SUPREME COURT STRIKES DOWN ANTI-GAY “DEFENSE OF MARRIAGE ACT” IN HISTORIC RULING

MARRIAGES OF SAME-SEX COUPLES NOW RECOGNIZED BY THE FEDERAL GOVERNMENT, EFFECTIVE IMMEDIATELY


Gay American Citizens Can Now Sponsor Foreign-Born Spouses for Green Cards, Ending Immigration Nightmare

In a groundbreaking and historic ruling, the Supreme Court of the United States has placed itself on the right side of history and found Section 3 of the Defense of Marriage Act (DOMA) to be an unconstitutional exercise of federal authority and a violation of the equal protection guarantee of the U.S. Constitution in a 5-4 decision authored by Justice Kennedy.  Originally signed into law by President Bill Clinton in 1996, DOMA has denied lawfully married gay and lesbian couples from the benefits and protections of more than 1,100 federal provisions.  These wide-ranging benefits include all of immigration law and the right of an American citizen to sponsor his or her spouse for a green card and to file a fiancé(e) visa petition to bring his or her partner to the United States.

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Writing for the Court, Justice Kennedy stated unequivocally that,

“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.  By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”

The DOMA Project has filed over 70 green card and fiancé(e) visa petitions for same-sex couples since its inception in 2010.  The sole basis for denial by the United States Citizenship and Immigration Services (USCIS) was Section 3 of DOMA.  After today’s ruling, that obstacle has, at long last, been removed.

Lavi Soloway, gay rights attorney and co-founder of the DOMA Project, offers his view on the ruling:

“Today’s historic ruling puts millions of lesbian and gay Americans and their families on equal footing under federal law.  By ending the discrimination against married same-sex couples, the Supreme Court has extended the promise of equality granted by the U.S. Constitution to all Americans regardless of sexual orientation.  Beginning today, lesbian and gay Americans will be able to file green card petitions for their foreign-born spouses and fiancé(e) visa petitions to bring their partners to the United States. The federal government will no longer stand in the way of lesbian and gay binational couples who seek nothing more than to build a life together in the United States.  The Supreme Court’s ruling is the culmination of years of the tireless efforts of courageous and determined couples who stood up for the right to be together, and fought back against a government that sought to tear apart their families.  We expect the U.S. Citizenship and Immigration Services to begin approving green card petitions for married lesbian and gay couples immediately.”

The defeat of DOMA effectively means the end to deportation of spouses of gay and lesbian Americans who will now be eligible for green cards. It will reunite same-sex couples who have been torn apart and forced to live in separate countries, including many cases in which parents have been separated from their minor children, and it will end the exile of gay and lesbian Americans who have been forced to live abroad in order to be with the person they love.  With Section 3 of DOMA gone, our family-based immigration laws will now treat all families equally, regardless of sexual orientation.

The following couples are available for interviews and press:

Brian & Alfonso

San Francisco / Bay Area, CA

Donna & Dana

Los Angeles, CA

Shaun & John

Los Angeles, CA

Judy & Karin

San Jose, CA

Catriona & Cathy and their 3 children

Boulder, CO

Paul & Michael

Snowmass Village, CO

Daniel & Yohandel

Miami, FL

Andi & Sveta

Macomb, IL

Lujza & Joy

Lexington, KY

Caroline & Laurie

Somerset, MA

Anton & Marco

Separated:

Anton: Madison Heights, MI

Marco: Italy

Brad & Christian

Separated:

Brad:  Kalamazoo, MI

Christian:  Uruguay

Becky & Sanne and their daughter

Asheville, NC

Ed & Tim

Separated:

Ed: Durham, NC

Tim: Cairo, Egypt

Margie & Janice

Waxhaw, NC

Ben & Dario

Elizabeth, NJ

Jennifer & Rachel

Secaucus, NJ

Enzo & Juan

New York City, NY

Luke & Brandon

New York City, NY

Glen & Tom

New York City, NY

James & Daniel

New York City, NY

Eric & Reinaldo

New York City, NY

Jesse & Maximiliano

Exiled to London, England

From: New York City, NY

Tom & Emilio

Exiled to Ontario, Canada

From: New York City, NY

Frédéric & Mark and their 4 children

Harrisburg, PA

Brian & Anton

Philadelphia, PA

Jon & Sergio

Providence, RI

Sarah & Emma and their baby son

Exiled to the Chapel-en-le-Frith, UK

From: Tiverton, RI

Andy & Achim

Exiled to Germany

From: Nashville, TN

Jennifer & Elizabeth

Houston, TX

Steven & Ricardo and their baby son

Tukwila, WA

For more information about any couple listed above or our campaign, and to schedule an interview, please contact Project Associate Derek Tripp or Lavi Soloway, attorney and co-founder of The DOMA Project.


Lavi Soloway, Attorney and Co-Founder - Phone: 323-599-6915  

Derek Tripp, Project Associate - Phone: 646-535-3788

 

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This is a pro-bono project of the law firm of Masliah & Soloway, PC. Posts on this website are offered for informational purposes only and do not constitute legal advice. The law firm of Masliah & Soloway, PC has offices in New York and Los Angeles. Our practice is limited to U.S. Immigration & Nationality Law.