U.S. Homeland Security May Permit Gay Couples to Go Through Customs Together

Categories: Queer Town

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San Ysidro, gay rights capital of SoCal?
It's not as infamous a gay-rights fight as marriage or hospital visitation, but discrimination against same-sex couples at our nation's border crossings can be just as offensive and cumbersome.

As it stands, gay couples must file separate Customs forms when re-entering America. If they have children together, the process can become especially complex.

But now, reports Instinct Magazine, U.S. Homeland Security may be heading toward reform:

The notoriously stiff-upper-lipped department has proposed that the definition of "members of a family residing in one household" be expanded to include same-sex couples.

Well, sort of. The proposal spends a hilarious amount of time circumventing the progressive social stance at its core, sort of trying to define gay marriage by listing everything it's not. Quite a ridiculous dance:

CBP is proposing to include foster children, stepchildren, halfsiblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship within the definition of "members of a family residing in one household." CBP also is proposing that the definition include two adult individuals in a committed relationship wherein the partners share financial assets and obligations, and are not married to, or a partner of, anyone else, including, but not limited to, long-time companions, and couples in civil unions or domestic partnerships. This NPRM proposes to add these relationships to the definition of "members of a family residing in one household" and refer to them as "domestic relationships." The proposed term "domestic relationship" would not extend to roommates or other cohabitants not otherwise meeting the above definition. Additionally, the proposed changes would not alter the residency requirements that, in order to file a family declaration, members of a family residing in one household must live together in one household at their last permanent residence and intend to live together in one household after their arrival in the United States.

Officials also argue that the reason for this change is not to make life fair/easy for same-sex couples, but instead to "reduce the amount of paperwork" and "facilitate passenger processing" on the feds' end.

So, yeah -- the proposal doesn't exactly read like a Prop. 8 screenplay.

But it's better than nothing. The proposal admits that LGBT partners have been taking a financial hit for traveling separately (though certainly not by choice), and says this reform will allow "the aggregation of duty allowances" on all the crap they bring back to America.

Because everyone deserves to pay the same for their wormy TJ tequila at the San Ysidro border crossing. Amen.

[@simone_electra / swilson@laweekly.com / @LAWeeklyNews]

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Stu Harrison
Stu Harrison

Most Immigration and Customs officers already allow gay couples to go through together, simply because it speeds up the process. You might get asked something like,"What is the nature of your relationship?". If yiu answer with something like "we are married" or we are spouses or domestic partners or in a civil union, they move on to the next question. Seems to me that the change is really about the documentation involved, which is arcane and ambiguous.

David Ross
David Ross

I've experienced both, but primarily requiring us to go separately.  Although that is now our default, as we don't want the hassle of having to explain.As a Canadian citizen and a common-law spouse, I've been questioned.  But Canadian customs is pretty clear now that as long as we are living at the same address, it's clear.  Plus there is no difference in customs allowances between individuals and families - it is all done individually.

I guess I need to put up more of a stink at customs.  It just would suck to miss my vacation trip because of it.  :-(

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