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This is great breaking news. The Blend has received a copy of the new guidelines the State Department has issued to U.S. embassies regarding the treatment the partners of Foreign Service workers are to receive under the rules that extend benefits. This follows the order by President Obama in June, as Gays and Lesbians in Foreign Affairs Agencies (GLIFAA) announced at the time, via press release:
PRESS RELEASE
June 17, 2009For Immediate Release
Contact:
GLIFAA President
Michelle Schohn
703-881-6117GLIFAA Applauds President Obama and Secretary Clinton’s Recognition of LGBT Families
Administration’s Actions Will Protect Same-Sex Partners, Opposite-Sex Partners, ChildrenLegislative Remedies Still Needed to Achieve Equal StatusPresident Obama and Secretary Clinton for their actions in moving to extend benefits to both same-sex and opposite-sex domestic partners of federal employees, as well as children of those partners. President Obama’s announcement today follows earlier news reports that Secretary Clinton would soon expand the State Department’s definition of “Eligible Family Member” (EFM) to include same-sex and opposite-sex domestic partners and their children. Presently, domestic partners are classified as “Members of Household” (MOHs), a term that denies critical protections to family members, including those separated from their employee partners who have served in Iraq and Afghanistan. The Foreign Service Act of 1980 grants the Secretary of State exclusive authority to define the term EFM, and GLIFAA has pushed for years to update the definition of the term. GLIFAA also thanks Congresswoman Baldwin, Congressman Berman, Congresswoman Ros-Lehtinen, Congressman Ackerman, Senator Feingold, and Senator Wyden, who repeatedly wrote Secretary Rice and Secretary Clinton to remind them of the hardships facing lesbian, gay, bisexual, and transgender (LGBT) families serving overseas.
“The actions of the President and the Secretary will have a real and immediate benefit for Foreign Service families, but work remains to be done,” said GLIFAA President J. Michelle Schohn. ”LGBT Foreign Service, Civil Service, and contract personnel serve their country domestically and at U.S. Embassies and Missions around the world, including some of the most challenging posts in Afghanistan and Iraq. GLIFAA believes that families that defend our nation are families that the U.S. Government must support, and we will continue working with our straight colleagues, our President, our Secretary, and our Members of Congress to achieve workplace fairness.”
The memorandum on the implementation is below the fold.
ROUTINE ALDAC, TRIPOLIINFO USAID, FCS, FAS, PEACE CORPS, DOJ, DHS, MCC, HHS
FOR CHIEFS OF MISSION FROM the UNDER SECRETARY FOR MANAGEMENT
POSTS ALSO PASS TO FCS, LEGATT, USAID, PEACE CORPS, AND OTHER AGENCIES UNDER COM
E.O. 12958: N/A
TAGS: APER, AMGT
SUBJECT: Same-Sex Domestic Partner Accreditation1. Summary and Action request: In this cable, the Department is advising posts about new accreditation procedures regarding declared same-sex domestic partners of our U.S. government personnel under Chief of Mission authority. These individuals have been provided a diplomatic passport by the Department and/or are listed on the travel orders or approved OF-126 (Foreign Service Residence and Dependency Report) of a sponsoring employee following submission of an affidavit declaring a domestic partner relationship pursuant to 3 FAM 1610. In this regard, we request that posts inquire about the host government’s accreditation policy for same-sex partners and urge host governments to accredit them where such accreditation is possible. See action request in PARA 5. End Summary.
2. The Department’s new practice regarding the accreditation of same-sex partners is part of its implementation of the President’s June 17 Memorandum on Federal Benefits and Non-Discrimination “to achieve greater equality for the Federal workforce through extension to same-sex domestic partners of benefits currently available to married people of the opposite sex.” Secretary Clinton has repeatedly stated her commitment to this goal.
