Canadian border guard tells lesbian couple to fill out separate forms
BORDER CROSSING / Same-sex marriage still not recognized by US
Richard J Dalton Jr / Vancouver / Monday, August 29, 2011
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East Vancouver residents Karen-Marie Perry and Andrina Perry have been together since early 2005 and have been married since 2008. They share a surname and live together. So when they travel to the United States, Andrina generally completes one customs form for the two of them, as most families do.

But during a recent visit, the couple had to fill out two separate customs forms because they are not considered a family in the United States.

The form says: “Each arriving traveler or responsible family member must provide the following information (only one written declaration per family is required).”

As the couple was approaching US customs at Vancouver international Airport on July 28, a Canadian official approached them, asking if they lived together and how they were related. The couple indicated they were married. The Canadian official then said the couple was required to fill out two forms and couldn’t go through US customs together.

"We want to be somewhere where we feel safe and can be a family," says Andrina Perry (left), who was told she and her wife, Karen-Marie (right), had to fill out separate customs forms because the US doesn't consider them a family.
(Richard J Dalton Jr photo)
 “I was very angry," Karen-Marie says. She was so shaken that she couldn't even fill out the customs form; Andrina completed it. Karen-Marie even considered abandoning the trip.

When the couple reached the US customs officials, they didn't attempt to confirm the policy.

"The majority of customs officers are quite intimidating," Andrina says. "I figured we might never get there."

Rachel Torres, spokeswoman for US Customs and Border Protection, says US law prohibits same-sex couples from filling out a form as a family. Under the 1996 Defense of Marriage Act, any federal laws that refer to marriage recognize only unions between one man and one woman, she says.

Immigration Equality, which fights for equal treatment under US immigration law for lesbian, gay, bisexual, transgender and HIV-positive individuals, has been pushing the Obama administration to allow same-sex couples to fill out one form, says executive director Rachel Tiven.

"Every Canadian I know is offended by the United States' refusal to recognize couples who are Canadian-married couples,” Tiven says.

She says the Defense of Marriage Act shouldn’t apply to a form that refers to a “family.” And, she says, it’s inefficient for officials to split up families when processing customs papers.

Tiven says she’s heard cases of same-sex couples filling out one form and other cases in which they had to fill out separate forms. But she says it’s unclear if the policy itself has changed over the years.

The organization has received several complaints about the policy, but the Perrys' case is the first she’s heard of in which a Canadian official told a couple to fill out separate US customs forms.

“It certainly isn’t the Canadian officials’ job to do the dirty work for the Americans,” she says.

Unlike the US customs form, the Canadian form doesn’t require cohabitating people to be related or married to fill it out together. Instead, it says, “You may list up to four people living at the same address on one card.”

A Canadian same-sex couple who won the right to marry in Ontario in 2002 also faced a surprise the following year at the US border when they had to fill out separate customs forms. Kevin Bourassa and Joe Varnell refused to do so and were denied entry, according to their blog.

“This is a case of the United States in essence telling the Canadian government which Canadians qualify as families and which Canadians do not,” they wrote. The couple did not return phone calls or emails.

The Canadian official who approached the Perrys was quite sympathetic and said the US policy has changed so often that it’s hard for Canadian officials to keep track of the procedures, Andrina notes.

Before this trip, the couple had travelled to the United States twice and filled out one US customs form.

“They’re constantly flip-flopping back and forth,” Karen-Marie says. “Is there some sort of alert system for queer communities so we can prepare ourselves for when we’re considered a family and when we’re not?”

Andrina says the experience has made her less likely to travel to the United States.

“It’s one more thing on top of all of the additional security measures and screenings and things that just make you question if it’s even worth it anymore,” she says. “And we want to be somewhere where we feel safe and can be a family.”


