Paul Wilson Dorman, 50, a gay undocumented Irishman originally from Newtownards, Co. Down who is living in New Jersey with his long term civil partner, had a deportation order against him suspended by U.S. Attorney General Eric Holder last Thursday.
Dorman, who has been in a long-term relationship with John Paul Frederick, Jr., 48, since 1997, was flagged for deportation when he was waiting to meet his son, who is a minor, at the airport. A member of ground staff became suspicious of Dorman’s immigration status and reported him to the authorities, Dorman’s attorney told the Irish Voice.
On Thursday Holder sent Dorman’s case back to the Immigration Appeals Court, asking it to carefully consider the possible grounds on which the Irishman might qualify for legal residency.
Dorman is legally married to a U.S. citizen through a 2009 civil union in New Jersey, but he still had his application for legal residency denied because the federal Defense of Marriage of Act (DOMA) defines marriage as only between a man and a woman, refusing to recognize same-sex marriage.
Had Dorman been heterosexual and married to a woman his application for a visa would have been granted. U.S. immigration law does not recognize same sex marriages with regards to granting immigration benefits.
For Dorman it all comes down to this -- does he have a legal spouse? It’s a simple question with a surprising number of potential answers.
The answer is yes, if he was married in Connecticut for example. It is also yes if he had a civil union inNew Jersey or in any other state that permits gay unions. But then the Defense of Marriage Act (DOMA) kicks in.
“New Jersey law is very clear on this and says if you have a civil union in New Jersey you are considered to have a spouse,” Dorman’s attorney Nicholas J. Mundy told the Irish Voice.
“But DOMA is also very clear on this issue and it says that a spouse can only be someone of the opposite sex. That’s the argument between opposing opinions that’s being played out.
“Marriage has always been delegated to the states unless and until the federal government steps in and trumps it. That’s what happened with DOMA.”
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READ MORE:
Deportation of gay illegal Irishman stopped by Obama administration
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Returning the case to the Board of Appeals, Holder asked the court to clarify whether or not -- absentDOMA -- Dorman’s civil union qualifies him as a legal spouse under the Immigration and Naturalization Act.
“For the attorney general to ask the court to clarify this issue, in the wake of declaring DOMA unconstitutional, means that the time has come to resolve this,” says Mundy. “It’s sending an unmistakable message to Congress and the courts to make a change.”
Mundy believes that the groundswell in support of equal treatment for gay unions is unstoppable.
“You have to win the battles in order to win the war. I think we’ve just won a battle. Naturally we would have preferred to have seen the attorney general direct the Board of Appeals on how to answer these questions, but that would have been too much too soon for the GOP perhaps,” he said.
Thursday’s suspension is a read between the lines decision by Holder, Mundy suggests, and the best decision that he could have hoped for. “If the attorney general has made a strong commitment to enforce
DOMA then why ask the Board of Immigration Appeals to determine whether or not he would be considered a spouse under federal immigration law, but for DOMA?”
The next step in Dorman’s case will occur in July, when the Board of Appeals is expected to rule on whether to deport Dorman or not.
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Switch to the desktop site to post a comment.olovely | May 12, 2011, 12:31 PM EDT
The LAW says is you marry an American you are LEGALLY entitled to citizenship. By ALL means, let's follow the LAW.
rpmschevy | May 12, 2011, 02:07 AM EDT
How about he obeys the LAW? What a concept folks. How about thinking about those of us DORMAN who followed the law. I had to. I had to be separated from my family while we went through the process. Why doesn't DORMAN follow the law for once in the past couple decades. And Cahir how about writing an article about us who follow the law? Why don't you respond if you are so intelligent you could come up with a response to all my points about the rule of law. But you cannot because to you, you want inequality don't you.
jamthecat | May 12, 2011, 12:07 AM EDT
There's no law that says you have to argue the case for an unjust law. DAs and Attorneys General do it all the time. Nothing new about it. So give that crap a rest.
julygirl09 | May 11, 2011, 07:50 PM EDT
We have terroists and other hate groups trying to shoot us or blow us up, and you pick on two men obviously in love. PRIORITIES PEOPLE!
