Bradford Wells and his husband Anthony John Makk (photo by Noah Berger, Special to the SF Chronicle)

We posted the other day about the tragic story of Bradford Wells and Anthony John Makk, a binational couple being split up by our federal government. Makk, an Australian citizen has been with his American husband for 19 years. This week, the Obama administration made the decision to deport Makk who was legally married to Wells in Massachusetts in 2004.

In addition to being legally married, Makk is Wells’ primary caregiver through his AIDS treatment. Their heartbreaking story is making the rounds on the internet and was featured on CNN:

http://youtu.be/tgPV8pw05nk

And in this storytelling and sharing of the couple’s life, minds and hearts are being changed. Coming from an unlikely source, Fox News’ Greta Van Susteren took to her blog defending the couple in a post titled: “THIS IS CONFUSING: PRESIDENT OBAMA SENDING MIXED SIGNALS TO GAY AMERICANS”

One other personal, not legal, observation…these two men have been together 19 years….do you have any idea how many phoney applications are made by heterosexual foreigners who come to the USA, find a spouse (sometimes money is exchanged), marrying, getting a green card and then divorcing? It is a racket. We sure don’t try and stop those fraudulent relationships/marriages with any vigor. These two men, whether you are for or against, gay marriage, have been together 19 years (and yes, paying taxes!)

Of course the blog post is just a veiled attempt to attack President Obama and vilify him to the LGBT community, but the substance of it is clearly in support of protecting our rights. Minds can change so long as we continue to talk about equality.

UPDATE: After a little research, it seems Greta is talking out both sides of her mouth (which would be an accomplishment as she usually only uses one side). Greta invited John Boehner onto her show back in March to discuss Obama’s decision to stop defending DOMA in court. In the interview, she clearly sides with Boehner and claims that Boehner (in defending DOMA) is “doing the job that the Executive branch won’t do.” So this is just another case of someone using the LGBT rights movement as a political football. Either she believes that this couple should not be separated or she believes that DOMA should be the law of the land. Talk about mixed messages…

US Gov’t Rips Man Away From AIDS-afflicted Spouse

Bradford Wells and his husband Anthony John Makk (photo by Noah Berger, Special to the SF Chronicle)

After some legal wins in the cases of bi-national gay and lesbian couples, this devastating story comes out of San Francisco.

The San Francisco Chronicle reports on Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia. The two were legally married in Massachusetts seven years ago and have lived together 19 years, primarily in San Fran’s Castro District.

On July 26th, the Obama administration made the decision to rip the couple apart and send Makk out of the country, citing the discriminatory Defense of Marriage Act. Makk must leave the country by August 25th.

What makes this story even more heartbreaking and cruel is that Wells is suffering from AIDS and his husband is his primary caregiver. Wells told the SF Chronicle:

“I’m married just like any other married person in this country,” Wells said. “At this point, the government can come in and take my husband and deport him. It’s infuriating. It’s upsetting. I have no power, no right to keep my husband in this country. I love this country, I live here, I pay taxes and I have no right to share my home with the person I married.”

As we reported here at the end of June, the deportation case of Henry Valendia was dismissed following a series of questions asked by Attorney General Holder regarding another deportation case. Those questions were the reason Holder vacated an earlier decision to separate a family by deportation.

Unfortunately, the judge in the case of the Wells-Makk family did not see the Obama administration’s decision to no longer defend DOMA as reason enough to stop this injustice. Please read the entire heartbreaking story at the San Francisco Chronicle.

Deportation Proceedings Dismissed in Same-Sex Marriage Immigration Case

Josh Vandiver (photo by Jamie McGonnigal, EqualityPhotography.com)

With marriage equality now a reality in New York, our next step is securing more state victories while at the same time – overturning the so-called Defense of Marriage Act (DOMA). As we discussed here recently, there have been several challenges to the constitutionality of DOMA, including now 14 federal court cases finding the law to be unconstitutional.

Another battle which is loosening the Jenga pieces under this bigoted piece of legislation is the fight for immigration rights by bi-national couples. One such case that we’ve covered is that of Henry Valendia and Josh Vandiver, a legally married couple residing in New Jersey. Under DOMA, Valendia, a Venezuelan national, was denied legal residency.

