26/06/2013
Just finished reading the Supreme Court of the United States opinion in US v. Windsor, the case that dealt with the Defense of Marriage Act. As I looked at news sites and comments from others, I encourage all of you to read the Court's opinion, because it may not be what you think it is or determines. Essentially, the Court has not determined that the definition of marriage is solely and completely the right of the state and not the Federal Government. In this case, the Federal Government under DOMA does not have the right to tell a state how to define what is or is not a legal marriage. If NY, CA, and other states want to consider same s*x marriage as a legal marriage, then the Federal Government must accept this; however, if a state such as Texas does not recognize same s*x marriage as legal, then they are perfectly free to do so. Therefore, from an Immigration perspective, I am not sure how USCIS will give immigration benefits to persons who live in states that do not consider same s*x marriage legal since the Court did not address the issue of "Full Faith and Credit" between states concerning the acceptance of one state's laws in another state. That is a different question that will need to work its way through the courts. What is clear, is that the states have the ultimate authority to determine the definition of what constitutes a valid marriage.