Federale ("That Is The Sound Of Inevitability") maintained a certain point of view.
Money quote(s):
"The Department of State (DOS) continues its campaign to undermine and unconstitutionally violate the Defense Of Marriage Act (DOMA). Hillary Clinton authorized the DOS to be the sponsor for non-immigrant visas in the J-1 category for the non-resident aliens who are having sex with a DOS employee.
The J-1 visa is not for people having sex with a DOS employee, but for cultural and education exchange. At no point was its purpose to aid government employees to engage in sex outside of marriage."
Sec. Clinton has been pretty forward-leaning on the issues related to gay marriage.
What Federale is talking about is using the J-1 non-immigrant visa category for non-U.S. citizen same-sex partners of American diplomats, so that they may accompany their diplomat spouses when they receive domestic assignments in the U.S.
Not every U.S. diplomat has a same-sex partner. Many have spouses whose marriages are recognized in every state in the union.
"Nor was it designed to avoid obtaining an immigrant visa as the pretend spouse of an American citizen. Remember it was created by a Congress of white, heterosexual, males who never contemplation its use as a substitute for homosexual marriage."
Since most FSOs will not spend more than five years (at most) at a stretch in the U.S. (it's the foreign service, after all), it's not really an immigrant visa.
This move is something of a stop-gap measure, getting a little bit ahead of the legislation (or judicial activism) on the matter.
There's also something of a reciprocity issue at play here, since other countries will allow unmarried domestic partners, including same-sex spouses, to accompany our (and their) diplomats.
7/28
