U.S. Sen. Susan Collins (R-ME) notified the U.S. State Department that its new policy on visas may discriminate against foreign diplomats and employees posted to the United States based on their sexual orientation.
“In many nations around the world, consenting, same-sex relationships are criminalized and same-sex marriage is unavailable,” Sen. Collins wrote in an Oct. 24 letter sent to U.S. Secretary of State Michael Pompeo. “I am concerned that the Department’s new policy could deter foreign diplomats from bringing their families to the United States and that it runs counter to how the Department has supported our own American diplomats.”
The State Department announced on Sept. 30 that it would start denying visas to unmarried same-sex domestic partners of foreign diplomats and United Nation (UN) employees and would require those already in the United States to get married by the end of the year or leave the country, according to a statement released last week by Sen. Collins’ office.
Sen. Collins pointed out in her letter that the U.S. Supreme Court in 2015 recognized marriage as a fundamental right inherent to personal liberty and she reminded Secretary Pompeo that “We must ensure American policies continue to expand the opportunities for those around the world who face discrimination based on their sexual orientation.”
Currently, the State Department’s policy change impacts more than 105 families residing in the United States and also effectively reverses a 2009 policy that permitted same-sex domestic partners to obtain visas as household members, according to the senator’s statement.
Specifically, Sen. Collins urged the secretary to consider how the State Department’s visa change for foreign diplomats, diplomatic staff and UN employees may affect same-sex couples from countries that don’t recognize same-sex marriages.
Toward that end, she requested in her letter that Secretary Pompeo maintain U.S. leadership globally on lesbian, gay, bisexual and transgender (LGBT) policies.
“I request that the Department ensure maximum flexibility for foreign LGBT workers and provide clear public guidance on how same-sex partners of foreign diplomat A visa holders, whose home countries do not allow same-sex marriage or accept accreditation for American diplomatic same-sex spouses, as well as same-sex partners of employees of international organizations who have G-4 visas, can successfully apply for derivative diplomatic visas,” wrote the lawmaker.
Sen. Collins also noted that only 12 percent of countries recognize same-sex marriage.