DOMA Ruling Opens Doors for Immigration for Same-Sex Spouses

"A Hollywood genius might have been hard-pressed to produce a more perfect ending to Melanie Servetas' story. Servetas was marrying the love of her life Wednesday morning near a picturesque Rio de Janeiro beach. At the same time, the U.S. Supreme Court was striking down the 1996 Defense of Marriage...

For Gay Immigrants, Marriage Ruling Brings Relief and a Path to a Green Card

"The Supreme Court’s decision on Wednesday to strike down the federal law against same-sex marriage brought a stunning improvement in the lives of Steven Infante, an immigrant from Colombia, and his American husband — less than an hour after the ruling was announced. Mr. Infante and...

DHS: Implementation of Supreme Court Ruling on DOMA

"Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication...

USCIS on Implementation of the Supreme Court Ruling on the Defense of Marriage Act

USCIS, July 2, 2013 : Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision...

State Net Capitol Journal: Governors Brace For Marriage Fight To Return To States

Governors reacted somewhat predictably to the Supreme Court's historic decisions supporting same-sex marriage last Wednesday, with Democrats hailing the rulings and Republicans bemoaning them. But there is one thing both sides can agree on: the battle over gay marriage is sure to now shift back to...

Excerpts From the July 15, 2013, Bender’s Immigration Bulletin

DHS Begins Implementing Decision on DOMA On Wednesday, June 26, Secretary of Homeland Security Janet Napolitano announced that DHS would immediately begin to implement the Supreme Court decision invalidating section 3 of the Defense of Marriage Act. In a statement, Napolitano said that the provision...

Pregúntale a Lambda Legal: Después de DOMA: ¿Qué significa para ti?

Por Susan Sommer, Directora de litigio constitucional para Lambda Legal P: Ahora que DOMA ha desaparecido, ¿qué significa para mi familia? A: La victoria en la Corte Suprema de los Estados Unidos fue un tiempo increíble para nuestra comunidad, pero también sabemos que...

Ask Lambda Legal: After DOMA: What Does it Mean for You?

By Susan Sommer, Director of Constitutional Litigation Q: Now that DOMA is gone what will it mean for my family? A: The victory at the Supreme Court was an amazing time for our community but we also know there will be a lot of questions in the weeks and months ahead. There are more than 1,100 places...

BIA on DOMA, the INA and same-sex marriage: Matter of Zeleniak

Section 3 of the Defense of Marriage Act, Pub. L. No. 104 199, 110 Stat. 2419, 2419 (1996), is no longer an impediment to the recognition of lawful same-sex marriages and spouses under the Immigration and Nationality Act if the marriage is valid under the laws of the State where it was celebrated. -...

Bad Timing, Alberto: BIA Confirms Immigration Benefits for Same-Sex Spouses after U.S. v. Windsor

"Former Attorney General Alberto Gonzales, along with an immigration attorney, David Strange, published an Op Ed in the New York Times entitled What the Court Didn’t Say on July 17, 2013. They muddy the waters by contending that despite the recent Supreme Court decision in United States v...

U.S. v. Windsor Webinar, Aug. 1, 2013

U.S. v. Windsor: Implications for International Students and Scholars and their Host Institutions Thursday, August 1, 2013 12:00 PM - 1:00 PM EDT "On June 26, 2013, the Supreme Court of the United States held in U. S. v. Windsor that the Defense of Marriage Act (DOMA) is unconstitutional....

USCIS Updates Same-Sex Marriage FAQ

"USCIS has published additional frequently asked questions based on the Supreme Court’s United States v. Windsor ruling, which invalidated part of the Defense of Marriage Act. This information is available on the USCIS website on the Same-Sex Marriages Web page within the Family section. We...

Immigration Benefits and Pitfalls for LGBT Families in a Post-DOMA World - Practice Advisory

"In United States v. Windsor , the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. With the end of DOMA, married LGBT binational couples can access the panoply of marriage-based immigration benefits and forms of relief from removal. This practice advisory...

