FRONTIERS & FEINSTEIN

LA's Frontiers magazine discusses some relevant issues with California Senator Diane Feinstein.

Topics ranged from DOMA and Proposition 8 to the new battle, preventing gay binational couples from being deported.

Frontiers noted that binational couples are closely monitoring the DOMA repeal, since in many cases that right is what keeps straight binational couples together and orders the deportation of gays. Frontiers told Feinstein about the deportation hearing that Doug and Alex, who live in Cathedral City, are facing on July 13. Frontiers asked if Feinstein might be willing to advocate for suspending or halting deportations while the DOMA repeal bill—which Feinstein and the Obama administration agree is unconstitutional—makes its way through Congress.

“I’ve never been asked that question before. I very much doubt it because it’s a whole different set of laws, and there I would be accused of really giving preference because—let’s say there was somebody in a straight marriage that was where the gay couple are—and the same thing would apply to them. They would be deported, regardless of the marriage. I really think it’s a bit of apples and oranges,” Feinstein said.

Frontiers pressed a bit, trying to explain that for gay binational couples, the issue was precisely one of inequality because of DOMA. But Feinstein seemed to link the DOMA issue with the larger battle over immigration reform.

“There are straight binational couples, too. And one could be eligible for deportation,” she said. “I don’t know what the circumstances would be, but it’s certainly possible. I don’t want to argue with you here. I didn’t know you were going to ask this question. I’m happy to take a look at it. I have my hands very full with where we are now, and if we get just this bill through, it’s an enormous victory. And I’m not eager to complicate the situation.”


SAME-SEX MARRIAGE HAS A BETTER OPPORTUNITY OF PASSING AT A STATE LEVEL THAN A FEDERAL ONE:

Given the opportunity to speak directly to people about DOMA, Feinstein said she would tell them, “Issues of family and marriage are virtually all done by state law, not federal law. The Defense of Marriage Act, known as DOMA, essentially said, OK, even if a state says you can go ahead with a same-sex marriage, those individuals cannot have any of the federal benefits. And the list of federal benefits [include] joint federal income taxes, certain deductions, spousal benefits under Social Security, unpaid leave under the Family and Medical Leave Act if a loved one falls ill and the protections of the estate tax when one spouse passes and wants to leave his or her possessions to another. Those are federal laws that are essentially cancelled under DOMA.

“So if you strike DOMA,” she continued, “these basic rights come back to individuals whose states have passed laws legalizing same-sex marriage. I think people have to know that. We’re not giving anybody anything special that any other married couple doesn’t get. But what we are doing is taking out a prohibition.”