The July 6 ID has a link to an article in The Advocate indicating that both the Obama administration and some Immigration Judges are increasingly unwilling to deport a foreign born person who is in a same sex marriage relationship with a US citizen, due to doubts about the constitutionality of DOMA (Defense of Marriage Act). However, if DOMA is unconstitutional (as I believe it is, on the grounds of denial of equal protection, since the statute is a clear example of invidious discrimination, as argued by Justice O'Connor in her concurring opinion in Lawrence v. Texas, mentioned in one of my comments last week) then it is unconstitutional for all purposes.
It makes no sense to diregard DOMA in order to save someone from deportation, but then rely on it as an excuse to deny that same person, or someone else, a green card. But this kind of elementary logic seems to be lost on the Obama administration, which, as usual, wants to have it both ways on this and almost every other issue. One can only conclude that the difference between disregarding DOMA in the one case but relying on it in the other is political, not conceptual.
Speaking of politics, one of the very few issues that both of the major parties seem to have no difficulty agreeing on is that America needs to increase its exports in order to boost its economy. As shown by Uganda's same sex persecution bill, which includes a death penalty provision and is apparently still alive with strong support from right wing bigots in the US (see my comment in the 07/06/ID), America already is a major exporter of a popular product of which we may arguably be among the world's leading producers - hate.
About The Author
Roger Algase is a graduate of Harvard College and Harvard Law School. He has been practicing business immigration law in New York City for more than 20 years
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