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Reader Comments


 
Huh?
What a non-story. This couple should try visiting Indonesia or Iran and demand to fill out the same form. There is no inherent right to have all your Canadian rights applied in every country you visit. And then to top it off, they don't even bother to ask the US customs agent if they can in fact fill it out? If it's that big of a deal, don't go to the US my lesbian friends! And don't blame the Canadian official for giving you helpful information for entering another country!
Jon, Winnipeg Manitoba
08/29/11 9:48 PM EST
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Misleading
I have never experienced an issue with any Canadian border guard when I travel to the US. However, I know enough that the US isn't as enlightened as we are in matters of church and state and probably should not be provoked in this manner. I suggest that the guard was assisting the couple from embarrassing situation, or possibly refusal of entry, by her confirmation that US officials will not accept their marriage at this time. Of course Xtra could have spun the story that way, but it went for the suffering aspect.
Ted healey, Toronto On
08/29/11 10:36 PM EST
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Here we go again .....
I'm so tired of Canadians that assume that they have a right to insist that the USA should follow Canadian law(s). News flash, the States is it's own country - it's NOT part of Canada. If you're so offended, travel to another country, or stay home. Although I don't like the fact that gay marriage is not a reality in America, I don't feel I have the right to bitch about treatment at their border(s). Maybe one day the States will adopt Canadian - style marriage laws, but until that time comes, stop your whining !
Jeff Taylor, Vancouver BC
08/30/11 3:36 AM EST
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All marriages are equal in Canada
If all marriages are equal in Canada, then the U.S. is not recognizing Canadian marriages... period! As a result, this should void the reciprocal agreement with Canada recognizing American marriages. I'm sure that would get their attention! And they'd get a taste of their own medicine. BTW, I don't intend to go the U.S. for quite some time. There are much better places to go!
Roger C, North Cowichan BC
08/30/11 5:31 AM EST
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Hey @jon
My partner is Persian, from Iran, and even he doesn't want to visit there, so whatever.
Marc, Vancouver BC
08/30/11 11:47 AM EST
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Understandable Frustration
I think the frustration comes from the fact that we'd expect better from a Western country that markets itself as modern, like the United-States. Other commenters are quite right in pointing out that this anger wouldn't be as pronounced were the destination a developing nation or theocracy. The fact is though that while the US is in some respects very modern, it is also quite behind its Western world counterparts in a number of respects. Gay and trans rights being one of them.
Julien, Ottawa Ontario
08/30/11 12:49 PM EST
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Shame on us
Canadian border guards have no business helping the US enforce its bigoted law that has already been found unconstitutional. Married same-sex couples entering the US should always present themselves as family. Make the US defend their policy which has already been found unconstitutional in court, multiple times. Provoke them? They started it. Good neighbours show respect for each other's families, and Canada is being disrespected every time one of our marriages is treated this way.
Randy, Windsor ON
08/30/11 3:13 PM EST
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uuumm...duhhh
I am conflicted, it infuritaes me that my husband of 4 years and I are unable to enter the US as a family. However, this minor nuisance has been the case for many years. Untill the laws change, ( and the laws are going to change soon )this is what is required for entry to the US( for now). These two womyn have either been living under a rock, ignorant of the requirements for entry into a foriegn country or are desperate for some level of media attention by bringing to light a complete NON issue!! Seriously give your head a shake. The airport is not the place to make a political statement. Strive for inclusion and irrelevance!
Christopher, Vancouver BC
08/31/11 10:46 AM EST
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Canada does not equal US
Both my husbandand I travelled to the US this past May. Faced with the same form as we did travel domestically within the US and International on the way back it was a no brainer. We are in another Country and we respect the law. It doesn't mean that I like the law, in fact, I don't agree with it. But clearly, if was not that much of an issue as I travelled to the US regardless. If you do not like a Country's policy or laws then don't go to them. Don't come crying to the Canadian Government. It is not their job. However, I would encourage everyone to fight in that Country's support in changing their laws....
