Monday, October 29, 2012

Defense of Marriage Act is ruled unconstitutional

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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