Does the Windsor/DOMA ruling mean federal protections for gay immigrants now? (user search)
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  Does the Windsor/DOMA ruling mean federal protections for gay immigrants now? (search mode)
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Author Topic: Does the Windsor/DOMA ruling mean federal protections for gay immigrants now?  (Read 386 times)
Mr. Morden
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Posts: 44,066
United States


« on: June 26, 2013, 08:55:14 PM »

I don't think it works that way. Federal immigration law looks to see if you are married. If two women marry in NY or NH, they are married for federal purposes and therefore for immigration. DOMA's overturn was precisely about the Feds not having to make their own definition here or average things out.

What if they were married in another country with legal SSM, and neither party lives in, has ever lived in, or intends to live in one of the 12 states with legal SSM?  The federal government recognizes their marriage for the purpose of allowing immigration, but the immigration is to Texas where SSM is not legal?
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