In this article we analyze the post DOMA landscape as it pertains to immigrants and their families after the Supreme Court’s decision in United States v. Windsor This decision resulted in marriage equality for federal benefits and obligations as it rendered a federal ban on providing benefits to same sex couples a violation of equal protection and thus unconstitutional. Mark and Tina also describe the increase of options for the same sex spouses of both permanent residents and non immigrant visa holders after Windsor. The article also traces the denial of immigration benefits to same sex couples before the Windsor decision and the gradual change in policy by both Attorney General Holder and the DHS.
Our firm has represented LGBT individuals in asylum cases for many years and we celebrate the fact that the end of the Defense of Marriage Act means that immigrant families will no longer be separated based on sexual orientation.
The full article is at The Federal Lawyer – Immigration Update.