SteveMD2 | May 11, 2011, 05:53 PM EDT
BTW, congratulations to Ireland on putting in civil unions for gay people.. and with polls showing that 70% of the people support marriage equality for gays folks, that is only a year or two away. Maybe its got something to do with the church of the Godfather of endless hidden molestation. In Ireland, the christian brothers, a catholic group, used orphans and reform school kids as slaves, making religiious trinkets ihn cold dark factories. they were poorly fed, and "a good day was a day without a beating and or being molested" Damages already are up to almost $200 mill, and ezpected to go to a billion USDollars. its almost like being a molester is part of the required job description for working for conservative churches
SteveMD2 | May 11, 2011, 05:41 PM EDT
So many negative comments - looks like the hate groups like FRC and AFA and NOM have been sending out action alerts. While their chief bitch, Maggie Gallagher has 2 illegitimate children, her husband is a ghost - she doesnt even wear a wedding ring. But its a hell of a biz for maggie - her contract with NOM says she gets 30% off the top of all the money that comes in. Proving the bible was right - the lust for money is the root of all evil
SteveMD2 | May 11, 2011, 05:38 PM EDT
Please add to the historical definition of marriage - women sold for a dowrey to a man she had never met to cement business and tribal ties. Blacks not allowed to marry until after the civil war, 1867. Inter=racial marriage prohibitions in most all states until 1967. And of course women voting would "destroy the family" I remember my mother long ago telling me how her mother was thrilled to finally be able to vote about 1922. civil unions or marriage equality for gays is the law of the land in virtually every country in western Europe except Italy, home of the church known as the Godfather of Molestation. And now 6 countries in once Catholic Latin America now have CUs marriage (3=3) Why is America so far behind the rest of the world. And more like our mortal enemies like the isalmic states Doesn't matter what the brand name of your religion is - hate is hate in so many conservative relgiions. Who operate on the idea that if you tell a lie often enough aand outrageous enough, it will be seen as the truth.
SteveMD2 | May 11, 2011, 05:30 PM EDT
those in the gay, lesbian, and transgendered network of unnatural misfits in human societal behavior. End Quote Thank you for showing your hatreds Courtesy of your right wing church.
SteveMD2 | May 11, 2011, 05:28 PM EDT
Quote: Indeed,...when a loud minority can trump whatever,...you don't have democracy,...you have tyranny,... end quote Sure, just like a loud majority justified slavery as per the bible. And also outlawed black marriage until 1867, and inter-racial marriage until 1967 So many christians = who dont reverse the words love and hate. In Jesus commandment to love thy neighbor as thyself. If anyone should be kicked out of the country it is the right wing christians who hate Obama, their nightmare come true - a black president And the catholic hierarchy who babble about protecting life but have yet to EXcommunicate a man born and baptised catholic in very catholic austria in 1888. Hitler. And the RATZInger Pope who in 2009 UNexcommunicated Bishop Williamson. Who was kicked out of the church of england fro denying the holocaust.
oaklongan | May 11, 2011, 05:01 PM EDT
JUST LOVELY...NOW GO TO THE WASHINGTON POST FROM LAST WEEK WITH THE NEXT FUNDAMENTALIST GROUP WAITING WITH BAITED-BREATH FOR THE WORLD TO END. BUT IF THAT DOESN'T HAPPEN ON MAY 21st, THERE'S ALWAYS 2012!! CHEERS and BOTTOMS UP!!
gailirish | May 11, 2011, 03:10 PM EDT
I am sure that the airports creepy, noisey staffer, had to walk right by ten Mexicans & Russians & Africans to get to his managers office. To report a white male, who was doing nothing more than waiting for his child to get there. I do not agree with being an illegal and taking advantage; however, I live in California where you have so many illegal and temporary legal aliens it's stupid. The last thing I would do is to turn a person into immigration, even if they piss me off, all because I suspect their illegal! And the last person I would go after would be an Irishman, since so many helped to build this great nation. Also, how odd of the airlines to allow such a thing, since this man was not buying a ticket. I mean why did they use Nazi tactics, papers please... on this guy, why did his papers need to be checked. You see, Americans start working with our government system when we are young, I've had a Social Security number since I was 12, and a license since I was 16 years old, and even my dogs have papers to prove where they were born & if there fixed, since doggie cops will stop you periodically to check your papers. I guess that's our society today... papers or prison!
