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Greg Siskind on Immigration Law and Policy

CALIFORNIA LEGALIZES SAME SEX MARRIAGE, BUT COUPLES MUST WAIT FOR IMMIGRATION EQUALITY

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Even though a number of US states have recognized same sex marriages and civil unions - California today becoming the latest - immigration equality is still a long way off. That's because the Defense of Marriage Act - an unjust relic of the 90s - forbids the federal government from conferring any benefits to same sex couples. Also, it's about time Congress passed the Uniting American Families Act which would establish immigration equality. For information on this bill, go to the web site of Immigration Equality, a human rights group doing important advocacy work in this area. I've written an article that discusses what alternative strategies a couple may pursue to stay together in the US.

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  1. Ryan's Avatar
    Couldn't you argue the full faith and credit clause of the Constitution supersedes DOMA? Such that the Marriage laws of California would demand full faith an credit of the other states and the Federal Government since Congress has no specified authority to govern marriage under Article I.

    I would also think there would be an equal protection issue, but not sure you could argue strict scrutiny would apply. Though the 9th circuit might just be the place to bring that up.

    Just as a side note...the I-130 is gender neutral. Anyone think the USCIS would be bright enough to catch a same sex marriage? Would be interesting to see someone fall through the cracks and get a 2 year conditional green card.

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