The Defense of Marriage Act (DOMA) had both created a federal definition of marriage barring recognition of same sex couples as well as provided a federal legal basis for states to not legally recognize otherwise valid same-sex marriages performed within other states and foreign countries. During litigation challenging the validity of DOMA, the Obama administration, while required to continue to enforce DOMA, did exercise executive discretion by refusing to continue to defend the law’s constitutionality before the U.S. Supreme Court.
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Towards the end of 2013, residents of Philadelphia were among the many people across the nation who called on President Obama and the U.S. Congress to deliver on their promises to improve the country’s immigration system. As the calendar year changes with no reforms in sight, advocates are preparing to intensify their efforts to make their voices heard.
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What is DOMA?
Section 3 of the Defense of Marriage Act (DOMA) was signed into law by Bill Clinton in 1996. DOMA imposed for federal purposes a heterosexual definition of marriage despite any state definition to the contrary. The typical and normal deference to state definitions was thereafter supplanted by this new federal mandate which for the better part of two decades controlled and barred Federal recognition of same-sex couples married legally abroad or in the growing number of states that enforced and protected marriage equality. The impact of DOMA was to prevent any immigration (or other federal) benefit from accruing to couples where they were otherwise legally married. A couple married in Massachusetts therefore could not file to get a greencard based on their marriage nor could they file jointly their federal tax returns or enjoy any of the oft-noted 1000+ federal benefits and obligations which legal matrimony traditionally entailed. After DOMA, for Federal purposes, same-sex marriages in the United States did not exist. >>Continue Reading
Section 3 of the Defense of Marriage Act (DOMA) was signed into law by Bill Clinton in 1996. DOMA imposed for federal purposes a heterosexual definition of marriage despite any state definition to the contrary. The typical and normal deference to state definitions was thereafter supplanted by this new federal mandate which for the better part of two decades controlled and barred Federal recognition of same-sex couples married legally abroad or in the growing number of states that enforced and protected marriage equality. The impact of DOMA was to prevent any immigration (or other federal) benefit from accruing to couples where they were otherwise legally married. A couple married in Massachusetts therefore could not file to get a greencard based on their marriage nor could they file jointly their federal tax returns or enjoy any of the oft-noted 1000+ federal benefits and obligations which legal matrimony traditionally entailed. After DOMA, for Federal purposes, same-sex marriages in the United States did not exist. >>Continue Reading
A group of bipartisan Senators have announced a framework to begin to fix our broken immigration laws. The following outline bodes well for most of the estimated 12 million out of status individuals currently living and working in the United States. The group of 8 Senators stated the following four “legislative pillars’ to comprehensive immigration reform. It is a good start!
- Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;