Federal District Court Awards Pension Benefit to Same-Sex Spouse

by Brian M. Pinheiro, Alisa M. Huth, and Diane A. Thompson, Ballard Spahr LLP The U.S. District Court for the Eastern District of Pennsylvania has ordered a profit sharing plan to pay death benefits to the same-sex spouse of a deceased employee. This decision is the first to address same...

DOS Cable on DOMA

"UNCLASSIFIED STATE 00112850 AUG 13 SUBJECT: NEXT STEPS ON DOMA - GUIDANCE FOR POSTS 1. On June 26, 2013, the Supreme Court held Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That decision has many immigration-related implications for same sex couples. 2. Beginning...

DOL Guidance Clarifies FMLA Rights for Same-Sex Couples

It has been nearly two months since the U.S. Supreme Court nullified Section 3 of the Defense of Marriage Act ("DOMA"). Yet, the Administration has been largely silent on its interpretation of how the Supreme Court's decision affects the 1,100 plus federal laws that use the term "spouse...

Excerpts From the Sept. 1, 2013, Bender’s Immigration Bulletin

Administration Issues Additional Guidance Following Supreme Court’s DOMA Ruling The State Department and Department of Homeland Security issued further guidance in August on the implementation of the Supreme Court’s ruling in United States v. Windsor , 133 S. Ct. 2675, 2013 U.S. LEXIS...

U.S. Treasury Department Rules on Recognition of Same-Sex Marriage

by Jonathan M. Calpas , Edward I. Leeds , Brian M. Pinheiro , and Diane A. Thompson The U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS) yesterday ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage...

FMLA Now Covers Same-Sex Spouses (Sort Of)

Ever since the Supreme Court invalidated the Defense of Marriage Act in U.S. v. Windsor [ an enhanced version of this opinion is available to lexis.com subscribers ], there has been a lot of hand-wringing over what the decision actually means and its impact on our employment laws. Windsor held that DOMA’s...

IRS Revenue Ruling - IRS Recognizes Same-Sex Marriages Regardless of Domicile

The U.S. Department of the Treasury and the Internal Revenue Service have ruled in Revenue Ruling 2013-17 that same-sex couples, legally married in a jurisdiction that recognizes their marriage, will be treated as married for federal tax purposes. The ruling applies even if the couple lives in a jurisdiction...

National Guards Defy Pentagon Directive on Benefits for Same-Sex Couples

The day after the Pentagon announced that the military would recognize same-sex marriages performed in states where they are legal as a result of the U.S. Supreme Court's June ruling on the issue, the Louisiana and Texas National Guards said they would refuse to process applications for benefits...

Ask Liza: Should We Get Married? Estate Planning for Same Sex Couples Now

By Liza Weiman Hanks | Dear Liza: My long term domestic partner of 30 years and I were registered domestic partners for a few years and then she decided she wanted to be totally financially independent of me so we terminated the agreement last year. We are still together as a couple and live five...

Texas Federal Court Is Latest To Strike Down State Prohibitions On Same-Sex Marriage

On Wednesday, Feb. 26, U.S. District Judge Orlando L. Garcia of the Western District of Texas struck down the Texas ban on same-sex marriage. This ruling was the latest in a series of federal rulings handed down in the wake of the U.S. Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675...

Diana Richmond on Hollingsworth v. Perry and U.S. v. Windsor: After Jubilation, What?

Last month, as a result of the decision of United States District Court Judge John E. Jones III in Whitewood v. Wolf , 2014 U.S. Dist. LEXIS 68771 (M.D. Pa. May 20, 2014), [ enhanced version available to lexis.com subscribers ], the State of Pennsylvania became the 19th state to recognize same-sex marriage...

When Worlds Collide, Pt. 2: The End of DOMA's Reign Over Same-Sex Marriage - Where Are We Now?

by Susan Calistri Boesger, J.D., LL.M * The Decision: U.S. v. Windsor On June 26, 2013, the United States Supreme Court issued a 5-4 decision in United States v. Windsor, 133 S. Ct. 2675 (U.S. 2013) , which declared Section 3 of the Defense of Marriage Act (DOMA, 1 USC § 7) unconstitutional...