For once, a good decision from the US Supreme
Court allowing federal benefits for same-sex married couples. Richard A King MJoTA 2013 v8n1 p0626
Today, June 26 20013, the US Supreme Court
finally made an uncharacteristically good and correct
decision in striking down the Defense of Marriage Act (DOMA), thereby
recognizing the fundamental right of Americans to marry whomever they choose to
without suffering the snares of discrimination by their government.
Among other wide ranging
benefits, this decision will immediately allow all same-sex married couples in
certain states to receive the same scrutiny and benefits when they submit
applications for US Immigration benefits such as visas and Green Cards.
The Supreme Court ruled that
married same-sex couples were entitled to federal benefits calling the federal
statute invalid, with no legitimate purpose except to “disparage and injure
those whom the State, by its marriage laws, sought to protect in personhood and
dignity”.
It determined that DOMA is as an unconstitutional violation of the
Fifth Amendment; a deprivation of the equal liberty of persons that is
protected by the Fifth Amendment. In this decision, the Supreme Court upheld
its long held sacred role of protecting the fundamental rights of discrete, disfavored
minorities.
Many same-sex families have been denied immigration benefits and
have fought for years to legally remain in the United States. Now, these Americans
will be able to seek residency visas, or green cards, for their spouses of the
same sex.
The Obama administration has refrained during the past two years
from carrying out deportations of immigrants in same-sex couples, but the
foreigners remained in legal limbo tens of thousands of gay Americans who are
married to foreigners. They will be able for the first time to apply for
permanent resident visas for their spouses and will no longer live with the
fear the couple could be separated by deportation.
President Obama applauded today’s decision
remarking that “the laws of our land are catching up to the fundamental truth
that millions of Americans hold in our hearts: when all Americans are treated
as equal, no matter who they are or whom they love, we are all more free”.
