“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 GillibrandSanders, not Trump, is the real working-class hero Dem senator predicts Gorsuch will be confirmed A guide to the committees: Senate MORE (D-N.Y.), Richard BlumenthalRichard BlumenthalPoll: Senate should confirm Gorsuch A guide to the committees: Senate Senate Dems ask DHS inspector general for probe of Trump’s business arrangement MORE (D-Conn.), Ron WydenRon WydenMnuchin aiming for tax reform by August Dems rip Trump administration for revoking Obama's transgender directive IPAB’s Medicare cuts will threaten seniors’ access to care 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 WhitehouseA guide to the committees: Senate Pruitt confirmation sets stage for Trump EPA assault Senate Dems ask DHS inspector general for probe of Trump’s business arrangement MORE (D-R.I.), Bernie SandersBernie SandersSanders: 'If you don't have the guts to face your constituents,' you shouldn't be in Congress President Trump, immigrants are not 'bad dudes' Why the GOP cannot sweep its Milo scandal under the rug MORE (I-Vt.), Frank Lautenberg (D-N.J.), Al FrankenAl FrankenDeVos: 'My job isn’t to win a popularity contest with the media' Kentucky Dem lawmaker questions Trump's mental health Americans should get used to pop culture blending with politics MORE (D-Minn.), Jeanne Shaheen Jeanne ShaheenDem senator asks for 'top to bottom' review of Syria policy A guide to the committees: Senate Mattis on rise in Trump administration MORE (D-N.H.), Jeff MerkleyJeff MerkleyPoll: Senate should confirm Gorsuch A guide to the committees: Senate Senate advances Trump's Commerce pick MORE (D-Ore.) and Patty MurrayPatty MurrayA guide to the committees: Senate Overnight Healthcare: Trump officials weigh fate of birth control mandate | House, DOJ seek delay in ObamaCare lawsuit Top lawmakers from both parties: 'Vaccines save lives' 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.