REPORT: Many Same-Sex Couples Impacted By Immigration Laws

The Williams Institute at UCLA Law School has released a report entitled "Same-Sex Couples and Immigration in the United States" by Craig Konnoth and Gary Gates.

An excerpt from the Executive Summary of the report highlights the fascinating details about the diversity of same-sex couples impacted by unfair immigration laws (and the Defense of Marriage Act) in the United States.

As of 2010,  nearly  79,200 same-sex couples living in the United States include at least one partner who iscurrently not a U.S citizen or was naturalized as a citizen.  Of the nearly 650,000 same-sex couples in the US:
 4.4% or 28,574 are binational couples (one partner is a U.S. citizen and one is not)
 1.8% or 11,442 are dual non-citizen couples
 6.1% or 39,176 are dual citizen couples with at least one naturalized partner 

Under U.S. immigration policy, a citizen may obtain permanent residence for their non-citizen different-sex spouse, and expedited citizenship for a resident, different-sex spouse. Permanent residents may also petition for permanent resident status for their different-sex spouses.   However, these options are not extended to same-sex couples, even if they are married or are in civil unions or registered domestic partnerships.  Currently none of the estimated 40,000 binational and dual non-citizen same-sex couples in US are eligible to use  the immigration mechanisms available to different-sex spouses.


[...]


  Additional findings from the analyses include:

 California ranks first in the total number of binational same-sex couples.  A quarter of them (7,115) live in the state.  California is followed by New York (3,695), Florida (2,545), Texas (1,607), and Illinois (1,596).
 Mexico is the country of birth for a quarter of non-citizens in binational same-sex couples.  Canada, the second highest country of origin, is home to 8% of the non-citizen partners, followed by the United Kingdom at 6%.
 More than two-thirds of binational same-sex couples (69%) are male.
 A third of binational couples (33%) are inter-racial/ethnic.
 Forty-five percent of non-citizens in binational same-sex couples are Latino or Latina, while 14% are Asian/Pacific Islander.  Just over a third (36%) are White.  Among citizens in same-sex binational couples, a third (33%) are Latino or Latina while 54% are White and 7% are Asian/Pacific Islander.  AfricanAmericans comprise just 3% of both groups.
 A quarter of male binational couples and 39% of female binational couples are raising an estimated 17,000 children.  Rates of childrearing are even higher among non-citizen same-sex couples. More than half (52%) of male non-citizen couples and nearly two-thirds (64%) of non-citizen female couples are raising more than 7,700 children.
 Citizens in binational same-sex couples have higher median income levels than their non-citizen partners.  However, the non-citizen partners in binational couples have median incomes that are substantially higher than non-citizens with non-citizen partners.
 Almost two-thirds of binational same-sex couples own their home.  They are more than twice as likely to be home owners as dual non-citizen same-sex couples (30%).
 The vast majority of same-sex partners in binational couples speak English “well” or “very well”.   Among citizens in binational couples, 93% report a very good command of English compared to 81% of their non-citizen partners.
 More than 40% of citizens and non-citizens in same-sex binational couples have a college degree.
 Non-citizens in binational same-sex couples evidence low rates of unemployment at just 2%.  Nearly 8% of citizens in binational same-sex couples say they are unemployed.  

Immigration Equality is the premier national LGBT organization advocating for and assisting same-sex couples impacted by federal immigration policies. (MadProfessah has served on the board of the organization since November 2008).

Interestingly, the estimate of 28,574 is more precise but also smaller than the previous estimate of 36,000 binational couples in the United States but the 40,016 couples who are negatively impacted by current immigration law is slightly higher. MadProfessah is a naturalized citizen from the island-nation of Grenada, and Sentient Meat is a "natural born citizen" so we would be classified in the 6.1% of all U.S. same-sex couples who are both citizens where one partner is naturalized.

Williams Institute Estimates 581,300 U.S. Same-Sex Couples

Yesterday was an historic day in which the United States Senate held a hearing on a pro-LGBT piece of legislation, the Respect for Marriages Act, which would repeal the so-called Defense of Marriage Act (DOMA).

