California, USA: Federal Judge Clears Way For Binational Couple To Sue Over DOMA

Written by scott on April 22nd, 2013

California MapA federal judge in Los Angeles clear the way for a lawsuit brought by a binational lesbian couple against the Defense of Marriage Act. LGBTQ Nation reports:

A lesbian couple facing immigration troubles has the standing to challenge the federal Defense of Marriage Act because it violates the constitutional rights of immigrants in same-sex marriages, a federal judge in California has ruled. U.S. District Judge Consuelo Marshall also ordered Friday that the lawsuit, filed last year on behalf of Philippines citizen Jane DeLeon and her spouse Irma Rodriguez, can proceed as a class-action case. DeLeon claimed in the lawsuit that she was eligible to obtain a green card, but wasn’t able to get a waiver she needs to obtain residency here because the U.S. government doesn’t recognize her same-sex marriage to an American.

This case could prove important for the many binational same-sex couples here in the US, especially if the proposed immigration reform in Congress either fails or does not include these couples. The US Supreme Court’s pending decision on DOMA may also offer some relief, but it never hurts to have a backup plan.

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