Same-sex partner immigration and the civil rights frame: A comparative study of Australia, Israel, and the USA

Abstract

As of 2011, only 19 countries around the world grant immigration rights to the foreign same-sex partners of gay and lesbian citizens. Of these, Australia and Israel are two countries that recognize same-sex couples in the immigration system without the recognition of same-sex marriages or civil unions. Since the Defense of Marriage Act prohibits any federal recognition of same-sex unions in the USA, we compare Australia and Israel with the USA in this comparative-historical, cross-sectional study to identify the factors that led to the inclusion of same-sex partners in the immigration systems of Australia and Israel and determine whether these factors are present in the USA. Through secondary data analysis from 1988 to 2000, we find that parliamentary politics, the autonomy of ministers, and access to elite allies in Australia and Israel created a political opportunity structure that was favorable to gay rights activists. Activists then used a civil rights frame, further legitimizing their cause and reducing opposition. Although gay immigrant rights activists in the USA use a similar frame, we conclude that the political opportunity structure of the USA limits successful advocacy for gay immigration equality.