INQUIRER Global Nation

CALIFORNIA, United States?Tim, a Filipino immigrant to the United States, and his long-time partner John met through a mutual friend. They have been living together as a couple.

When San Francisco allowed same-sex marriages in 2008, Tim and John decided to marry in a civil ceremony. They had a grand reception with hundreds of their close friends and relatives in attendance.

18,000 gay couples

One month into the marriage, in November 2008, a referendum was held in California banning same-sex marriages. The ban is known as Proposition 8. It passed the California voters by a very small margin. The California Supreme Court upheld the validity of Proposition 8, which bans all future same-sex marriages.

But same-sex marriages like that of John and Tim that were solemnized prior to the November 2008 referendum are still recognized as valid by the California Supreme Court. Theirs is one of the 18,000 same-sex marriages solemnized in California before the ban.

But the decision of the California Supreme Court has posed some practical problems. It affects only California law and has no effect whatsoever in the 49 other states. While it may be invalid in California, there is nothing to prevent a resident from going to another state where same-sex marriage is valid.

Up to the Supreme Court

Thus, a case filed before the US federal court (not a California court) is expected to go all the way to the US Supreme Court. The validity of Proposition 8 is being questioned based on the principle of equal protection of the laws under the US Constitution.

The decision will determine whether same-sex unions are protected by the constitutional guarantee of equal protection. It will necessarily have a far wider implication than the cases brought before individual state courts as the interpretation of the US Constitution affects all 50 states, not just individual states.

Since their marriage, Tim and John have been benefiting from their relationship. They are enjoying the same legal rights and benefits provided to married heterosexual couples. Among them are employment benefits, property rights, and tax breaks.

If the US Supreme Court upholds the validity of same-sex marriages, then all gay and lesbian couples in the US will also stand to benefit from the ruling.

To date, there are four states that recognize same-sex marriages?Massachusetts, Connecticut, Iowa, and Vermont. Until Proposition 8 came along in November 2008, California was one of them.

Gays and lesbians in California argue Proposition 8 is a civil rights issue. On the other side, the conservatives and the religious right support the ban.

Barack Obama claims that he supports civil unions but is against gay marriages.

?Although I try not to have my religious beliefs dominate or determine my political views, tradition and my religious beliefs say that marriage is something sanctified between a man and a woman,? he was quoted as saying.

Immigration benefits

Filipino-Americans are likewise divided on the issue. In San Francisco, there are more liberal Filipinos. Quite a number of gay Filipino immigrants have married their partners.

Many still hold the belief that marriage is a right and to revoke this right is unconstitutional. To many in the gay and lesbian community, the ban on same-sex marriage is nothing more than prejudice against a ?disfavored group of citizens.?

There are at least two ways in which gay or lesbian partners may obtain immigration benefits. The first one is in obtaining a B-2 visa to accompany a cohabiting partner who has a long-term non-immigrant visa. These long-term non-immigrant visa categories include ?A? (diplomatic visa), ?F?/?J?/?M? (student visa), ?E? (investor visa), ?H? (working visa), ?L? (intra-company transferee visa).

If a cohabiting partner is given any of these long-term non-immigrant visas to live or work in the US, the gay or lesbian partner may be issued a B-2 visa and also be allowed to stay for an extended period of time in the US under pertinent regulations contained in Department of State Foreign Affairs Manual.

Conservative justices

Another one given to lesbians, gays, bisexuals, and transgenders is the immigrant visa based on political asylum. But these are isolated cases granted to Filipino immigrants.

It is important to note that while there are some states that do recognize same-sex marriages, federal laws do not confer the same benefit to same-sex couples as they do to heterosexual partners. Hence, a US citizen or green cardholder may not petition for his/her gay or lesbian partner because of existing legislation that defines marriages, for purposes of federal law, as something between a ?man and a woman.?

Are we ready?

While the issue is projected to reach the US Supreme Court, there are reservations on whether the conservative justices will be sympathetic to this issue. The highest priest of the Catholic Church describes these marriages as a ?threat to creation? and strongly objects to its legalization.

But for individuals and common persons like Tim and John, it is all about their constitutional rights to equal protection free of discrimination. They are simply two people in love, claiming their right to enjoy the same benefits and privileges as heterosexual couples.

For them, it is a civil rights issue. Are we ready to recognize this as such?