Board of Immigration Appeals Holds DOMA Irrelevant For Same-Sex Marriage Immigration Cases if Marriage Valid in the State Celebrated
The Board of Immigration Appeals recently held that Section 3 of the Defense of Marriage Act (“DOMA”) is no longer an obstacle to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was held.
The U.S. Department of State applauds the Supreme Court’s decision striking down an unjust and discriminatory law and increasing freedom and equality for LGBT Americans.
As a Senator, I voted against DOMA in 1996 and argued that it was unconstitutional. As Secretary of State, I look forward to the work that now can and must be done to adjust rules and regulations that affect the many married Americans who were hurt by this law. While I am incredibly proud of the job that the State Department has done in ensuring equal benefits for our employees, there’s more to be done. To fully implement the requirements and implications of the Court’s decision, we will work with the Department of Justice and other agencies to review all relevant federal statutes as well as the benefits administered by this agency. We will work to swiftly administer these changes to ensure that every employee and their spouse have access to their due benefits regardless of sexual orientation both at home and abroad.
I am proud of the progress we’re making in this arena, and particularly proud that I work for a President who has helped to lead the way forward. From Stonewall to the repeal of ‘Don’t Ask, Don’t Tell,’ despite setbacks along the way, the arc of our history on this issue has bent towards inclusion and equality, perhaps never more so than today.
Implementation of the Supreme Court Ruling on the Defense of Marriage Act
Statement from Secretary of Homeland Security Janet Napolitano:
“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”
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