Tom Richardson
and Salvador Valenzuela first marked their commitment to
each other with a city domestic partnership in Seattle. When
Massachusetts became the first U.S. state to allow same-sex
marriage, they married there, and hyphenated their
last names.
Now back in
Washington state, the Richardson-Valenzuelas plan to
register for a state domestic partnership, taking
advantage of a new state law giving same-sex couples
some of the benefits that married heterosexual couples
have.
The only problem
is that by doing so, they risk getting Salvador, who is
from Mexico, deported, because registering could jeopardize
the temporary tourist visa he uses to enter the United
States
The U.S. has a
patchwork of same-sex marriage laws, with only
Massachusetts allowing same-sex marriage, and a handful of
other states recognizing civil unions or domestic
partnerships. Civil unions and same-sex marriage are
unrecognized at the federal level, which means
Valenzuala cannot get legal resident status through a
domestic partnership or a marriage.
''It's really
important for our relationship to be recognized,'' said Tom
Richardson-Valenzuela, who said they both realize that the
immigration laws may catch up with them. ''We are a
legitimate couple. If we have to leave the United
States, as much as we don't want to leave the country,
we will.''
Gay and lesbian
advocacy groups are urging couples like the
Richardson-Valenzuelas to think twice before registering.
Couples where one or both members are foreign
nationals are at risk if they acknowledge their
relationships.
''Be very, very
careful and seek legal advice before seeking a domestic
partnership,'' said Lara Schwartz, the legal director for
the Human Rights Campaign in Washington, D.C.
Because
immigration law does not recognize same-sex couples, an
American citizen would not be able to sponsor his or
her partner if he or she is on a temporary visa, and
in some cases registering for a domestic partnership
could jeopardize a foreign national's status.
The new state
law, which will take effect on Monday, creates a domestic
partnership registry with the state, and will provide
enhanced rights for same-sex couples, including
hospital visitation rights, the ability to authorize
autopsies and organ donations and inheritance rights when
there is no will.
The new domestic
partnership law ''is a huge step for marriage equality
in the state,'' said Connie Watts, executive director of
Equal Rights Washington. ''But as you start looking at
it closely you'll see we have a long way to go.''
Watts said that
because immigration law is a federal issue there is
nothing that a state law can do to change these couples'
situations.
''When it comes
to gay and lesbian issues, change is coming at the state
level,'' said state Sen. Ed Murray, sponsor of the domestic
partnership law and one of five openly gay lawmakers
in the state Legislature.
About 4 percent
of the gay and lesbian couples in the state of Washington
-- at least 700 couples -- include one foreign
national, according to a 2004 report prepared for
Immigration Equality, a New York-based advocacy group.
Schwartz said
that most temporary visas are granted after applicants
promise they intend to return to their home countries.
''Once you enter
into a legal partnership, be it a marriage or domestic
partnership, you have really undermined that statement,''
she said.
Tom
Richardson-Valenzuela said they were fully aware of the
risks to Salvador's visa status -- he travels
regularly to the United States on a tourist visa
-- when they registered for the Seattle domestic
partnership, and again when they married in 2005.
But because their
marriage is not recognized in Washington state, they
want to register as domestic partners in order to get some
of the rights and benefits that they would get if they
were still in Massachusetts.
''I can't tell
you how important that is,'' he said.
To be registered,
couples must share a home, not be married or in a
domestic relationship with someone else, and be at least 18.
The new law takes
effect a year after the state Supreme Court upheld
Washington's ban on same-sex marriage in a 5-4 decision,
ruling that state lawmakers were justified in passing
the 1998 Defense of Marriage Act, which restricts
marriage to unions between a man and woman.
Several other
states have approved either civil unions or domestic
partnerships for same-sex couples, including Connecticut,
Vermont, New Hampshire, New Jersey, Maine, California
and Oregon. Hawaii extends certain spousal rights to
same-sex couples and cohabiting heterosexual pairs.
(Rachel La Corte, AP)
