Transformation: the Progression of Immigration Petitions for Transgender Spouses

U.S. citizens who marry foreign nationals may petition for their spouses so that the couple can reside permanently together in the United States. The guidelines set forth in the U.S. Citizenship and Immigration Services Adjudicator's Field Manual provide guidance to immigration officials for determining whether to grant or deny spousal petitions. Previously, the Adjudicator's Field Manual imposed a requirement that transgender individuals undergo costly and dangerous sex reassignment surgery in order to qualify as married for the purposes of a spousal petition. However, revisions to the Adjudicator's Field Manual issued in April 2012 provide transgender binational couples the opportunity to remain together in the United States without forcing one partner to undergo sex reassignment surgery. Given the history of discrimination against transgender individuals under U.S. immigration law, these revisions are a significant step in equality for transgender couples. Although these revisions provide many transgender binational couples with a means to remain together in the United States, this Note proposes that, to continue on the path toward equality for transgender couples, special guidelines should not be applied to marriages involving transgender partners if their marriage is deemed a valid heterosexual marriage in the state where solemnized. The goals of U.S. immigration law and compliance with the federal definition of marriage can be achieved without implementing individualized guidelines for transgender binational couples.

Key Points for the Family Court Community:
• Transgender spouses of a binational couple should not be subjected to additional guidelines when submitting spousal petitions that, if granted, would afford the couple the opportunity to reside together in the United States
• Transgender individuals should not be subjected to disparate treatment solely because the U.S. Citizenship and Immigration Services seeks to enforce discriminatory provisions of the Defense of Marriage Act
• A marriage should be recognized by immigration law if it is a valid marriage under the law of the state where the marriage was celebrated
• In order to achieve U.S. immigration law's mission of family unification, nontraditional couples should be afforded the same opportunity to remain together in the United States without additional scrutiny

     

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.     

Therapists Behind Bars: Criminalizing Gay‐to‐Straight Conversion Therapy

Conversion therapy is a practice used to “change” an individual's sexual orientation from homosexual to heterosexual. Parents who expose their child to conversion therapy drastically increase the child's likelihood of developing anxiety, depression and self‐destructive behavior. Currently, 18 states ban mental health professionals from conducting conversion therapy. However, in those states, if a mental health professional conducts the therapy, the penalty is only a relatively small fine for unprofessional conduct. Additionally, to report their therapist, victims must file a complaint, which poses difficulties for minors. This Note proposes a criminal statute for mental health professionals who conduct conversion therapy.     

Religiosity and Alcohol Use in Sexual Minority and Heterosexual Youth and Young Adults

Despite interest in the role of religiosity in youth development and health behavior, few studies have examined these associations in sexual minority youth. Participants (n = 11,699) who were adolescents (wave 1) and young adults (wave 3) in the Add Health survey were used to examine proximal and distal religiosity by sexual identity group and to test group differences in associations between religiosity and alcohol use. Sexual minorities were less likely than heterosexuals to report a current religious affiliation. In young adulthood, heterosexual females reported significantly higher distal and proximal religiosity than heterosexual males and sexual minority young adults. From adolescence to young adulthood, religiosity in all three sexual identity groups (heterosexual, bisexual, gay/lesbian) significantly declined, with the largest effects found for the sexual minority groups. Distal and proximal religiosity scores were significantly associated with less alcohol use and less binge drinking among heterosexuals, but not among sexual minorities. Future studies of sexual minority youth and their religious contexts are suggested.

Same-sex attraction and successful adolescent development

This study investigated the relation of adolescent same-sex attraction to “successful development” (Baltes, P. B., Am. Psychol. 32:366–380, 1997). Based on a survey of high-school adolescents, four groups were defined according to the nature of self-reported sexual attraction: exclusively heterosexual (EHA; n=3594); mostly heterosexual (MHA; n=124); bisexual (BSA; n=122); and same-sex attraction (SSA, n=36). Groups were compared across multiple intrapersonal, interpersonal, and environmental domains based on mean group differences and prevalence of developmental assets. Although the EHA group reported the most positive status across domains, several similarities among the groups were noted. Groups did not differ significantly in friendship quality and perceptions of school climate in the mean group comparisons, as well as academic orientation and (low) peer victimization in the assets-based analyses. Implications for successful development among adolescents reporting same-sex attraction are discussed along with the integration of the study of non-heterosexual youth into mainstream adolescent research.