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Defense Of Marriage Act

Wednesday, January 2, 2013

State Same-Sex Marriage Laws Don't Protect Against Deportation

Defense of Marriage Act denies immigration by marriage for same-sex spouses.

  While Maryland approved same-sex marriage in early November and licenses for those marriages will be available in many Maryland counties this week, the dream of marriage equality for some couples could end in separation by deportation, according to a recent Washington Post story. The 1996 Defense of Marriage Act (DOMA) defines marriage as "the legal union between a man and a woman" and effectively denies access to pension and inheritance funds as well as the legal right to immigrate via marriage. That could spell deportation for spouses in the U.S. on temporary visas. In fact, the article states that more than 36,000 couples face this possibility. Since the passage of DOMA, 10 states and the District of Columbia have legislated to allow …

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10:11 am on Friday, January 4, 2013

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Thursday, May 31, 2012

Speak Out: Court Rules Marriage Act Unconstitutional

Were the judges right?

A federal appeals court in Boston ruled Thursday that the Defense of Marriage Act — which defines marriage as between one man and one woman — is unconstitutional because it denies benefits to same-sex couples that heterosexual couples receive. The justices stayed the ruling pending an anticipated decision by the U.S. Supreme Court, Bloomberg reported. According to the Huffington Post: "The court didn't rule on the law's more politically combustible provision, which said states without same-sex marriage cannot be forced to recognize gay unions performed in states where it's legal. It also wasn't asked to address whether gay couples have a constitutional right to marry." The judge who wrote the unanimous decision was appointed by President …

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Bora Mici

9:39 pm on Saturday, June 2, 2012

It seems like DOMA is flawed because it seeks to define marriage at the federal level, while also attempting to ensure that states maintain their sovereignity on the matter. It's a paradox.   more ›

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