Same Sex Partner Immigration and the Civil Rights Frame: A Comparative Study (2008)

Undergraduate: Sherry Ho

Faculty Advisor: Jacqueline Hagan
Department: Sociology

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As of date, only nineteen countries around the world grant immigration rights to the foreign same-sex partners of gay and lesbian citizens. Of these, Australia and Israel are two of three countries that recognize same-sex couples in the immigration system without giving them broader status in national law through same-sex marriage or civil unions. Since the Defense of Marriage Act prohibits any federal recognition of same-sex unions in the United States, I compare Australia and Israel with the U.S. in order to determine how to effectively advocate for gay immigration rights without first gaining marriage equality. I identify the factors that led to the inclusion of same-sex partners in the immigration systems of Australia and Israel, and determine whether these factors are present in the United States. Parliamentary politics, the autonomy of ministers, and access to elite allies in Australia and Israel created a political opportunity structure that was favorable to gay rights activists. Activists responded by using a civil rights frame, which legitimized their cause and reduced opposition. Although gay immigrant rights activists in the United States use a similar frame, the political opportunity structure of the U.S. limits its effectiveness. A two-party political system, the organized opposition of the Christian Right, and the influence of terrorism on immigration policy make it difficult to successfully advocate for immigration equality in the United States.