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Lesbian Mom and Partner of 23 Years to be departedFiled Under: Uncategorized

Same sex partner of 23 years deported because marriage is not recognized

On Friday, April 2, Shirley Tan of San Mateo, CA, is scheduled to be deported back to the Philippines, leaving behind her life partner, Jaylynn “Jay” Mercado, and their twin 12-year-old sons. Tan and Mercado were married in San Francisco in 2004, but their marriage was voided by the state. Even if their marriage were still valid on the state level, the federal Defense of Marriage Act would prevent Mercado from sponsoring her partner of 23 years. If Tan and Mercado were opposite sex, Tan could legally stay in the country.

Rep. Jerrold Nadler (D-NY) and Sen. Patrick Leahy (D-VT) introduced the Uniting American Families Act into Congress last month. The bill would allow Americans in a same-sex relationship to sponsor their “permanent partners” for legal residency in the United States. Last week, the White House issued a statement about the Uniting American Families Act, saying “[President Obama] thinks Americans with partners from other countries should not be faced with a painful choice between staying with their partner or staying in their country.”

Approximately 37,000 couples in the U.S. face circumstances similar to those of Tan and Mercado. It is doubtful that any legislation will be passed before the Friday deadline for Tan’s deportation. Immigration Equality Executive Director Rachel B. Tiven said, “We are hopeful their members of Congress will introduce a private bill that would spare their twin boys and the boys’ grandmother from having the country they love tear their family apart.”