The Supreme Court heard arguments today challenging
the constitutionality of the Defense of Marriage Act (DOMA), which defines marriage
as between one man and one woman. The case,
called United States v. Windsor, challenged
whether Congress can pass laws that treat married same-sex couples differently
than opposite-sex couples. Ordinarily,
it is up to the states to decide who it will allow to marry and how. In the arguments today, even Justice Kennedy
(typically regarded as the swing vote) expressed concern that DOMA was stepping
on states’ powers.
While the case doesn’t address the
constitutionality of gay marriage itself, a ruling in favor of DOMA's opponents
could have a significant impact on federal benefits available to gay couples,
including the right to remain in the country through a green card. Under current immigration law, heterosexual married
couples may sponsor their immigrant spouse to get a green card. DOMA prevents same-sex married couples from
doing the same, even though they were legally married in a state that
recognizes gay marriage.
Although the current administration opposes
DOMA on the grounds that it violates the equal protection clause of the
Constitution, there still are no concrete protections in place for same-sex
couples. Last fall, the Department of Homeland
Security Secretary Janet Napolitano announced that the department would recognize
gay spouses as being the same as heterosexual spouses when deciding whether
to deport someone. But this did not go
far enough. Many same-sex couples remain
in limbo, unable to travel or visit family if undocumented, or maintaining a life
and relationship on time-limited tourist visas.
If the Supreme Court finds DOMA
unconstitutional, it is likely that same-sex married couples will be
immediately able to petition for all federal benefits, including immigration
status. For more information, check out this
New York Times article
and links to a transcript and recording of the oral arguments here.