3. The Department has taken steps to implement this policy and, as part of that effort, has changed its visa and accreditation policies regarding personnel of foreign missions in the United States:
a. The Department has amended its visa regulations and is issuing diplomatic visas to same-sex domestic partners of foreign mission personnel, subject to reciprocity.
b. On November 4, the Department’s Office of Protocol advised foreign missions in the United States that it will accept the accreditation of same-sex domestic partners as members of the family of diplomatic and consular personnel who enjoy privileges and immunities. The text of Protocol’s circular note is set forth at PARA 7.
4. The Department is also working with the Department of Homeland Security to amend the regulations regarding work authorization so that same-sex domestic partners of foreign diplomats who are accredited will also be able to work in the United States. Once the new regulations are issued, we will be seeking to amend our bilateral dependent employment agreements or arrangements to allow for the reciprocal extension of employment authorization to domestic partners.
5. ACTION: Posts are requested to approach the Ministry of Foreign Affairs, Office of Protocol, or other appropriate office to advise orally, in a meeting, that the United States intends to seek accreditation for the same-sex domestic partners of its diplomatic and consular personnel as members of the family of such diplomatic and consular personnel and requests that they be accorded the same status, privileges and immunities currently accorded other members of the household, such as spouses.
Posts are asked to advise the Department (M and regional A/S by front channel cable) whether the MFA in such a meeting expressed its willingness to accept the accreditation of USG same-sex partners. Posts should also advise the Department on approaches to other offices in the host government in situations where the decision may not rest only with the MFA. Posts are also asked to include details on steps that post will take or is taking to ensure same sex partners are accommodated to the fullest extent possible.
EXCEPTION TO ACTION REQUEST: Posts that are of the view that such an approach to the host government would do more harm than good by impeding the ability of same-sex partners to accompany personnel to post or otherwise cause harm to personnel or their families are asked to advise the Department (M, L, and regional A/S) by front channel cable of that conclusion, the reasoning supporting the conclusion, and recommendations for further action that may implement the President’s and the Secretary’s directives.
6. Where the MFA expresses a willingness to accept same-sex partners, post should subsequently notify the MFA that the individual is a member of the family of an accredited member of the diplomatic or consular mission in the identical fashion that it accredits other family members. In such situations, posts are asked to update the Department (M, L, and regional A/S) by front channel cable if any implementation issues arise in the context of such accreditations.
7. The Office of Protocol’s Circular Diplomatic Note:
The Secretary of State presents her compliments to Their Excellencies and Messieurs and Mesdames the Chiefs of Mission and refers to the notes dated November 3, 1988, February 2, 1987, and May 22, 1986, concerning the definition of family members.
As indicated in the referenced May 22, 1986, note, it has long been an accepted principle of international law that the privileges and immunities to which members of the mission are entitled extend, to a certain degree, to the members of their families forming part of their households. The Vienna Convention on Diplomatic Relations (Article 37(1)) specifies the privileges and immunities which shall be accorded such “members of the family of a diplomatic agent forming part of [the] household” but does not provide a definition of the term “members of the family” for the purposes of the Convention. The drafters of the Convention recognized that the concept of “family” differs among the societies of the world and left the matter to be resolved according to the standards of the respective receiving States.
The Chiefs of Mission are informed that, in addition to the categories of individuals previously accepted as family members, the Department has determined that the definition of “family” forming part of the household of a diplomatic agent may include same-sex domestic partners (“domestic partners”) for purposes of the application of the Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations in the United States. In accordance with guidance from the White House, the Department is not in a position to accept the accreditation of opposite-sex domestic partners as members of the family.
