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August 10, 2011

U.S. to Deport Husband of Gay Man With AIDS

Citing the Defense of Marriage Act, the Obama administration has denied immigration benefits to a married gay couple from San Francisco, the San Francisco Chronicle reports. Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. Makk is the primary caregiver to Wells, who has AIDS. The couple, who have lived together 19 years, recently received notice that Makk had to leave the United States by August 25. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples. 

To read the Chronicle article, click here.

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  comments 1 - 15 (of 17 total)     next > >>

Norm Edwards, Vancouver Canada, 2011-09-30 11:19:33
Australia will accept these men. I am poz and they did finally allow me permanent residence after a five year process involving an appeal to the immigration tribunal with the help of an immigration lawyer.The stress of waiting was difficult to deal with.The doctors, tests and medications were all covered during the process. Good luck guys!

Jason, Amsterdam, Netherlands, 2011-09-23 11:05:40
Is he being deported because of his interest to apply for federal benefits or because he has AIDS? My understanding as per article is that he is not being deported for having AIDS, just for seeking benefits. If he chooses not to apply for benefits will he be able to stay in US?

Lee, Phnom Pehn, 2011-09-14 03:20:09
The Obama Administration using the Defense of Marriage Act to deport someone? Is this a gay issue, an immigrant issue or an HIV/AIDS issue? Or D, all of the above. Those are three marginalized groups which Obama has on various occasions promised to help. What a joke. Obama, you should know that I have a direct say in how you are perceived by the people of the country where I country reside. Best start acting like you deserve that office, I voted for you, after all...

Jason, Detroit, 2011-09-02 21:38:53
I would not be considered a Gay Rights Activist by anyone in that knows me. However, I feel like that Gay people should be allowed to enjoy the same rights as heterosexual people. I think that it is wrong that this person must move out of the country to be with their loved one, because of some words on a piece of paper. It is already hard enough living with this virus. Why make it any hard on them. Hopefully things will change one day.

Sylvester Wager, New York, NY, 2011-08-30 21:37:04
I'm emotionally fragile, especially right now. It's helpful, because when I see crude injustice, I just start to cry. I can imagine how painful it would feel to have The United States of America invalidate my entire life - and imply that my husband and I are outlaws. Emails on the floor will do nothing. Send real Letters. Then we march. Then do whatever the next step must be to reach our objective. We are a peaceful people, and we are being set up for self destruction by invalidation.

Rob C, New York, 2011-08-30 13:54:31
The couple is Still married and it is not illegal to be in a same sex marriage in CA, so the gambling analogy isn't correct. The Full Faith & Credit Clause of the US Constitution says that a state must give full faith & credit to laws of a sister state. DOMA says that doesn't have to happen, which is why DOMA is unconstitutional, but it will take a Supreme Court case to strike it down unless Congress repeals it. The Obama could refuse to enforce it, but lacks the political courage.

Frederick Wright, southern california, 2011-08-30 08:43:18
Just Me, if that was the case concerning Legal Marriage in Massachuetts then just move back to Massachuetts for these gentlemen. That is not the only issues look closly, Very simple problem in an Old story called surplus labor and no one from the White House to Your House wants to adress imigration reform honesty. Yes we have a economic problem where surplus labor in the 10 percent and in part because of cheap labor exploted by us Americans and the unjust distribution of wealth, an old story.

In The News, Houston, 2011-08-22 17:37:24
With documented proof of a relationship they should both be able to go to the AU. I guess Makk had has never gone through the proper channels to becoming a US Citizen. The marrige issue unfortunately is irrelevant.

Just Me, Atlanta, 2011-08-14 11:23:46
The men are married in Massachusetts, but not in San Francisco (Same-sex marriage is non-transferable). They have moved out of their jurisdiction and are out of the protection of their State's (Massachusetts)intervention. In SF, they are just two gay men living together, one American, the other a Foreigner and are subject to treatment as such. It's similiar to gambling outside of Nevada, it is illegal, but if one stays in Nevada, he gambles without worry. It's just the way it is.

Gerry, New York, 2011-08-12 11:37:01
The INS is simply following the administrations example/directive. They have said that while they will not defend it they believe that it should be enforced. In what may be a sign of hope on Tuesday evening the office of Nancy Pelosi had indicated they would personally do everything possible to intervene on the behalf of her constituents. At least there is someone in Washington who is willing to stand up for what they believe.

Randy, Sparks, NV, 2011-08-11 19:18:07
Aozo, I completely understand your frustration. The article reads Obama Administration. I sincerely question if President Obama is even aware of this particular situation or if it's just BUREAUCRATIC BS in the office of Immigration Services.

aozo, Seattle, 2011-08-11 17:13:49
I respectfully disagree with you, Randy. Obama bashing is an entirely appropriate response. His behavior since taking office is nearly the opposite of what he claimed he would do. Obama says he doesn't like DOMA, yet he (again) hides behind that ugly law in an effort to win points with Republigoons.

Perhaps both Wells and Makk should move to Australia. Gay marriage is likely going to become national law there soon anyway.

lala, H'burg, MS, 2011-08-11 13:53:11
Can't the couple just apply for marriage even with Makk not being an American citizen? I assume that if he lived in the country this long, nationalization should be granted to him as being Well's caregiver and caretaker.

Daitoku, PHILADELPHIA, 2011-08-11 12:00:46
Couldn't we all send emails to Obama asking that he not allow this to happen? It may not work, but it would flood the white house email, and at least cause them to take notice.

dbeck, Texas, 2011-08-11 10:29:32
Together 19 years and NOW he has to go back?!? They are a great example of what a couple of any orientation should be, shame on the gov't!!

comments 1 - 15 (of 17 total)     next > >>

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