Gary Leger, Ottawa ON
08/31/11 11:48 AM EST
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Similar Treatment
Having been given a free trip to Portugal, near the end of April, my legal husband of 8 years and partner for 45, who is 83 and requiring a wheelchair, and I, 67 and in poor health, found we had to go to Newark to catch the flight. When we reached the USA Immigration Officer with one card completed, having done it many times before, he insisted that I leave and fill out a separate card while he processed my husband. I attempted to explain that my husband was hard of hearing and might have some difficulty. He refused to listen and ordered me to step back behind the line. The Officer kept saying it was the law not him; but, each time he said it he spoke with a smirk. The entire process at that spot was very upsetting to both my husband and me. Once we both cleared him, I wheeled his chair up to the next stage, where another Officer demanded to know why I was bothering him by handing him two cards. When I tried to explain he told me that was ridiculous and took the second card and tossed it in a nearby garbage pail. From then on, we were only required to show one. It would seem that it is just another way for US Officers who have problems to vent them with people who are at their mercy. Were we used to visit the US frequently to visit family, etc, we have now decided to boycott the country until they honour the international treaty they signed to respect the marriages of all other signatory countries. Of course, they have broken every treaty they have ever signed with Canada, so why stop now.
Michael J. Stewart, Toronto Ontario
08/31/11 9:22 PM EST
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it must hurt to write headlines
The headline reads as if a Canadian border guard said to two Canadian lesbians, you have to fill out separate forms as if they were returning to Canada. The story is good, just not what the headline indicates. As to the border guard, I suspect they were friendly and trying to be helpful.
Rick Barnes, Toronto ON
09/01/11 9:03 AM EST
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Not Canadian border guard - headline wrong!
Headline ERROR: It was a US border guard, as the story states. Not Canadian border guard.
Cameron MacLeod, Toronto Ontario
09/01/11 10:51 AM EST
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OOPS - read too fast, headline is correct.
Due to my experience crossing border I read too quickly and mixed up who did what. Please ignore.
Cameron MacLeod, Toronto Ontario
09/01/11 10:59 AM EST
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I agree...
...with a lot of the previous comments. My husband and I have been married for 6 years and have traveled to the US several times. We've always gone through separately and completed 2 forms. I never even thought about it since I already know the US stand on gay marriage. This story is kind of a "yeah, so?" for me since it's exactly what I expect. My husband is Irish and when we travel to Ireland it's the same.
Richard, Vancouver BC
09/01/11 12:39 PM EST
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Different Country Different Lawn
What a lot of Canadians fail to see when traveling to the United States is that IT IS NOT THE SAME COUNTRY!!! Different rules apply. No matter how the Officers working at the border feel about the issue, they have to enforce the laws. The federal government of the U.S. does not recognize same sex marriage. End of story. The same goes for male female couples that are common law. They need to fill out separate forms as well. Not because they are thought to be worse, but because U.S. law does not recognize them as family. If it was such as awful experience, travel somewhere else. When you go to a DIFFERENT COUNTRY, you need to follow their rules, not the rules of your own country.
Ana, Toronto ON
09/01/11 1:36 PM EST
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sorry..
America sucks...its an reality that most of us LGBTQ members here have to face..we wish we were you guys and were sorry that you had to experience some of our failures...
Darren Smith, Matteson Illinois
09/01/11 5:41 PM EST
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No outrage?
Stop being so forgiving, for heaven's sakes! I see all these comments saying, "Oh, well, different country, different rules." Well, sure--but don't use that as a defense! The rules here are stupid and bigoted. If you're going to say, "Well, they should have known," at least follow it up with, "Should have known that the Americans are a bunch of bigoted twats." Sheez. If the situation were reversed and on a flight from California to BC I were told to separate from my husband for customs, I'd do it to comply with Canadian law, but I'd sure as hell still call you a f***ing dips**t for it. Don't give us a pass just because it'd be worse in Somalia or East Timor!
Mike, San Francisco California
09/02/11 2:25 AM EST
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a few thoughts
