The right to marry is fundamental

Between August and November of 2018, a New Haven official who oversees marriages reported 73 out of 215 marriage licenses issued to non-citizens as “suspicious” to the U.S. Citizenship and Immigration Services. This agency includes Immigration and CustomsEnforcement (ICE). The official required additional documents from some applicants, including birth certificates for applicants not born or currently residing in Connecticut (i.e. coming to Connecticut from out of the country or state).

Moreover, the official denied applicants who did not have the additional documents that satisfied them because they believed the documents to be “fake,” even if the applicants had provided all of the documents officially required. Through an investigation, it was revealed that the official reported 93 marriageseeking couples to federal immigration authorities, putting 93 individuals at risk of ICE enforcement. The effects brought about by ICE enforcement are felt by individuals, families, and communities. For instance, a credible fear of persecution in the event that they are forced to return to their native countries and mistrust of official institutions.

The right to marry the person one loves is fundamental, regardless of where they or their partner are from. Specifically, a couple’s right to marry should not be denied based on their immigration status.

In 2008, a federal court in Pennsylvania ended a Luzerne County official’s policy of denying marriage licenses based on applicants’ immigration status. The order, issued in the case of Buck v. Stankovic, makes permanent a previous court ruling holding that the Luzerne County Register of Wills violated the constitutional rights of marriage license applicants by requiring that they show a green card or current visa to obtain a license. In this case, the couple was denied a marriage license because one of them did not have a green card or a current visa. This situation is not unique; as seen in New Haven, it happens more than we may think.

It is time for Connecticut to follow in Pennsylvania’s footsteps. This year, a new bill was proposed in the Connecticut General Assembly, Bill HB 5412: An Act Concerning Identification And Citizenship Status Information Requested In Obtaining A Marriage License, which wouldreconcile the regulation concerning the request of a Social Security number for identification for purposes of issuing a marriage license and prohibit inquiries about citizenship status.

In other words, H.B. 5412 ensures that the provision of a Social Security number is voluntary and that the privacy of applicants regarding their citizenship or immigration status is protected.

H.B. 5412 would ensure that incidents like those that took place in New Haven in 2018 are less likely to occur today, as the bill will prohibit questions regarding citizenship status during the marriage license application procedure, protecting individuals’ privacy rights. In the absence of these safeguards, individuals may feel coerced into divulging private information regarding their immigration status, which could result in prejudice, discrimination, or even deportation.

Furthermore, H.B. 5412 encourages everyone, regardless of citizenship or immigration status, to have equal access to marriage. Requiring immigrants to disclose their citizenship status may put them at a disadvantage, especially if they are temporary residents or undocumented. H.B. 5412 ultimately guarantees that no one is denied the fundamental right to marry because of their immigration status by making it optional for applicants to report a Social Security number. This also prevents individuals from being exposed to discrimination or stigmatization because of theirimmigration status.

The incidences like those that have taken place in New Haven and all throughout the nation, which primarily targeted individuals because of their race, ethnicity, and nation of origin, demonstrate how lacking proof of United States citizenship opens one up to “suspicion,” simply for wanting to obtain a marriage license — a moment meant to be filled with happiness and joy for the future.

H.B. 5412 will finally grant individuals in Connecticut the ability to request a marriage license without fears of scrutiny and doubt. We can and should make Connecticut a safe, welcoming, and caring place for everyone to live and obtain a marriage license; one step we can take towardthat goal is passing this bill.

Contacting your representatives to push this bill forward!

Hearst Media file photo