“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 GillibrandMcCain to support waiver for Mattis, Trump team says Dem senator comes out against waiver for Mattis to be Defense head Dem senator on Sessions: 'I don't know how he can be attorney general' MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalObama will sign Iran sanctions bill passed by Senate Victims of Nazi Art theft need Congress to HEAR GOP wants to move fast on Sessions MORE (D-Conn.), Ron WydenRon WydenSenate passes college anti-Semitism bill Overnight Finance: Trump takes victory lap at Carrier plant | House passes 'too big to fail' revamp | Trump econ team takes shape Senate Dems: Force Cabinet nominees to release tax returns MORE (D-Ore.), Barbara BoxerBarbara BoxerTrucking riders ‘in the mix’ for short-term spending bill Lawmakers praise defense bill's National Guard bonus fix Schumer’s elevation to leader spells trouble for Democrats MORE (D-Calif.), Chris CoonsChris CoonsOvernight Defense: Trump reportedly picking Mattis for Defense chief Dem senator: Petraeus would have ‘real challenge’ on confirmation Overnight Tech: Lawmakers look at US edge in artificial intelligence | Walden favored for Energy, Commerce gavel | Tech reaches out to Trump MORE (D-Del.), Barbara MikulskiBarbara MikulskiOvernight Cybersecurity: Last-ditch effort to stop expanded hacking powers fails Intel Dems push for info on Russia and election be declassified Senate Dems push Obama for info on Russian election interference MORE (D-Md.), Sheldon WhitehouseSheldon WhitehouseGOP wants to move fast on Sessions Dem senator backing Sessions for attorney general Dems pledge to fight Sessions nomination MORE (D-R.I.), Bernie SandersBernie SandersDemocrats offer double-talk on Veterans Affairs Dean drops out of DNC chairmanship race Sanders vs. Trump: The battle of the bully pulpit MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenDems press Trump to keep Obama overtime rule GOP wants to move fast on Sessions Overnight Cybersecurity: Lawmakers pushing for vote to delay warrant rule changes MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenOvernight Tech: Venture capitalists' message to Trump | Bitcoin site ordered to give IRS data | Broadband gets faster Dem senator: Hold hearing on Russian interference in election Scott Brown suggests voter fraud in NH without evidence MORE (D-N.H.), Jeff MerkleyJeff MerkleyDem senator to Trump: 'You have no mandate' GOP senators wary of nuking filibuster Dem senators charge: Trump not draining the swamp MORE (D-Ore.) and Patty MurrayPatty MurrayOvernight Finance: Trump takes victory lap at Carrier plant | House passes 'too big to fail' revamp | Trump econ team takes shape Senate Dems: Force Cabinet nominees to release tax returns Dems press Trump to keep Obama overtime rule 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.