The Williams Institute at UCLA Law School, an LGBT public policy think tank, submitted written testimony for the hearing.

Included in the testimony are the following findings from Williams Institute research  about same-sex couples:

• There are 581,300 same-sex couples in the United States, including 50,000 to 80,000 legally married same-sex and another 85,000 who are in civil unions or registered domestic partnerships.

• Approximately 20% of same-sex couples are raising nearly 250,000 children.

• Almost one-fourth of same-sex partners are people of color.

• Over 7% of individuals in same-sex couples are veterans of the U.S. armed forces.

• Same-sex couples live in every congressional district and in almost every county in the United States.

In addition, the testimony summarizes Williams Institute research documenting a number of ways that DOMA results in legal, financial, social, and psychological hardships for many same-sex couples and their families.  These include:

• Family Medical Leave Act (FMLA) Benefits.  Nearly 430,000 same-sex partners remain barred from taking leave to care for a same-sex spouse under the FMLA, even if they marry.

• Benefits for Spouses of Federal Employees.  The same-sex spouses and partners of over 30,000 federal employees are ineligible for important benefits available to different-sex married spouses.

• Veteran Partner Benefits.  Same-sex spouses and partners of nearly 68,000 veterans are barred from a variety of benefits including pensions, educational assistance, and vocational training available to different-sex spouses.

• Taxation of Employee Health Benefits for a Same-Sex Spouse.  When private employers offer health insurance to same-sex spouses and domestic partners, federal law taxes these benefits. Approximately 41,000 employees with a same-sex spouse or domestic partner pay, on average, over $1,000 more in taxes per year than an employee receiving the same health benefits for a different-sex spouse.

• Spousal Impoverishment Protections for Medicaid Long Term Care (LTC).  Medicaid LTC beneficiaries may have to use some of their spouse’s income and assets to pay for LTC. Federal law requires states to allow different-sex spouses to retain income and assets to protect them from destitution. However, about 1,700-3,000 individuals whose same-sex spouses or partners receive Medicaid-financed LTC are not protected by these spousal impoverishment provisions.

• Estate Tax.  Over the next two years, members of same-sex couples who will pay the federal estate tax, will pay, on average, more than $4 million more than a survivor of a different-sex spouse because they do not qualify for the federal estate tax spousal exemption.

• Social Security Survivor Benefits.  Unlike different-sex spouses, same-sex spouses cannot continue receiving their spouse’s social security payments after their spouse’s death. This results in a loss, on average, of over $5,700 for a same-sex spouse that receives lower social security payments than the deceased spouse. 

• Immigration for Bi-National Couples.  Nearly 26,000 same-sex couples in the United States are bi-national couples who could be forced to separate because they cannot participate in green-card and accelerated citizenship mechanisms offered to non-citizen spouses of American citizens. 

• Social Stigma.  Research shows that laws such as DOMA produce stigma that has serious adverse impacts on the health of LGBT people by causing stress and disease. A Williams Institute survey of people married to a same-sex spouse in Massachusetts found that couples gain social support from their families and have a greater level of mutual commitment when they are allowed to marry.  

The Williams Institute testimony concludes that DOMA has also impaired the ability of researchers to assess its impact on same-sex couples and their families. Although the U.S. Census Bureau has begun to reevaluate its policy of not counting married same-sex couples as such, a legacy of DOMAis evident in a general resistance on the part of federal statistical agencies to collect detailed, accurate, and reliable data on same-sex couples and their families. This means that, in spite of the efforts of the Institute, policy debates on laws like DOMA have too often been driven as much by anecdote and stereotype as by sound social science research and facts.

It's great that we can get the factual and actual impact of anti-LGBT public policy like DOMA in to the Congressional Record so that this will increase the momentum to pass legislation to end the discrimination. Apparently all 10 members of the Senate Judiciary Committee support repealing DOMA, so they could vote to move it to the Senate floor, where it will almost certainly be killed by a Republican filibuster.