Our former beacon of hope, Senator John  Kerry, has requested Barack Obama’s help in a gay rights situation he believes beyond the debate on overturning the federal law prohibiting same-sex marriage. This “humanitarian situation” concerns Genesio Oliveira, who has been separated from his husband Tim Coco since 2007 when his request for asylum was denied. Coco is a US citizen – but Oliveira, whose marriage to Coco is not officially recognized by the United States, had to go back to Brazil, where he was once attacked and raped by a physician because of his sexuality.

Barack Obama and John Kerry: dream team

Barack Obama and John Kerry: dream team

John Kerry has taken upon himself to defend this case as the issue of civil liberties pertaining to gay marriage goes way beyond a traditional or conservative vision of society – it is an ideological decision regarding the overall policy on civil liberties that the United States are expected to uphold. Not only are gay couples not allowed to visit their lovers in hospital, because they are not recognized as a family member, gay couples united through a civil union or married in the states allowing it are now facing separation if one half of the couple is not granted citizenship.  In Oliveira’s specific case, Kerry’s calling has been labeled as “outrageous” by the judge in charge of the case – Immigration judge Francis L. Cramer – who claimed that Mr. Oliveira were not “physically harmed” by his attacker. We are pleased to announce that under US law, rape no longer constitutes physical harm. Every new sunrise is bringing a new defaming and degrading jurisprudence.

It was only natural, under this outrageous, insulting, offensive and legally ignorant comment made by a judge (!) that John Kerry by-passed the traditional hierarchy and appealed to fellow Democrat Barack Obama to plead in favor of Oliveira’s situation. Under the infamous and controversial Defense of Marriage Act (sic), Oliveira can not appeal for citizenship on the grounds of his marriage to Tim Coco. Kerry, who co-sponsored a bill that could possibly override certain regulations of the Defense of Marriage Act, believes that Oliveira and other foreign residents engaged in a same-sex partnership with US residents, should be granted asylum by the United States.  The couple, who met in 2002 and got married three years later,  appealed on Friday.

When so-called “family values” are defended by Immigration judges who are as in touch with their human side as a cockroach, we understand Senator Kerry’s frustration and his plea to the President (who has yet to respond to the appeal). It only goes to show the level of inhumanity to which judicial leaders are willing to stoop in order to defend a bill that was defying logic and compassion in the first place.

EDIT: it appears that Judge Cramer was never supposed to be more than Mister Cramer.  Texas attorney Bob Kraft reported on a Washington Post article in his blog that Cramer was indeed illegally appointed to his position of immigration judge in Boston, MA – and had only made his way to the top thanks to his connections. This explains why Cramer doesn’t seem to be in touch with laws and regulations at all.  The article reads: “Cramer’s bid for a seat on the tax court foundered after the American Bar Association’s taxation section wrote a rare letter to the Senate Finance Committee, saying: “We are unable to conclude that he is qualified to serve.” OH I SEE!

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