In order to be eligible for acceptance as a domestic partner of a member of a diplomatic or consular mission, a same-sex domestic partner must not be a member of some other household, must reside regularly in the household of the principal, and must be recognized by the sending State as a family member forming part of the household of the principal, as demonstrated by eligibility for rights and benefits from the sending State. Therefore, when notifying the Department of domestic partners of its mission members, the sending State is requested to submit appropriate documentation that it recognizes the same-sex domestic partner relationship, which could include evidence that the sending State provided the domestic partner with a diplomatic or an official passport or other documentation based on that status, or with travel or other allowances. Domestic partners of employees of a diplomatic or consular mission (and of miscellaneous foreign government offices) accepted by the Department will be eligible for “A” or “G” visas. The new visa regulation is enclosed.
In addition, the Department intends to pursue the legal measures necessary to enable the United States to offer dependent employment to same-sex domestic partners, on a reciprocal basis, in the context of bilateral dependent employment agreements or arrangements. The Chiefs of Mission will be advised of any such developments as soon as it is possible to do so.
The attention of the Chiefs of Mission is also drawn to applicable provisions of international law in respect of the termination of status. As stated in previous circular notes, whenever any person who has been accorded status as a member of the family in the United States (other than a student attending boarding school or college) ceases to reside with the principal, such person immediately ceases to be a member of the family within the meaning of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations. Accordingly, all privileges and immunities, if any, to which such person previously had been entitled in the United States would terminate thirty days thereafter unless in a particular case a shorter time has been specified by the Department of State.
The Chiefs of Mission are advised that until the Department of State publications and circular notes are revised explicitly to incorporate “domestic partners” as members of the family of diplomatic or consular agent forming part of the household, references to family members in the context of privileges and immunities and related matters other than dependent employment should be understood to include domestic partners as described herein.
It is emphasized that the standard set forth in this note is to define members of the family for the purposes of the Vienna Convention on Diplomatic Relations and the Vienna Convention on Consular Relations and is without prejudice to other definitions of family for other purposes which have an independent basis in international agreements or U.S. domestic law.
8. MINIMIZE CONSIDERED.
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22 Comments
Working at StateI have to say, as a tandem couple (my wife and I are both Foreign Service Officers), I have been DELIGHTED with the changes the Department has made and with the speed with which they made them (lightning speed for a bureacracy, let me tell you). We are now treated exactly like every other tandem married couple, which is exactly what we asked for.
For those married to non-employees, the changes have still been profound and life-improving, and I hope for more advances in the near future!
Link to 3 FAM 1610Here is a pdf of the document “3 FAM 1610″ mentioned in the memo above. It explains what must be included in the affidavit declaring domestic partnership. I couldn’t find “Form DS-7669″ which the DOS employee has to fill out. I’m curious what information is required there.
a satisfied customer!great to hear.
when you talk of more advances in the near future, is there something else brewing at the state department, or are you just expressing general optimism.
The affidavitIt asks:
*whether you are the person’s sole DP and plan to remain so
*whether you have and intend to keep a common residence OR have had a common residence and will resume having one following an assignment abroad where the partner did not accompany the employee OR would have a common residence but are prevented from doing so (give reason).
*are at least 18 years old and mentally competent to consent
* share responsibility for a significant measure of each other’s common welfare and financial obligations
* are not married to, joined in civil union with or related in any way that would prohibit legal marriage in the state in which you reside
You further agree to:
* file a statement of dissolution of the partnership within 30 days of the dissolution of the partnership or death of the partner
*understand that your domestic partner will be held to standards of conduct in the FAM that apply to family members
*undersand that falsification of information in the affidavit are a criminal violation under 19 USC 1001 and may lead to disciplinary action
Something brewing?Stay tuned!
And yet….
See where LGBT rights rank among the options in the poll asking “how you want Organizing for America [aka Obama Inc.] to move forward in the new year”:
http://my.barackobama.com/page…
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Well…frankly, we’ve been hearing similar vague promises for the past year from people who claim to have insight into the inner workings of the administration. If there is really something planned and you can’t say what it is specifically, please tell us that. But don’t expect many here to play the blind excitement game.
I see nothing recognizing same-sex marriagesThat word appears NOWHERE in the statement.
