Waiting on the DOMA ruling

[Smartmarzipan]

Bi-national couples in 'surreal' wait for DOMA decision
http://www.washingtonblade.com/2013/06/ ... rep-story/

After being together for five years, Heather and Maria "Mar" del Mar are making their final preparations in anticipation of a ruling from the Supreme Court that could mean they can stay together in the United States.

Heather, a U.S. citizen, and Mar, a Spanish national, have already completed their I-130 marriage-based green card application and have sent it to the LGBT group Immigration Equality with the expectation that the high court will strike down the Defense of Marriage Act.

"We're actually largely done with that," Heather said. "Our intention on that front is, of course, to file that petition the first day it's legally viable to do so."

Although Mar has legal status because she's living in the United States on a work visa, it expires in November. Section 3 of DOMA, which prohibits federal recognition of same-sex marriage, has blocked the New York City couple, who married in 2011, from a more permanent solution.

In March of last year, U.S. Customs & Immigration Enforcement denied Heather and Maria a marriage-based green card based on an earlier application, citing DOMA as the reason. They're one of the estimated 28,500 bi-national same-sex couples in danger of separation.

That could change in the coming days. The Supreme Court is expected to deliver a ruling on the constitutionality of DOMA as a result of pending litigation along with ruling in a separate case challenging California's Proposition 8.

If the court rules DOMA is unconstitutional, blocking the U.S. government from enforcing it, USCIS will have no legal reason to withhold the marriage-based green card from Heather and Mar.

And what if the Supreme Court rules in favor of DOMA? Heather said it's not an outcome they like to consider, but in that event, they'd pursue additional litigation, find a way to renew Mar's work visa and push for the inclusion of gay couples in comprehensive immigration reform legislation.

"To be honest, it will just be devastating; all of those things are just technically the things that we'll do," Heather said. "I'll tell you what we're going to do; we're going to start a family anyway because we refuse to live at the effect of our circumstances. We've already postponed things in our life much more than is fair — and we'll consider the option of moving to Spain where our marriage is recognized."

But Heather and Mar are just one of many bi-national same-sex couples readying for a Supreme Court ruling that would ensure they can stay together in the United States.

Rachel Tiven, executive director of Immigration Equality, said she's expecting thousands of green card applications from bi-national same-sex couples in the months following a court ruling against DOMA.

"We think that there will be over the first year many thousands," Tiven said. "I think in the remaining five months of the year, we'll see something between 2,000 and 10,000 applications, but that's a guess."

In the meantime, Tiven said her organization is already preparing some applications for same-sex bi-national couples and making plans for others to renew applications that were previously denied.

Should the court strike down DOMA, Blum said they'll celebrate by gathering at the Stonewall Inn in New York City, where riots began in 1969 that were considered the start of the modern gay rights movement.

"Legally, factually, I just can't see the Supreme Court determining any other way," Blum said. "Like I said, there's no other option."

Lavi Soloway, a gay immigration attorney at Masliah & Soloway and co-founder of The DOMA Project, said his firm worked for several months on preparing to file new marriage-based green card applications — some on the day the court issues a decision against DOMA — and has several filed in 2011 and 2012 that haven't yet been denied.

"The couples have undertaken the preparation with the understanding that that the Supreme Court ruling on DOMA is not something that we can predict in advance, but it would be fair to say that their perspective, like mine, is cautiously optimistic," Soloway said.

Can't wait to hear the ruling. Sooooo many lives are going to be changed. :)

[WitchSabrina]

For those unaware of DOMA

http://en.wikipedia.org/wiki/Defense_of_Marriage_Act

[_Xenu_]

If they don't intend to make changes, there's no reason they would have taken the case. The only real question is how far they will go.

[WitchSabrina]

http://www.nytimes.com/2013/03/29/us/po ... d=all&_r=0

::sigh::

[Smartmarzipan]

http://www.nytimes.com/2013/03/29/us/politics/for-obama-tricky-balancing-act-in-enforcing-defense-of-marriage-act.html?pagewanted=all&_r=0

::sigh::

Well, the sooner this is over, the better. :|

[_Xenu_]

http://www.nytimes.com/2013/03/29/us/politics/for-obama-tricky-balancing-act-in-enforcing-defense-of-marriage-act.html?pagewanted=all&_r=0

::sigh::

Well, the sooner this is over, the better. :|

Take the good with the bad, Smarzy. Exodus International, a gay to straight Christian ministry, is shutting down.

http://www.freedomrequireswings.com/201 ... eader.html

[Smartmarzipan]

http://www.nytimes.com/2013/03/29/us/politics/for-obama-tricky-balancing-act-in-enforcing-defense-of-marriage-act.html?pagewanted=all&_r=0

::sigh::

Well, the sooner this is over, the better. :|

Take the good with the bad, Smarzy. Exodus International, a gay to straight Christian ministry, is shutting down.

http://www.freedomrequireswings.com/201 ... eader.html

Oh, yeah, I saw that! Someone made a thread about it in the Christianity subforum, I believe.

viewtopic.php?f=18&t=1313