Loving Couple Has 3 Days Before US Tears Them Apart

by Tom Basgil Jr. · 2011-08-23 09:36:00 UTC
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Imagine that you have two options: 1. End your life early with your true love, or 2. Live longer without your better half.

After more than 19 years with his spouse, Bradford Wells is being forced to make such a decision. His husband, Australian citizen Anthony John Makk, has only three more days to legally live in the United States. If Bradford and Anthony were in a “traditional” marriage, U.S. Citizenship and Immigration Services would bend over backward to keep the couple together. Unfortunately for them, and 26,000 other same-gender, bi-national couples in the US, the Defense of Marriage Act (DOMA) bars federal recognition of same-gender marriages. USCIS must abide by a discriminatory law that the Obama administration refuses to defend.

Bradford and Anthony have been married for 7 years, one of the first gay couples to marry in the US after Massachusetts legalized marriage equality. In the eyes of the federal government, however, they are little more than glorified roommates.

Bradford is also suffering from AIDS complications. Anthony is his caregiver but Bradford cannot move to Australia because of his health. Without his US health insurance and the care of his husband, Bradford’s prognosis is grim. Not only is their relationship in jeopardy due to discrimination and bigotry, Bradford’s very health hangs in the balance.

The couple pays joint taxes like a heterosexual married couple but do not receive any of the benefits. “We have all the responsibilities, do the penalty parts of marriage, but then when it gets to the same benefits, we’re told no, you don’t qualify. The government has decided they don’t like who I marry. For the federal government to say this isn’t a marriage – it’s degrading,” says Bradford.

A directive from President Obama allows Immigration and Customs Enforcement attorneys the option not to seek deportation for certain individuals. Just recently, Janet Napolitano, Secretary of the Department of Homeland Security ordered a review of all pending deportation cases. This has allowed some same-gender, bi-national couples to stay together. For Bradford and Anthony to take advantage of these steps, Anthony will have to allow his visa to expire, making him an undocumented immigrant. Although this is an option, the couple prefers to follow the law.

Don’t let the US tear Bradford and Anthony’s marriage apart - sign Matthew Mackey’s petition.

Photo Credit: SF Weekly Blogs

Tom Basgil Jr. is a queer activist living in New York City.

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