Vt.’s Leahy withdraws amendment to immigration bill on gay partners

Senator Patrick Leahy’s decision is the latest setback for gay-rights laws.
Senator Patrick Leahy’s decision is the latest setback for gay-rights laws.

WASHINGTON — It was “with a heavy heart” that Senator Patrick Leahy, the Vermont Democrat, said he was withdrawing his amendment that would have allowed gay Americans to bring their foreign partners into the country as part of the immigration overhaul that passed through the Senate Judiciary Committee earlier this week.

Leahy’s decision marked the latest in a series of setbacks for gay-rights legislation on the national level.

It came at a time when gay rights seems to be advancing; 53 percent of Americans said in a recent Gallup Poll that they support gay marriage, and 11 states and the District of Columbia have passed laws to allow it.


But Tuesday’s action demonstrates how gay-rights activists continue to face significant hurdles when specific measures are proposed on Capitol Hill.

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The amendment would have granted citizenship to any immigrant who could prove to be in a monogamous, financially interdependent relationship with an American citizen.

There are currently 28,574 same-sex couples living in United States, including 1,215 in Massachusetts, in which one partner is a United States citizen and the other is not, according to a study by Craig Konnoth and Gary Gates of the Williams Institute at the University of California, Los Angeles.

Republicans called the amendment a “poison pill” and threatened to sink more than 300 amendments introduced to the bill, which includes a pathway to citizenship for undocumented immigrants already in the United States.

Senator Lindsey Graham, a Republican member of the bipartisan “Gang of 8” who brokered the bill, said in an interview that he could not sell immigration reform to his constituents in South Carolina if it included gay rights.


Graham also said it would “fracture the coalition” of immigration reform advocates in the faith-based community.

“Every emotional, tough issue has a certain amount of market. That would be beyond what the market would bear,” Graham said about the immigration measure for same-sex couples.

Faith-based groups that typically support immigration measures were also split by the amendment. The Rev. Clete Kiley, a Catholic, said introducing the same-sex couples amendment into the immigration bill would cause him to pull his support.

“I say this as a Catholic priest, that it’s another way to try to define marriage. And I ask, ‘Is that helpful in this particular part?’ ” said Kiley.

Senator Chuck Schumer of New York took to his Facebook page after the decision to withdraw the amendment to express his regret, saying it was “one of the most trying days in my 30-plus years in public office.”


“I know that this provides little comfort,” Schumer wrote. “But I want you supporters of this amendment to know, I will be here and ready to work with you to advance the cause of legal equality. This is far from the last battle.”

Gay advocacy groups are pressuring Leahy to bring the amendment up as a stand-alone bill when the Senate begins floor debates on immigration next month, but advocates said the chance of passing a bill like it is slim when not included in a broader package.

The Associated Press reported that President Obama asked Leahy to withhold the amendment from the broader immigration bill, but neither Leahy nor White House spokesman Jay Carney would confirm that the conversation took place.

Despite the setbacks, gay rights activists remain hopeful that the tide will soon change in their favor.