Why #MarriageEquality and #lovewins are two-faced  

Last week, more than 26 million Facebook users changed their profile picture to the famous rainbow flag, which is used as a universal symbol to represent the community and supporters of Lesbian, Gay, Bisexual and Transgender (LGBT) around the world. A precedent in the United Stated, now every same-sex couple in every state can have their marriage registered and enjoy a happily ever after.

Five of the nine justices of the US Supreme Court determined that right to marriage equality is protected under the constitution in a decision, which was considered as a ‘victory of love’ by thousands around the world.

Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. The rights of married same-sex couples will come under scrutiny at the US Supreme Court on Wednesday in the second of two landmark cases being considered by the top judicial panel. After the nine justices mulled arguments on a California law that outlawed gay marriage on Tuesday, they will take up a challenge to the legality of the Defense of Marriage Act (DOMA). The 1996 law prevents couples who have tied the knot in nine states -- where same-sex marriage is legal -- from enjoying the same federal rights as heterosexual couples. AFP PHOTO/Jewel Samad        (Photo credit should read JEWEL SAMAD/AFP/Getty Images)

Same-sex marriage supporters demonstrate in front of the Supreme Court on March 27, 2013 in Washington, DC. (JEWEL SAMAD/AFP/Getty Images).

The decision was met with support, encouragement and worldwide relief. US media reported that US court houses were flooded with couples looking to register their marriage following the ruling. Even US President Barack Obama was thrilled for this victory, saying it “affirms what millions of Americans already believe in their hearts: when all Americans are treated as equal, we are all more free.”

Equality for Americans only:

I cannot help but feel nauseous reading Obama’s words, and seeing the world’s tears of happiness. As a matter of fact, the only thing I can see and feel is hypocrisy, dishonesty, racism and a confirmation of inequality. The hash tags #MarriageEquality and #LoveWins couldn’t be more deceptive as they drive the world to believe that the US has finally won the battle against intolerance, prejudice and hatred.

To tell you the truth, Love is not winning and people are not equal. Any human being who is proud with this achievement should remember the injustices sponsored by the US in other parts of the world. Those who changed their profile picture must realize that thousands of miles away, in a small land thought to be the holiest on earth, known as Palestine, even heterosexual couples are still fighting for marriage equality.

I was appalled when I heard about the court’s decision to allow same-sex couples to get married, not because of the very idea of same-sex marriage, but because the same country that voted for marriage equality in the US is the same that continues to support the oppression and inequality of my people, in Palestine. Where I come from couples in love are still subjected to racism and are deprived their right to marriage equality, with the complete support of the US that turns a blind eye.

#MarriageINequality in Egypt:

“A growing number of Palestinians in Egypt choose not to disclose their true nationality, but choose some other country like Syria, Jordan or Lebanon.” R.T, a Palestinian who is married to an Egyptian and currently living in Cairo.

Wala’ Atwan and Mahmoud Atwan share more than just a last name by coincidence, but also a dream of living under one roof. Their story is unique in the sense that it crossed physical borders and stubborn old customs and traditions of societies, which expect a woman to marry someone from within her own community.

Wala’, a 25-year-old, Palestinian who lives in the verdant town of al-Khader west of Bethlehem came to know Mahmoud, a 27-year-old Egyptian from the coastal city of Alexandria, when she travelled to take part in a training program with the United Nations Development Program. Five years since they crossed paths, Wala’ and Mahmoud fell in love and decided to take the brave step of tying the knot.

For Wala’ it wasn’t easy to simply tell her parents that she wanted to marry Mahmoud, an Egyptian and someone who has never visited Bethlehem or even Palestine; a stranger to her community. After many attempts to convince her family, her parents agreed only after realizing that their daughter’s happiness would only be complete with Mahmoud.

Wala’ and Mahmoud finally read al-Fatiha; in the Muslim world reading al-Fatiha is a practice, which represents the two families’ approval of the upcoming engagement and marriage. With her family’s full support, the only thing Wala’ needed to do was to prepare her papers and official documents to register her marriage the next time she is in Egypt.

Registering marriage is known in Arabic as Katb el-Kitab, which means an Islamic marriage contract. It is an integral part of an Islamic marriage, and outlines the rights and responsibilities of the groom and bride or other parties involved in marriage proceedings.

Speaking to Wala’ over the phone, she told me in a not so enthusiastic tone, “The only thing we needed to do was register our marriage in order to begin preparations for the wedding in August.”

However, Wala’ had no idea that her nationality would be the reason why she can’t get married. It turns out that laws in Egypt stipulate that “a Palestinian can no longer marry an Egyptian for national security reasons,” she said in despair.

Recalling the day when she realized that traditions, family considerations and borders were her least concern, Wala’ said, “When we went to register our marriage, the employee asked about my nationality,” to which she replied instantly, “Palestinian.” Sarcastically, the employee threw her papers aside and said, “It no longer works.”

Wala’ joked at the absurdity of the situation, but was devastated when she realized that her chances of getting married to Mahmoud were very slim. “It seems that the main issue is my Palestinian nationality and the fact that I am in Egypt on a tourist visa. To be able to register a marriage, one should be issued a resident visa. However, a resident visa can no longer be issued to Palestinians,” she said.

The complexity of the situation was hard to fathom at the beginning, but soon Wala’ and Mahmoud realized that what the employee said about the visa and marriage meant one thing only: they will not be able to get married.

“We decided to seek help from the Palestinian Embassy in Egypt, but the employees said that another couple, who also wanted to get married, was not allowed to register the marriage contract either.”

Wala’s father, Ibrahim said, “I wanted my daughter to get married in a way that corresponds to our traditions and customs, but we only have the option of a customary marriage in Egypt, or an official marriage in another country.”

This is not just the story of Wala’ and Mahmoud. Other Palestinian women who wanted to register their marriage to Egyptains were also faced with refusal, giving them no other option but to register their marriage in Palestine and without the presence of their grooms, because they are not allowed entry by Israel.

Egyptian lawyer Ahmad Sa’ad, affirmed that according to Egyptian laws, the Egyptian wife cannot give her nationality to her foreign husband, including a Palestinian. As for the Egyptian husband, he can give his foreign wife his nationality, unless she is a Palestinian, in which case it is impossible. He said, “A Palestinian woman who wants to get the Egyptian nationality has to file a lawsuit at an Egyptian court.”

Israeli Violations of #MarriageEquality:

On 31 July 2003, the Israeli Knesset enacted the Nationality and Entry into Israel Law (Temporary Order) – 2003, which  prohibits the granting of any residency or citizenship status to Palestinians from the 1967 Occupied Palestinian Territories (OPTs) who are married to Israeli citizens.

Adalah, which means Justice in Arabic, is an independent human rights organization and legal center to promote and defend the rights of Palestinian Arab citizens of Israel, 1.2 million people, or 20% of the population, as well as Palestinians living in the Occupied Palestinian Territory (OPT).

It said the Nationality and Entry into Israel Law affects thousands of families comprised of tens of thousands of individuals. It was originally enacted for one year and was later extended by the Knesset for a six month period on 21 July 2004, and for an additional four month period on 31 January 2005.

As this law continues to affect thousands of families and couples, a group of human rights activists initiated a campaign to expose Israel and its racist system. The campaign titled, Love in the Time of Apartheid noted that by “passing the so-called “Citizenship and Entry into Israel Law (Temporary Order)”, the Israeli authorities have effectively stepped up their racist policies aimed at denying Palestinian families from across the so-called Green Line their inherent, fundamental and legitimate right and practical ability of to live together.”

According to the United Nations Human Rights Committee, “The Law suspends the possibility, with certain rare exceptions, of family reunification between an Israeli citizen and a person residing in the West Bank, East Jerusalem or the Gaza Strip, thus adversely affecting the lives of many families.”

Not only does Israel ban Palestinian families from living together in peace, but also makes it almost impossible for people in Gaza from traveling to the West Bank and getting married there. I have recently reported on the story of Dalia Shurab, a 32 year-old Palestinian from the Gaza Strip’s city of Khan Younis, and her 35 year-old fiance Rashid Fadda, who lives in the West Bank’s city of Nablus.

Rashid (left) and Dalia (right) were engaged (signed their marriage contract) four years ago and have only been together in person for six days. Credit: The Independent.

Rashid (left) and Dalia (right) were engaged (signed their marriage contract) four years ago and have only been together in person for six days. Credit: The Independent.

Despite the relatively short distance keeping them apart, three hours in total, their fairy tale might be doomed to complete failure. Dalia and Rashid have been engaged for four years now, but only been with each other in person for a total of six days.

Dalia has been stuck in the Gaza Strip for over four years even though she has tried everything possible to travel to the West Bank to get married to Rashid. She sought help from local and international human rights organizations, high ranking Palestinian officials, legislative council lawmakers, Ministers and even the president Mahmoud Abbas himself.

She said: “I tried to go to the West Bank multiple times but without any success. I used to apply to many conferences to get a permit, but I would always get rejected. It hurts to see others from countries abroad having access to your own country while you are treated like an outcast.”

B’Tselem, the Israeli Information Center for Human Rights in the Occupied Territories, noted that “Israel continues to prevent Palestinians from traveling between the West Bank and the Gaza Strip in almost all cases, and makes it very difficult for West Bank Palestinians to enter Israel or to travel abroad.”

Israel, a country behind the last still-standing occupation in modern days and the US’s closest ally, discriminates blatantly against Palestinians based on ethno-national origin since these restrictions apply only to Palestinians.

Need for a Brighter Rainbow:

Credit: Kurt Bauschardt

Credit: Kurt Bauschardt

The rainbow flag has been used to symbolize freedom, love, life, health, harmony, and joy, and is used by a community that wanted to be treated equally and loved unconditionally. A group of people who thought they deserved the same right as others regardless of what makes them different.

The LGBT community has won; even if it was a small victory and even if some of us believed or wanted a different outcome, but in other parts of the world, inequality is living and thriving. In a part of the world, so close to the US, yet so neglected by its people, there are other couples who still need the flag and the support to continue their fight for marriage equality and the world needs to act fast.