The immigration petition of Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, was denied by Federal Authorities, on the basis that the marriage was not recognized under federal law. Citing the Defense of Marriage act, the immigration officials denied Makk's petition to seek permanent residency stating:
"The claimed relationship between the petitioner and the beneficiary is not a petitionable relationship. For a relationship to qualify as a marriage for purposes of federal law, one partner must be a man and the other a woman."
The couple had been together for 19 years and were married seven years ago in Massachusetts. The decision is especially difficult due to the fact that Wells has AIDS and is dependent on Makk as his caregiver. Read more about this couple.
This case is yet another example of laws which deny same sex couples benefits granted to married couples. The Defense of Marriage Act in particular arguably violates equal protection rights under the Constitution.
For more than a decade, The Dolan Law Firm, has demonstrated its commitment to fair treatment and equal civil rights for members of the LGBT community. Founding attorney Christopher Dolan was the 2008 winner of the Ally Award by the Transgender Law Center. You can read more about the Dolan Law Firm's involvement in LGBT issues at http://www.lgbt-lawyer.com/.