John Kerry – a good man.
Surely if she faces prison and torture and or death if she is deported she can apply for asylum? At least in a civilized country she can…
In the US, if a person applies for asylum, they must do so within a year of arriving first in the US, or have an explanation for why they did not. In this case, presumably the woman has been both Christian and a lesbian for a long time. If so, then it is very unlikely she would succeed on an untimely asylum claim. Also, a person who fails an asylum claim is deported, so it is a very risky thing to do. The immigration advantage to the remedy they seek (delaying adjudication until the court overturns DOMA) means that she would be eligible for temporary work and travel authorization the entire time the application is pending. The difference is huge. It will be very interesting to see if they get it. (There is also a case pending on appeal in their federal circuit overturning DOMA for immigration purposes, so the wait might not be so long for them.) I have several immigration clients who could file similarly.
A civilised country would have equal rights for all married people.
Forgive me for being a little cynical (and believe me when I say that I’d like to believe that John Kerry is doing this with the best of intentions) but I wonder if the situation would be different if the couple were not Christian.
I applaud John Kerry for his support of this couple (and hopefully others unnamed) Unfortunately there is a major insult to any same sex marriage in the US, in that if the Obama administration says that DOMA is unconstitutional… why does it say out of the other side of it’s mouth that Federal Government does not recognize same sex marriage? Time for this policy to change!
Implying one thing is unconstitutional, and then saying out of ignorance “we don’t recognize” is hypocritical… time to get on the same page!
….This is Massachusetts, probably the most liberal and socially conscious State in the Union, and whose politicians really do reflect the demographic, even the Republicans to a greater degree than Republicans in the rest of the country.. John Kerry is a RC and as far as I know is still practicing, but I seriously doubt that his faith has any bearing on why he is helping this lady. The man is a very liberal Democrat, and he reflects the Bay State admirably…..
Lets hope his letter get the attention it deserves! I now have a new found respect for this man