What the Gay-Marriage Ruling Means for Immigration Reform

<a href="http://www.shutterstock.com/cat.mhtml?lang=en&search_source=search_form&search_tracking_id=DBwhE_Xtw_hzhmxCD_haAw&version=llv1&anyorall=all&safesearch=1&searchterm=gay+marriage+mexican&search_group=&orient=&search_cat=&searchtermx=&photographer_name=&people_gender=&people_age=&people_ethnicity=&people_number=&commercial_ok=&color=&show_color_wheel=1#id=136433399&src=78XfVjUhgaVrcOqnYRp1Bg-1-0">Christophe Boisson</a>/Shutterstock

Facts matter: Sign up for the free Mother Jones Daily newsletter. Support our nonprofit reporting. Subscribe to our print magazine.


The Supreme Court’s ruling Wednesday striking down the Defense of Marriage Act is a big victory not only for US citizens in same-sex relationships, but permanent residents who will now be able to petition for permanent residency for their foreign-born, same-sex spouses. The decision achieves most of what an amendment to the immigration reform bill introduced by Sen. Patrick Leahy (D-Vt.) sought. The controversial measure, which some lawmakers worried could blow up the bill, stood little chance of making it into the final version of the legislation because of Republican opposition. LGBT proponents of immigration reform thus had been waiting eagerly for the DOMA ruling to come down. Wednesday’s ruling effectively made the amendment a moot point. 

In a statement hailing the decision, Leahy said “there is still work to be done” but “I applaud this important milestone in the continued march toward equality and pledge to work to ensure that all our laws respect the rights of every American.” But he didn’t immediately address how Wednesday’s news affects his amendment. “At this point, he’s not also getting into the immigration bill matter,” David Carle, a Leahy spokesman, said.

The Supreme Court decision, which found DOMA unconstitutional on equal-protection grounds, will allow the federal government to give same-sex couples the same benefits as straight married couples under more than 1,000 laws, which includes the right to petition for green cards for foreign-born spouses who married legally but are in the country on temporary visas. The decision is also good news for Democrats, who will no longer face pressure from frustrated LGBT immigration advocates to inject the controversial issue into the immigration reform debate at the last minute before the Senate votes on the bill later this week.

In a statement, Rachel Tiven, executive director of the LGBT-rights group Immigration Equality, said, “Today’s decision closes a discriminatory chapter in American immigration law. For 40 years, LGBT individuals were turned away at our borders; Congress called us unfit to be Americans. For LGBT couples, that exclusion continued until today. The court did what Congress would not, and recognized that all loving couples are the same under the Constitution.”

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate