Lesbian mom ordered deported

California family is expected to be torn apart on Friday when Shirley Tan is scheduled to be deported back to the Philippines, leaving behind her life partner and their 12 year old twin sons.

Tan and Jaylynn “Jay” Mercado were married in San Francisco in 2004. Their marriage was voided, but even if it still were in effect the federal Defense of Marriage Act prevents Mercado from sponsoring her partner of 23 years for immigration.

Were the women a married opposite-sex couple, Tan could be legal.

“From the moment my sons were born we have never been apart. It’s tearing me apart to have to leave without them,” said Tan.

Legislation was re-introduced in Congress last month that would allow Americans in a same-sex relationship to sponsor their “permanent partners” for legal residency in the United States.

The Uniting American Families Act was filed in the House by Rep. Jerrold Nadler (D-NY) and in the Senate by Sen. Patrick Leahy.

With Democrats now in Control of the Congress and the White House LGBT advocates are hopeful the measure will become law.’