Texas mayor resigns to be with undocumented partner

When J.W. Lown gained a same-sex partner, the city of San Angelo lost a mayor.

Lown notified the City Council earlier this month he was now living in Mexico in order to be with his partner - an undocumented Mexican who had been living in the United States illegally.

First elected in 2003, Lown, who is the youngest person ever elected mayor in San Angelo, told the San Angelo Standard-Times he fell in love with his partner in March. Lown had already announced his re-election campaign, and he thought the man with whom he fell in love had a student visa.

The visa expired, and Lowe decided to decline another term in office-10 days after voters re-elected him earlier this month-and move to Mexico with his partner and help him secure a visa to re-enter the United States.

The case reveals a seldom-acknowledged consequence of the same-sex marriage debate. Paul Scott, executive director of Paul Scott, told EDGE Lown's decision "deals with all of the traditional issues centered around undocumented workers; the fear of being deported, the inability to have sponsorship; fear of being found out, getting health care and employment - having to live off the radar in order to live in the United States." Unlike a heterosexual couple who could resolve these dilemmas through marriage, same-sex couples simply do not have that option.

"There's more anecdotal evidence than actual tracking of it; but it's more common in border states like California and Texas," Scott said. "We've also seen this with (LGBT) people who've been working oversees and are not able to bring their partner here to the United States."

Victoria Neilson, legal director for Immigration Equality, added she feels Lown's case points to much larger problem.

"Our families are constantly faced with that kind of horrible decision; to give up their lives in the [United States] or give up their partner," she said.

Neilson added this issue remains particularly relevant to Texas. The 2000 Census found the state has the highest percentage of foreign nationals in bi-national coupled relationships. And the majority of those included a partner of Mexican descent.

"It's really a matter of fundamental fairness," Neilson said. "The immigration system is centered on the family unity, but the government fails to recognize our families."
Although a few states acknowledge the relationships of same-sex couples through marriage and civil unions, federal law, which does not extend this recognition, forbids gays and lesbians to sponsor their undocumented spouse to legally immigrate into the country.

"You still have conflict with the federal DOMA (Defense of Marriage Act), which restricts federal rights and recognitions attached to marriage," Scott said.

Gays and lesbians who enter into a bi-national relationship overseas are also unable to sponsor their partner. And the only way to bring them into the country legally is through a job offer.

Some LGBT immigrants seek American citizenship through the asylum process. Her organization won more than 50 cases last year, but to prove persecution based on sexual orientation and gender identity and expression remains difficult.

"We see a fair number of asylum cases from Mexico, but they can be somewhat complicated because Mexico is one of those countries where it's a mixed bag," Neilson said. "It looks like there are some advances in LGBT rights, but in certain parts of the country, it's not uncommon for LGBT to be mistreated by the police."