The US Second Circuit Court of Appeals issued a major decision this week
ruling the Defense of Marriage Act is unconstitutional. DOMA bars
federal agencies from providing any benefits to individuals in same sex
marriages and unions. And that means US citizens are unable to sponsor
their same-sex spouses for immigration benefits even if the marriage
takes place in one of the growing number of states that allows such
marriages or in a country where same sex marriages are legal. The US
Supreme Court is likely going to be rule on DOMA soon.
The
President has said he believes DOMA is unconstitutional and will not
defend DOMA in court, but will continue to instruct the federal
government to apply DOMA until the law is completely overturn by the
courts or Congress repeals it. However, the Administration did just
announce that same sex marriages and unions will now be a factor in
determining when deportation proceedings will be initiated.
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