SOUTH AFRICA EXTENDS IMMIGRATION RIGHTS TO SAME-SEX COUPLES

In early December, South Africa became the thirteenth country to recognize same sex partners for immigration purposes.  The other countries are Australia, Belgium, Canada, Denmark, Finland, France, Iceland, the Netherlands, New Zealand, Norway, Sweden and the United Kingdom.  In some countries same-sex relationships are given the same status as a marriage for immigration, while in others the immigration rights are enforced on a more informal basis.  Most countries require one of the partners to be a citizen or permanent resident.

While sexual orientation has been the basis for some successful asylum claims, current US law denies same-sex couples immigration rights.  Moreover, other federal laws allow both the federal government and the states to discriminate against homosexual relationships, even if the relationship has been legally recognized.  For example, the Vermont State Supreme Court recently ruled that the state constitution prohibited discrimination on the basis of sexual orientation.  Because of this decision, Vermont may begin allowing same-sex marriages.  While legal and recognized in Vermont, federal law allows these marriages to be ignored by other states and by the federal government.

According to the Lesbian and Gay Immigration Rights Task Force, an advocacy group, during the next few months Congressman Jerrold Nadler (D-NY) will be introducing a bill that would recognize same-sex partnerships under US immigration law.

< Back | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.