“We urge DHS to hold marriage-based immigration petitions in abeyance until the Supreme Court issues its ruling on same-sex marriage. Holding these cases in abeyance for a few months will prevent hardship to LGBT immigrant families,” the senators wrote.
Under DOMA, federal immigration benefits do not extend to same-sex couples. First and 2nd circuit federal appeals courts have deemed DOMA unconstitutional — the Supreme Court will take the issue up later this year.
Sens. Kirsten GillibrandKirsten GillibrandDems ask Trump admin to protect rule on seniors' health costs Gillibrand: I'm running for Senate, not White House Puerto Rico’s toxic dumps: Obama’s legacy, Pruitt’s opportunity MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalSenate Dems ask DHS inspector general for probe of Trump’s business arrangement If Gorsuch pick leads to 'crisis,' Dems should look in mirror first Senate Dems move to nix Trump's deportation order MORE (D-Conn.), Ron WydenRon WydenSenate Dems move to nix Trump's deportation order DNI confirmation hearing expected on Senate return Senate confirms Mnuchin as Treasury secretary MORE (D-Ore.), Barbara BoxerBarbara BoxerCarly Fiorina 'certainly looking at' Virginia Senate run Top Obama adviser signs with Hollywood talent agency: report Democrats vie for chance to take on Trump as California governor MORE (D-Calif.), Chris CoonsChris CoonsSenate advances Trump's Commerce pick Senate Dems move to nix Trump's deportation order Senate Dem: Trump will hurt Gorsuch's confirmation by undermining judiciary MORE (D-Del.), Barbara MikulskiBarbara MikulskiMikulski on Warren flap: Different rules apply to women It's not just Trump's Cabinet but Congress lacks diversity The Hill's 12:30 Report MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseSenate Dems ask DHS inspector general for probe of Trump’s business arrangement Senate confirms Pruitt to lead EPA Democrats want Pruitt vote delayed over emails MORE (D-R.I.), Bernie SandersBernie SandersDrug importation from other countries will save dollars and lives Sanders: Trump a 'pathological liar' Buttigieg endorsed by ex-treasurer in DNC race MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenAT&T, Time Warner defend deal The Hill's 12:30 Report FCC chair responds to Franken's net neutrality concerns MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenMattis on rise in Trump administration Scott Brown being considered for ambassador to New Zealand: report Senate advances Trump's Commerce pick MORE (D-N.H.), Jeff MerkleyJeff MerkleySenate advances Trump's Commerce pick Senate confirms Pruitt to lead EPA Democrats want Pruitt vote delayed over emails MORE (D-Ore.) and Patty MurrayPatty MurraySenate Dems move to nix Trump's deportation order Oprah's network provides Senate with tape of abuse allegations by Puzder's ex-wife: report How many GOP senators will stand up to megadonor DeVos? Just 2. MORE (D-Wash.) all signed the letter, adding that DOMA is a form of discrimination that creates a “tier of second-class families.”
“The Supreme Court will soon have its voice heard on this discriminatory policy that has already been deemed unconstitutional by two federal courts,” Gillibrand said in a statement Thursday. “In light of those earlier decisions, we must lift the hardship for LGBT families who live in fear of separation based on this antiquated law until the Supreme Court rules. Regardless of the court’s ultimate decision, it is well past time for Congress to recognize the marriages of all loving and committed couples and finally put the discriminatory DOMA policy into the dustbin of history.”
President Obama's administration has come out against DOMA, but many Republicans still support the law, which says marriage is between a man and a woman.