There ought to be a de facto presumption that being married qualifies, regardless of whether the couple meets those other conditions.
Suppose this: Married same-sex couple. One is a diplomat. The other serves in his or her country’s armed services, and thus could be based almost anywhere in the world. This means that spouse would not qualify because they do not share a residence.
Oh sure — this is a step in the right direction. But it still treats same-sex couples in a separate-and-unequal fashion.
federal DOMAI’m sure the administration refuses to recognize s-s marriages because of federal Defense of Marriage Act. And remember, the administration is defending DOMA right now in federal court. If they intended on respecting our marriages, these new guidelines would not have to have been drawn up in the first place.
As for living in different places, if you read through the guidelines, you’ll see that the employee has the opportunity to explain lack of common residence. It isn’t a deal breaker necessarily. This is a scheme that Hillary Clinton pushed for, so I doubt she will look for reasons to deny DPs.
yay!It’s so easy, when every battle is fraught and we lose so many battles, to see that what can seem like smaller bits of progress are there, making a real difference in someone’s life.
That is awesome. Thank you.
Thank you, Lurleen, for supporting the Campaign for Military Partners!
…the other side of the evil of Pentagon homohatred and the Administration’s abandonment of many more gay families than the State Department change, as admirable as it is, will affect.
Recognition of our relationshipsis not an Obama priority. That’s pretty clear. But Clinton is not Obama and she has the power to make certain polices at State which are pretty important considering the nature of some of the jobs. For all the indignities same-sex couples face here in the US, it’s a lot worse if your spouse can’t get evacuated with you should that be necessary during your foreign placement. An extreme example, yes, but certainly worse than my having to pay more in taxes because the federal government won’t recognize a Massachusetts marriage.
Despite Obama saying the right things during primary season, I just had more faith in Clinton to come around than Obama, which is why she got my vote. For all that Bill Clinton hurt us over his presidency and after (advising Kerry to throw us under the bus), even he has come around to our position. Clinton also has an under-30 daughter whispering in her ear. Don’t underestimate the sway a child can have. Obama has said that part of his pro-choice stance is from not wanting his daughters to be saddled with a baby. While all evidence points to Chelsea Clinton being straight, she’s part of a cohort group that just doesn’t put up with excuses as to why their LGB (and maybe T – I don’t know that this is so strong among the straight set) friends should be denied rights.
Good lawd…!some people are determined to believe this delusion that Hillary woould have been any different on LGBT issues. Hillary Clinton wanted to be President of the US and was pretty willing to do what was necessary to get there and stay there. Come what may she would not do anything as politically suicidal as supporting gay marriage (in fact she and Obama were on the same script).
Obama publically opposes gay marriage. He supports civil unions. Unfortunately, none of the battles in question have been about civil unions. Thus it makes sense that he would steer clear of this political third rail.
On top of this, these employment policies are part of a larger government initiative to more fairly include LGBTs. All of which have their origins in the White House.
Indeed……speaking only for myself, promises without (at least yet) action engender cynicism, not hope for me.
I wish it were different, but it is not.
okay this is goodThis is a positive change and I am glad that the government has done something to remedy prior injustices.
*headdesk*I, ummm, made my feelings known. Thanks for the link.
Ah, Geek, starting out a whole new decade with….
…your head still so far up Obama’s ass you can see Russia through his mouth!
First, you have no more proof that any LGBT-positive actions in the State Department “have their origins in the White House” than I have the key to Matt Damon’s house.
Further, while none of us…including you…can prove how different Sen. Clinton may or may not have been as President, these are historical FACTS:
1. Obama NOT Clinton repeatedly and unnecessarily [save to pander to religious homophobes like those who seduced by his Donnie "Gays are trying to kill America's children" McClurkin concert] made an issue [as he had when he ran for US Senate] of tying his own opposition to marriage equality to religion. A recording of his telling Rick “gay = pedophilia/Uganda homo terror” Warren and his dumbass followers that “God is in the mix” was used in robocalls to California voters by Prop H8TE backers while Bill Clinton recorded robo calls opposing it.
