Same Sex Immigration: DOMA Prop 8 Decision Over-Turned
The Supreme court has finally deemed DOMA unconstitutional. For a long time, same sex couples were forced to either choose between their homeland, or their spouses. Same sex couples have faced a long and hard battle to be able to stay together.
Same-sex couples will now be eligible to receive all the same benefits any other couple receives. They will be entitled to; sponsor their spouses, tax breaks, social security and health benefits.
What is DOMA?
DOMA was signed into law under President Bill Clinton on September 21, 1996. It calls for unequal treatment of legally married same-sex couples, selectively depriving them of the almost 1,200 protections and responsibilities that marriage triggers at the federal level.
Under DOMA, married same-sex couples are denied a long list of important protections and responsibilities, including Social Security survivor benefits, immigration rights, family and medical leave, and the ability to pool resources as a family without unfair taxation.
This does not mean that all states will allow same-sex marriages, so there are still quite a few obstacles out there for same-sex couples but the country is now steps closer to treating a same sex marriage like any other.
DOMA has been ruled unconstitutional 10 times. Although not every state will allow a same sex marriage all Federal programs must recognize the marriage as being like any other.
Equality under the law, finally one step closer.
Have You Considered Niren & Associates?
Here at Niren and Associates we take pride in our clients and our work. If you are same-sex couple looking to immigrate to Canada we are here to help. Give us a call and one of our immigration intake specialists will assist you with booking a consultation.
About Fadi Minawi
Fadi primarily practices in US Immigration Law. He assists with matters relating to business immigration (including: relocation, expansion, investments, and work visas), litigation, admissibility issues, customs forfeitures and other cross-border issues. Fadi is also a criminal defense attorney and can assist with criminal matters in the US. Read more
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