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DOMA Repeal Bill Could Give Same-Sex Couples Equal Protection Under Immigration Laws

From Jennifer McFadyen, About.com Guide   September 15, 2009

House Reps. announce bill to repeal DOMA

Today, Congressman Jerrold Nadler (D-NY), Chair of the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, Congresswoman Tammy Baldwin (D-WI) and Congressman Jared Polis (D-CO), along with Congressman John Conyers (D-MI), Congressman John Lewis (D-GA), Congresswoman Nydia Velazquez (D-NY) and Congresswoman Barbara Lee (D-CA), with a total of 91 original co-sponsors to date, introduced the Respect for Marriage Act in the House of Representatives. This legislation would repeal the Defense of Marriage Act (DOMA), a 1996 law which discriminates against lawfully married same-sex couples.

Joe Solmonese, President of the Human Rights Campaign says in the press release that one of the protections same-sex legally married couples would have under the Respect for Marriage Act would be "equal protection under U.S. immigration laws." If that's the case, this bill could be an important piece of legislation for American citizens and their foreign same-sex spouses.

Under current immigration laws, same-sex binational couples are not entitled to the same immigration rights as the spouses of American citizens and lawful permanent residents. However, there is growing support to end this kind of discrimination. Already in Congress is the Uniting American Families Act (UAFA) and the Reuniting Families Act, which seek to put a stop to the discrimination and permit same-sex partners to obtain permanent resident status by amending the Immigration and Nationality Act to allow "permanent partners" within the scope of the Acts. In addition, House members recently sent a letter to Senator Schumer who is drafting comprehensive immigration legislation, urging him to “eliminat[e] discrimination in immigration law against same-sex partners and their families.”

We need more details to properly evaluate what the proposed legislation means to legally married binational couples, but it looks this could be another step in the right direction.

Photo: Chip Somodevilla/Getty Images

Comments

October 1, 2009 at 5:37 am
(1) di :

im hoping..

February 12, 2010 at 8:31 pm
(2) Katie :

Me too. I’m trying to find out if doma was repealed if people who live in states that do not allow gay marriage could get married in another state and get their partner citizenship.

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