This week the U.S. Supreme Court issued its decision in United States v. Windsor striking down section 3 of the DOMA, the Defense of Marriage Act, stating that the act violated equal protection protected under the 5th amendment to the Constitution. As a result of this decision, gays and lesbians cannot be discriminated against with respect to receipt of federal benefits.
This case will totally change the landscape of immigration law for gay and lesbian couples who are citizens of different countries. Secretary of Homeland Security Janet Napolitano issued a statement vowing that the federal government will immediately begin implementing the Windsor decision “so that all married couples will be treated equally and fairly in the administration of our immigration laws.”
Stay posted for further developments on the actual implementation of this decisive victory for gay and lesbian couples.