Kerry asks for Asylum

Sen. John Kerry (D-Mass.), whom we all remember from the last presidential race, has asked the Obama administration to grant a gay Brazilian man asylum in the United States. Gay marriage is recognized in the state of Massachusetts, and the Brazilian man, Genesio Oliviera, is married to another man, Tim Coco. Typically, if a non-citizen marries a citizen of the United States they are able to stay in the country. However, because of DOMA (Defense of Marriage Act) gay marriage is not federally recognized.

One very important point. Asylum is not the same as being able to remain in the United States because you are married to a citizen. When one petitions for asylum one must prove that returning to their home country they are in grave danger of being harmed. Oliviera was raped by a doctor as a teenager and fears retaliation because of his sexuality. When petitioning for asylum Judge Francis Cramer, recognized that Oliviera was genuinly worried for his safty, however, ruled that his rape did not physically harm him.

Oliviera was given sixty days to leave the country. Meanwhile, Tim Coco contacted his senator in hopes of getting some help. Kerry approached the Obama administration using the human rights angle.

"Nobody's asking to overturn or change the federal law. This is really a humanitarian situation that deserves an appropriate focus," he said.

I am happy to see John Kerry petitioning the administration for this purpose. I would have voted for him if I wasn't 16 at the time. However, I would like to see this shine more light on DOMA, which basically makes it so that states don't have to recognize marriages entered into in other states. Sounds a little bit un-Constitutional to me... Maybe this will go futher. Like the Supreme Court maybe.