2. In addition to elevating Warren to First Preacher, as President, Obama felt it necessary to tell Catholic media that his alleged support for gay rights was in conflict with his Biblical beliefs: “And as a Christian, I’m constantly wrestling with my faith and my solicitude and regard and concern for gays and lesbians.” HUH?
3. Obama brainwashed countless gay voters with phony grandstanding about how superior his position on federal DOMA allegedly was to hers because he made a show of calling for the repeal of all of it while she chose to leave Section 2 regarding a state’s right not to have to recognize gay marriages from other states alone. She was wrong to do that symbolically BUT more honest than he was for the repeal of that section would not have required states to recognize marriage equality and he [just as she wrongly] supported…and still does…a state’s right to deny marriage equality regardless of federal DOMA. Most gay and mainstream media missed the truth that ABC News didn’t:
4. Obama promised to start dismantling DADT the day he took office. That day will soon be ONE YEAR ago during which time 678 more gay servicemembers have been shitcanned while Obama’s lieutenants have repeatedly defended DADT in court documents, pressured Cong. Alcee Hastings into dropping his effort to even bring to vote stopping discharges by defunding investigations through the 2010 defense budget, ad nauseum.
5. Obama promised he would never “compromise” on LGBT equality yet, in addition to his aggressively enforcing DADT rather than working to end it, he has defended DOMA in court papers in language even more homophobic than that used to pass it initially and defied a federal judge’s order [and thus the Supreme Court's ruling in Marbury v. Madison] to simply allow a court employee to purchase medical insurance for her partner….which he could have easily left alone, defending his inaction if by no other means than following the court’s order.
No, there’s no reason to indict Obama by means of Hillary hypotheticals. He’s more than repeatedly indicted himself.
Between that & these, maybe 2010 is starting off right:
http://pamshouseblend.com/diar…
Sounds Like Obama’s Making Good on Some PromisesI’m in Brazil, but I’ve been discussing this stuff with some people stateside. Appointing gays and transsexuals and having a new level of openness and anti-discrimination seems to be happening.
It seems to me that, at a propitious time (but not before he deals with 10% unemployment), Obama’s going to try and so something about DADT. But, if he doesn’t keep his 60% of the US Senate and a majority in the House, he won’t get much further today than Clinton got in 1993.
So, everything will depend on him convincing the electorate between now and November that he’s doing all that can possibly be done, and that if there’s anything he can’t fix, it’s because the Republicans messed it up too badly and are refusing to participate in repairs.
Unless the Democratic Congress does better in 2010 than it did in the 1994 elections, then Obama is going to be a right-leaning Bill Clinton at least until he’s re-elected in 2012.
Obama had better do something about unemployment, or the Republicans are going to clean his Congressional clock. Then they’ll set about dismantling all that he has accomplished.
No, but I can give Obama some credit for this…even if it seems like he’s using Hillary as a beard.
As far as Geek is concerned…oh, forget it, I think he read the Gospel according to Barack prior to reading the Gospel according to Matthew, Mark, Luke, and John. And Thomas!
BrewingI can’t say what it is, but I am on the GLIFAA board and was involved in the negotiations for the benefits and for the language in this cable, and yes, more is coming. We are negotiating for some additional assistance for FSOs and their partners and it is mostly a matter of getting the language right. But it will happen. Secretary Clinton is an incredible allie, and I am proud to work for her.
Secretary ClintonI think you are wrong about Secretary Clinton. On her second day in office, she said she wanted to make things right for same-sex couples. It was a priority for her. And I met with her on it within 2 weeks. And she was ready to extend benefits to us by March, and pushed hard for it (because our transfer season begins in April). But the President wanted to announce it at Pride instead, so that is when it was announced.