U.S. visa rules reversed for diplomats’ same-sex partners

WASHINGTON — Lawmakers and gay rights advocates are criticizing a new State Department policy that denies family visas to the same-sex domestic partners of diplomats posted in the United States and gives those already in the country three months to marry or lose their visas.

The change reverses a policy put in place in 2009 under former Secretary of State Hillary Clinton that defined family to include domestic partners of diplomats posted at embassies or the United Nations. That allowed them to attain visas and accompany their diplomat partners as household members, a status that was not extended to heterosexual couples.

A State Department official said the change, which took effect Monday, was made to “ensure and promote equal treatment” for both same-sex and opposite-sex couples.

“The change in policy ensures consistent treatment between opposite-sex partners and same-sex partners by requiring that same-sex partners, like opposite-sex partners, must marry to qualify for derivative diplomatic visas,” the official said.

In 2014, the State Department rolled back partner benefits and protections for same-sex couples after an unmarried heterosexual couple filed an equal employment opportunity complaint, asking to be recognized as domestic partners.

The State Department gave affected couples until Dec. 31 to marry, either in the United States or in a third country where samesex marriage is illegal, and present a valid marriage certificate. Those who do not will have to seek a change of visa status or leave the country to seek a new visa abroad.

Only 12 percent of the countries in the world recognize same-sex marriage. Former Secretary of State John Kerry ordered ambassadors to pressure their host countries allow U.S. diplomats to bring their same-sex spouses with them openly, and report progress to him annually.

The Trump administration policy is an example of evolving practices since the Supreme Court ruled in 2015 that same-sex marriage is a constitutional right. Secretary of State Mike Pompeo has said he opposes same-sex marriage, but he has promised to treat all employees with respect.

The State Department has become more welcoming of gay employees, a far cry from the days when gay diplomats were denied security clearances since they were believed to be susceptible to blackmail. The group GLIFAA represents LGBT staff, many U.S. embassies around the world fly rainbow flags during gay pride month and senior officials speak at the annual gay pride event held in an auditorium and beamed by closed circuit around the building.

It is not known how many diplomatic families based in the United States will be affected by the change imposed by the Trump administration. The State Department said it was “limited.” Some reports have suggested the families of 10 diplomats at the United Nations will come under it.