On February 23, 2011, President Obama declared that he and his administration will not defend the constitutionality of the Defense of Marriage Act (DOMA) and he concludes that all laws that discriminate based on sexual orientation should be presumed unconstitutional. Here is the press release. Since then, there has been more chatter about obtaining immigration benefits for same-sex couples. I have many clients whose lives would change dramatically if immigration benefits are extended to same-sex couples. To have one’s life-partner under the same roof, same country, should not be something that one should have to fight about.
There does seem to be a stealth first step towards offering immigration benefits to same-sex couples but not to US citizens and their partners. The NY Daily News reports that diplomats’ same-sex partners have been offered a J-1 visa to reside in the US for the duration of the diplomat’s term. Here is the article. While it is unfair that this policy has not yet extended to everyone, I am hopeful that this is the very first step in the right direction.
The Huffington Post reports on March 1st, 2011 that there is litigation on the way to halt deportation in three cases based on the unconstitutionality of DOMA. Here is the article. I think this may well be a landmark case to follow.
I do think this is the beginning of a very big change in immigration law. I will continue to add links here to update on this issue.