Couple In DOMA Case Does Not Want To Be Forced To Leave Newtown

By John Voket

Just hours after they joined a federal lawsuit April 2, Newtowners Kelli Ryan and Lucy Truman, a native of the United Kingdom, said they love living in Newtown and America, and do not want to be forced to leave because of a provision lacking in the federal Defense of Marriage Act (DOMA).

The law currently prevents lesbian and gay American citizens from sponsoring their spouses for green cards. The lawsuit, filed on behalf of the Newtown residents and four other couples by Immigration Equality and the law firm of Paul, Weiss, Rifkind, Wharton & Garrison LLP, alleges that DOMA violates the couples’ constitutional right to equal protection.

Ms Ryan and Ms Truman have been together for more than 11 years and entered into a civil union in July 2006. After Connecticut law changed to permit same-sex couples to marry, the local couple wed in Newtown during a March 2010 ceremony.

Two years and ten days later, on March 27, Ms Ryan’s federal appeal to recognize Ms Truman as an “immediate relative” of a United States citizen was denied. Had the federal government permitted that official recognition, the American spouse — Ms Ryan — would have been permitted to petition for an immigrant visa for the foreign spouse, placing Ms Truman on a path to lawful permanent residence and citizenship

The couple said one of their greatest frustrations was being denied the immigration rights afforded to other similarly situated binational couples. Were the plaintiffs opposite-sex couples, the suit says, “the federal government would recognize the foreign spouse.”

Ms Truman said she and Ms Ryan had a long history with the Immigration Equality movement leading up the events that transpired this week.

Heroes, Or Not

The pair admitted that this high profile case could make them heroes in the eyes of some, while acknowledging there will be others who disagree with what they and their colleagues in the suit are fighting for.

“That’s something we really had to consider before we jumped into this — making our lives very public,” Ms Ryan said.

Both said they were deeply concerned when the government rejected the request to permit Ms Ryan’s sponsorship of her legal spouse solely on the basis of a same sex relationship.

Ms Truman said six opening points in the suit that reference DOMA speak for themselves. A copy of the lawsuit can be seen at www.immigrationequality.org/wp-content/uploads/2012/04/12cv1578-Complaint.pdf .

“There’s also an element of actual gender discrimination — the only difference between my form, if I was a boy and was married to Kelli, was I would have checked the box for ‘male.’ But because we both checked the box ‘female,’ that immediately, because of DOMA, stopped me from being [regarded] as any other straight family would be,” Ms Truman said.

“We truly feel it is truly discriminatory, as do all the other couples in similar situations who feel it very acutely,” Ms Ryan added. “And since we find ourselves in this unfortunate position, we feel we need to speak up on behalf of ourselves and those who cannot.”

The Newtown couple has not met the others involved the suit, but they did meet another gay couple in Connecticut who had to make the ultimate choice when faced with a similar situation.

“Sadly, one couple we met had to move back to the Czech Republic, because they would be separated over this issue,” Ms Truman said. “And we know other couples in Connecticut who have children, and who do not want to be part of this very public lawsuit. So we feel we are representing a lot of couples in Connecticut.”

‘A Constant Threat’

Ms Truman said the idea that she and her spouse could be forced into separating is “a constant threat” they both have to live with every day.

“Kelli and I want to make our home in Sandy Hook,” she said. “I have to rely on a work visa, and I’m lucky to be employed by Yale. I can’t imagine how it must be for somebody whose job is on the line — never knowing when you’ll be sent back.”

Her visa expires in June 2013.

“We would love to put down our roots here, we love it here, but we can only look six months to a year ahead,” Ms Truman said. “And if I don’t get a [contract] renewal, or something, I will have to be deported.”

Ms Ryan said if their legal action is unsuccessful, Lucy could still receive a green card based on outlining her professional merits, her work in immunology, and her special qualifications as a scientist.

“But it’s a very high standard and there is no guarantee she would get it through that application,” Ms Ryan said.

“I think I have a good shot at it, but it is limited to a very few people,” Ms Truman said. “The point is this is a civil rights issue challenging DOMA. But whether we’re in the UK or here, we’re taking this on as representatives of the people.

“There are a surprising lot of people who have to live separately, with one spouse living abroad. I don’t want to be in breach of any immigration law, so if it comes to that next year, I’ll have to go back,” she said. “We want to stay. We have great jobs and Connecticut and Newtown is a great place for us.”

Ms Truman said that one of the most important things she wants to do here in Newtown is plant a tree in memory of Kelli’s mother, who passed away recently.

“But we can’t even do that because we don’t know that we’ll have to up and leave,” she said. “There is this constant sense of being unsure about the future. Not feeling we can stay in one place. If somebody loses their job, that’s terrible. But if you lose your job and have to be deported and separated even temporarily from the person you love, that’s a whole different issue.

“We just want to be together,” Ms Truman said. “And we want that to be in Sandy Hook.”