Dompedro | May 11, 2011, 02:08 PM EDT
Interesting how the country has changed -- back in the dark ages, when Earle Warren was Chief Justice of the Supreme Court and people like Thurgood Marshall and Hugo Black were Justices, and men like Kennedy and Johnson were in the White House, the Supreme Court decided what laws were constitutional and which were not --- anyone who really wants the President or the Attorney General to decide those issues for the country, essentially eliminating one of the three branches of the American government established in the Constitution is indeed standing on a very slippery slope.
elektros | May 11, 2011, 02:03 PM EDT
Most posters are clueless. Whether DOMA is constitutional, or more likely not, has nothing to do with democracy or even government, and even less to do with ignoring the law. Those who think otherwise have no idea who the law is supposed to work.
EireinAmerica | May 11, 2011, 01:40 PM EDT
Indeed,...when a loud minority can trump whatever,...you don't have democracy,...you have tyranny,...
haikued2 | May 11, 2011, 01:23 PM EDT
Interesting bunch of comments. Does raise some issues of whether "democracy" can work if a vocal minority yells loud enough to trump it. Also the whole historical definition of marriage. Also the civil rights of individuals to contract with each other as a quasi-corporation/partnership. Interesting the whole discussion.
baldon73 | May 11, 2011, 01:15 PM EDT
So he whines about deliberately breaking the law when he gets caught. If he's been in a relationship since 1997 he's had 14 years to process his paperwork. He chose not to, and now has to face the consequences of his actions. Nice job teaching your kid. "I disobeyed the law and it's Americas fault."
feliciamaisey | May 11, 2011, 11:33 AM EDT
What a joke--marriage is marriage and gender has nothing to do with it.
DaveyBoy | May 11, 2011, 11:16 AM EDT
I think he should be allowed to stay in the U>S and the DOMA Needs to stay out of it if it were someone from mexico they would let them stay or someone from Africa but give it to an Irishman and they will kick him out immediately
cathy/marty | May 11, 2011, 11:08 AM EDT
THATS WHY BARRY PUT HOLDER IN THAT POSITION,OUR LAWS DON'T HAVE TO BE OBAYED BY THIS ADMINERSTRATION.
Chiefjustice | May 11, 2011, 11:01 AM EDT
It's a simple process. Either Stright or Gay. PLAY BY THR RULES.
John5319 | May 11, 2011, 10:54 AM EDT
The "land of the free" IS A LAND LAWS, not political correctness! For the Attorney General of the U.S., who is supposed to uphold those very same LAWS, to decide to personally intervene of behalf of that "correctness", to force BACK TO an Appeals Court the issue they have already decided on, that they "carefully consider the possible grounds for" of ANYTHING ... is why ... America WILL NOT enforce it's OWN border Laws. The issue that U.S. immigration law does not spell out a national policy of same-sex marriage, is the loophole that this administration touts for it's OWN convenience. This is correctness to get the VOTES of those with MORE EQUAL RIGHTS than others; those in the gay, lesbian, and transgendered network of unnatural misfits in human societal behavior.
pndirishandprou | May 11, 2011, 10:33 AM EDT
"..was flagged for deportation when he was waiting to meet his son, who is a minor, at the airport. A member of ground staff became suspicious of Dorman’s immigration status and reported him to the authorities..." Airports actually has staff at arrivals areas to look out for "suspicious" undocumented people waiting there? I wonder what made him suspicious of being undocumented.
HoundofUlster | May 11, 2011, 09:58 AM EDT
Discrimination abounds in the Land of the Free!