Houstonian Says His Gay Marriage Should Prevent Deportation
KHOU has an interesting story about a gay Houstonian who is arguing that his marriage to a U.S. citizen should prevent his deportation.
Normally a no-brainer, but in this case the marriage is between two guys who tied the knot in California.
The man's name wasn't publicized, but he's being represented by the partner of longtime gay-rights lawyer Mitchell Katine, so he'll at least get his argument made as best it can.
The man came to California on a tourist visa in 2003 and eventually fell in love.
As has happened before, true love ran afoul of codes and regulations, and he admittedly overstayed his visa. It was discovered at a checkpoint in San Diego as he was moving to Houston, and deportation proceedings began.
[The man] argues his same-sex marriage should allow him to apply for a green card just like any heterosexual couple.
"We're not asking for anything different," he said. "We're not asking to be treated different. We're asking to be treated equally."
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It's a decent argument, but a longshot, probably. Texas, of course, doesn't recognize no gay-marryin' that might have been done in pinko communist states, and new ground would have to be broken in federal deportation law to have gay marriage be treated equally with straight marriage.
A federal judge in San Francisco has delayed a deportation under similar circumstances, but again, that's San Francisco.
Still, if a bold new legal precedent is to be made, there's a chance it could come from a Houston case. Put that together with the sodomy case Lawrence v. Texas, and we'd be the go-to city for gay rights.
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