Sheltering and Discriminating: Homosexuality and Immigration Law in the United States

Author: Claire O’Sullivan, JD 2010

Abstract: Noting that America’s relationship with homosexuality is defined by a willingness to tolerate homosexuality (to an extent) but an unwillingness to view homosexuals as actual equals, as demonstrated by Wendy Brown, this paper argues that the interplay between three phenomena – the exclusion of the same-sex partners of Americans, the right of asylum for persecuted homosexuals, and the proposed Uniting American Families Act – demonstrates that the distinction America seeks to draw between tolerance and the granting of full equal rights, while politically useful, is at least partly false when applied to immigration laws. The paper puts forth the Uniting American Families Act as an example of the difficulty of expanding homosexual rights in America under a regime that is prepared to offer tolerance but not equality.

Full Article: Sheltering and Discriminating: Homosexuality and Immigration Law in the United States

Subjects: Immigration, International Law, Marriage Equality, Sexual Harassment