I'm curious to know why it would be upsetting to be given a 'heads up' about needing separate cards this particular day because some particular jerk is known to be homo/transphobic. I have crossed into the US many times and know how intimidating officials are and I can appreciate them wanting to get home and not challenge the issue about the cards. I found the entire situation offensive and began to wonder what other travellers would experience returning home after visiting the US with their partners. I would expect 'queer families' to get the same treatment from the US because the issue IS the US - and their irrational laws around defining 'family'. I agree with boycotting the US but for more than just this. Reading this article just builds upon years of american social and cultural oppression and my heart goes out to those people who have to live there. I can no longer imagine myself visiting but what about those who live there? We have the right to marry in some countries and in some provinces we had to struggle against marriage commissioners. I feel this article highlights that while society has moved into being more accepting, not all of it has and we do need to be aware, as queer peoples, that there are still threats to our being. This just means I'll be spending more time exploring Canada my fellow Canadian Queers. I say we invite the Americans up here so that they can enjoy the same freedoms - perhaps a dramatic exodus of queers will get Obama to look up.
Reilly, Regina SK
09/02/11 11:05 AM EST
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Please, please, please
...stop the Obama-bashing, all right? It's becoming tiresome, idiotic, and ridiculous to believe that you can expect one man to overcome years of regressive policies by the Republican party in just 4 years (especially since he might not get another term in office!) Want to really affect American domestic policy? Write to any of the Log Cabin Republicans and tell those stupid, deluded losers to stop voting for that party (as Boy George said, being a gay Republican is like being a vegetarian carnivore.) Help your fellow GLBT's to get the GOP out of power, and to get the Green Party into power in most states-maybe then things will change.But above all else please quit the Obama-bashing; it's becoming quite racist, plus a lot more than that. I have something that most people should read about Obama and the good that he's truly done: http://www.bestoftheblogs.com/Home/22497 As for the issue at hand, I think that people shouldn't be going to the USA until things have calmed down somewhat; obviously they haven't done so.
Neville, Toronto Ontario
09/02/11 11:40 AM EST
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Canadian Guard just being helpful?
Is it possible that the Canadian Guard was just trying to be help these travelers follow the correct US procedure avoid a confrontation with the US Border officials?
Jeff, Toronto ON
09/03/11 12:25 PM EST
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Why is this even news?
Any Canadian who doesn't know that the US doesn't recognize same-sex marriage has been living under a rock. You can't be "appalled" at 10 year old news. I mean, seriously, this was a plot line on Queer as Folk in like 1999! The Canadian guard was giving the couple a heads-up that the US doesn't recognize same-sex families. If the couple had been filling out one form all this time, then it's something they shouldn't have been doing. It's like other people have stated, you may want to protest unfairness, but the border guard doesn't have any leeway on this -- you want to make a difference, you direct your protests a little higher up (and it's not like there aren't tons of Americans fighting this already). But the fact that at this late in the game, that they get "upset" for this sounds like they're just clueless. OMG, I just found out there's scammers in Nigeria -- I'm outraged, when did this happen? Please!
Kris, Montreal QC
09/04/11 1:49 PM EST
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Heading
I agree the heading of this article is misleading. It lead me to believe that the couple was coming into Canada. Aside from that, my husband and I have always filled out one form going into the states. There was a problem one time and it was kinda funny as the older (late 70's) straight couple behind us were super offended that we were told we could not approach the border desk as a couple. I cant believe how many are writing things like "ITS IS NOT THE SAME COUNTRY!!!" instead of encouraging Canadian gay married couples to stand up for what it right. The fact is we are married and the USA needs to change to recognize that many countries now have legalized SSM. They need to figure out how to deal with it. I think the frustration does come from that fact that sometimes one form is all that is needed and sometimes they demand 2 forms. The USA has no idea how to deal with this and they need to. So stop laying dead and just taking it and telling travelers to 'deal'. Are we all becoming doormats for the USA?
Tal, Vancouver BC
09/07/11 7:09 PM EST
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