New York Lawyer's Legal Updates

U.S. Supreme Court Struck Down Section 3 Of The DOMA

Author: US Immigration Lawyer Alena Shautsova

Dear Friends,

We are happy to share the recent news that on June 26, 2013, Justices of the U.S. Supreme Court in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman, noting that “DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal.”

President Obama, Secretary of Homeland Security Janet Napolitano and a number of other officials all confirmed that the Federal benefits will be available for the same sex couples. It means that for the first time in the U.S. history gay marriages will be recognized for immigration purposes and the U.S. citizen and permanent resident gay spouses will be equally allowed to sponsor their spouses to receive immigration benefits. This is an outstanding and precedential achievement for the LGBT community.

Janet Napolitano:

I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits.  I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.

For more information contact Alena Shautsove at 917-885-2261 or

27 June 2013
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