18 Nov Same sex marriage and Immigration

On June 26, 2013; the United States Supreme Court held in United States v. Windsor that the federal interpretation of ‘marriage’ and ‘spouse’ as legislated in Section 3 of ‘DOMA’ to that of strictly heterosexual unions was unconstitutional because it denied legally married same-sex couples their due process under the Fifth Amendment. This landmark decision removed a decades old ban on the federal recognition of same-sex marriages, and effectively opened the door for married same-sex couples to be recognized by the federal government and thus to receive federal benefits that are also conferred to opposite-sex married couples; including the privilege for US Citizens and Legal Permanent Residents to sponsor their foreign born spouses for immigration to the United States.

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