
Barely a month ago, Michael Upton’s hopes of living in the same country as his partner were dashed.
Since 2008, the South Hero resident had been in a relationship with Jandui Cavalcante, a Brazilian national. But because they’re gay — and the federal government didn’t recognize their relationship — Cavalcante couldn’t apply for a green card.
Their best bet seemed to be an amendment Sen. Patrick Leahy had introduced to comprehensive immigration reform legislation extending new rights to binational, gay couples. But after an impassioned debate in the Senate Judiciary Committee last month, Leahy’s fellow Democrats bailed on him and he withdrew his amendment.
On Wednesday, when the U.S. Supreme Court ruled the federal Defense of Marriage Act unconstitutional, the point became moot.
“It’s very exciting. I could feel the huge sigh of relief 5000 miles away as tens of thousands of people realized this nightmare has a near end in sight,” said Upton, who is currently visiting Cavalcante in Brazil. “We were together in Rio de Janeiro, watching SCOTUSblog line-by-line.”