Last month, AG Holder vacated a decision made by the Board of Immigration Appeals (BIA). He followed up with four questions to the board:

In the exercise of my review authority under that regulation, and upon consideration of the record in this case, I direct that the order of the Board be vacated and that this matter be remanded to the Board to make such findings as may be necessary to determine whether and how the constitutionality of DOMA is presented in this case, including, but not limited to: 1) whether respondent’s same-sex partnership or civil union qualifies him to be considered a “spouse” under New Jersey law; 2) whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act; 3) what, if any, impact the timing of respondent’s civil union should have on his request for that discretionary relief; and 4) whether, if he had a “qualifying relative,” the respondent would be able to satisfy the exceptional and unusual hardship requirement for cancellation of removal.

While there is no news as to any answers received by AG Holder, some incredible news came to the Valencia-Vandiver family yesterday in the form of a dismissal by Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, and arm of the Homeland Security Department. The judge granted the motion to close the case on June 13th and the couple’s lawyer, Lavi Soloway received official copy of the order yesterday. While the decision was confirmed, no further information on future similar immigration cases was given.

According to the New York Times, Mr. Valendia said: “I can start breathing now after so many months of fighting. I was holding my breath for fear of any moment being sent away.” he continued by saying the decision was a “big step forward” but did not address the continued problem of whether federal recognition of marriage equality would become a reality. “The fight isn’t over.” Valendia said.

Congratulations to the Valendia-Vandiver family and thank you for the work you’ve done in advancing equality.

Evan Wolfson, Founder and President of Freedom to Marry also commented on the government’s decision to dismiss these proceedings:

“Freedom to Marry applauds the U.S. government for bringing anend to this deportation process, which threatened to cruelly separate a couple who, like so many others, fell in love, made a lifetime commitment to one another, and got married – but because they are gay, were denied the normal family immigration protections afforded other married couples.  While this exercise of sound government discretion is most welcome, Josh and Henry, along with so many other families, should not be vulnerable to the unfair treatment or uncertainty caused by federal marriage discrimination against same-sex couples.  It is time for Congress to pass the Respect for Marriage Act, which would repeal the so-called Defense of Marriage Act and end the hardship and unfairness that burden the lives of loving and committed couples.”

Moses Mworenko, Ugandan Immigrant Wins US Asylum

Kushaba Moses Mworenko (photo by Jamie McGonnigal, EqualityPhotography.com)

We are thrilled to report that our friend, Kushaba Moses Mworenko – a gay Ugandan immigrant, has won his asylum to the United States.

We met Moses last summer when he marched with us as part of the Take Back Pride campaign in Washington, D.C.. Moses has had many twists and turns over the past two years in trying to win his right to live in America.

From Alison Gardner at Venus Plus X:

After many twists and turns since early 2010 that included a 6-month stint in San Francisco that resulted in Homeland Security terminating the case and forcing the Arlington, VA, asylum office to reverse its decision in favor of Moses. This was to take only 3 weeks from the judge’s order on January 1, 2011, and took nearly 5 months, but the day finally arrived this week. Moses thanks all of you for your support over the last 18 months that helped make this all possible.

Moses continues to work valiantly on behalf of the LGBT and HIV+ community in Uganda, and surely will be able to accomplish more now that his case has been settled. Moses’ continually updated Global Sexual Freedom Annotated Bibliography remains available to anyone who needs a quick education on the challenges we face to bring about equal rights for all sexual minorities, here and abroad. Moses is also helping Get Equal, VenusPlusX, and other organizations to expose members of congress aligned with groups such as “The Family” (active in 192 countries) who are fomenting hatred and erasure of LGBT and HIV+ plus people everywhere, at American taxpayers expense.

Many thanks to all those who helped expedite Moses’ case. We are very lucky to have someone like him fighting on our behalf – here and in Uganda.

Dan Massey & Allison Gardner are seeking donations of any size for Moses’ certification as a home health aid, something he can start right away so he can work while he seeks employment more appropriate to his education and experience. Please send your contribution, if you can, to Moses c/o Massey and Gardner, 1700 Kalorama Road NW #502, Washington, DC, 20009.

Congrats Moses!