“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 GillibrandSenators demand Pentagon action after nude photo scandal Chelsea Clinton to be honored by Variety, Lifetime Ten years later, House Dems reunite and look forward MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalSenators introduce new Iran sanctions Senators demand Pentagon action after nude photo scandal Gorsuch rewrites playbook for confirmation hearings MORE (D-Conn.), Ron WydenRon WydenSenate Dem calls for ethics probe of Treasury secretary The Hill’s Whip List: Where Dems stand on Trump’s Supreme Court nominee Overnight Regulation: Senate moves to strike Obama-era internet privacy rules MORE (D-Ore.), Barbara BoxerBarbara BoxerAnother day, another dollar for retirement advice rip-offs Carly Fiorina 'certainly looking at' Virginia Senate run Top Obama adviser signs with Hollywood talent agency: report MORE (D-Calif.), Chris CoonsChris CoonsSenators introduce new Iran sanctions Gorsuch sails on day one, but real test is Tuesday Live coverage: Supreme Court nominee hearings begin MORE (D-Del.), Barbara MikulskiBarbara MikulskiAfter 30 years celebrating women’s history, have we made enough progress? DC restaurant owners sue Trump hotel over unfair competition: report Meet the Trump pick who could lead Russia probe MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseThe Hill's 12:30 Report Dems introduce MAR-A-LAGO Act to publish visitor logs Under pressure, Dems hold back Gorsuch support MORE (D-R.I.), Bernie SandersBernie SandersSanders: Trump budget ‘must be defeated’ The Hill's 12:30 Report Sanders will 'absolutely' work with Trump to lower prescription drug costs MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenThe Hill’s Whip List: Where Dems stand on Trump’s Supreme Court nominee Friends, foes spar in fight on Trump’s Supreme Court nominee Lawmakers share photos of their dogs in honor of National Puppy Day MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenOvernight Finance: Senators spar over Wall Street at SEC pick's hearing | New CBO score for ObamaCare bill | Agency signs off on Trump DC hotel lease Senators demand Pentagon action after nude photo scandal Senate Dems: We won't help pass additional health bills MORE (D-N.H.), Jeff MerkleyJeff MerkleyThe Hill’s Whip List: Where Dems stand on Trump’s Supreme Court nominee Dem senator accuses Trump of 'dangerous tilt towards authoritarianism' Overnight Regulation: Dems punch back in fight over CEO pay rule MORE (D-Ore.) and Patty MurrayPatty MurrayInspector general reviewing HHS decision to halt ObamaCare ads Dems mock House GOP over lack of women in healthcare meeting The Hill’s Whip List: Where Dems stand on Trump’s Supreme Court nominee 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.