San Jose (CA) Representative Mike Honda has introduced the Reuniting Families Act to allow the permanent partners of same-sex couples the same naturalization rights current law gives to married couples of the opposite sex - and it's about time. But he is running into the traditional circular reasoning that characterizes the debate over same-sex couples: some people just don't believe they're part of one another's family, and then ignore laws that recognize their relationships.
Jessica Vaughan, director of policy studies at the Center for Immigration Studies, states the public policy difficulty: "Our whole immigration system is based on documents," she said -- documents like a marriage certificate. Without that, how can immigration officials know who is or is not a member of someone's family and who is trying to defraud the government?
That is a legitimate question - but it has an answer today for same-sex couples that it used to lack: getting married. Those who ignore history are doomed to repeat it, and this key part of the debate over Honda's bill is not a new one.
The fight over including same-sex couples within the definition of "family" got its national debut when the Carter administration convened its White House Conference on the Family in 1978. Carter soon found himself in the middle of a fight because gay rights advocates joined with others to rename it the White House Conference on Families. At the time, the formal definition of "family" was people related to one another by blood, marriage or adoption, none of which included, or reasonably could include same-sex couples. Use of the plural would avoid a complete exclusion of same-sex couples from the discussion. But the emerging religious right fought the proposed nomenclature. . . and lost. It is a loss they never got over.
Today, there are plenty of same-sex couples who have a marriage certificate. Many more have documentation from their states showing they are domestic partners or have a civil union. And that's not counting the ones whose employers provide them with domestic partner benefits and have the documentation to prove it. And some of them include a partner who could take advantage of U.S. law that applies to spouses -- but for DOMA.
It is clear that some religious groups oppose Honda's bill for its inclusion of same-sex couples. Rev. Samuel Rodriguez, president of the National Hispanic Christian Leadership Conference, calls the gay issue "a death knell" for the bill, definitively adding, "We won't support legislation - period - that includes the Honda same-sex component." But that's no longer because people aren't sure same-sex couples are one another's family, it's because folks like Rev. Rodriguez would rather have no legislation at all than a bill that treats same-sex couples like human beings.