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Greg Siskind on Immigration Law and Policy

Defense of Marriage Act Dealt Another Blow in the Courts

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The 1st Circuit Court of Appeals Court ruled unanimously today that the Defense of Marriage Act provisions requiring federal agencies to recognize same sex marriages conducted in jurisdictions where such marriages are unconstitutional. Those provisions in DOMA prevent USCIS from accepting applications from USC citizens seeking to sponsor same sex spouses for immigration benefits.


While the ruling is welcome, the court will delay implementing the decision until the Supreme Court decides if it wants to take up the case. Most legal pundits believe the Supreme Court will likely take up the case next year.


The White House has stated it believes the law and is not defending it in court anymore (Republicans in Congress are financing the defense). But the Administration is also allowing federal agencies to carry out the law and is insisting the courts must reach a final decision throwing out the law before it will stop enforcing it.

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