LGBT Immigration Advocates Plan DOMA Challenge

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Source: The Raw Story

In the wake of the decision by the Obama Administration that Section 3 of the Defense of Marriage Act is unconstitutional and that they would not defend it in court, many LGBT couples are waiting to see just what effect the ruling will have on their access to federal benefits derived from marriage.

Rachel Tiven, the Executive Director of Immigration Equality, says that the ruling "creates a new opportunity for families facing separation or who are separated," and that her organization is planning a legal challenge to U.S. immigration law based on the DOMA decision.

Immigration Equality represents LGBT individuals and their international partners who, because of DOMA, are not entitled to the same benefits (like a green card) under federal immigration law as straight couples. The Administration's decision not to defend the constitutionality of DOMA as it applies to federal law means that there is a opening for the organization to build a legal challenge that could directly impact the rights of binational, married LGBT couples and their families to stay together in this country.

Communications Director Steve Ralls told Raw Story that the organization has "no shortage of couples are anxious and willing to be part of a court challenge" and that they are looking at states that recognize same sex marriage rights -- like Vermont, Massachusetts, Connecticut, New Hampshire and D.C. -- to choose couples to participate in the suit. Because most of the states that recognize same sex marriage lie within the First or Second Circuit, Tiven added, "We're looking very closely at legal questions like which circuit we could file in, which will determine which couples we go to court with."

more: http://www.rawstory.com/rs/2011/03/02/lgbt_immigration_advocates_plan_doma-challenge/