I don’t get this…..President Obama says DOMA is unconstitutional and will not defend it in court. Then…you have the situation below where DOMA is used against a gay couple.
This posting is NOT about whether you are for or against gay marriage. It is about the inconsistent application of policy.
One other personal, not legal, observation…these two men have been together 19 years ….do you have any idea how many phoney applications are made by heterosexual foreigners who come to the USA, find a spouse (sometimes money is exchanged), marrying, getting a green card and then divorcing? It is a racket. We sure don’t try and stop those fraudulent relationships/marriages with any vigor. These two men, whether you are for or against, gay marriage, have been together 19 years (and yes, paying taxes!)
“Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse.
Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples…..
…Obama and Attorney General Eric Holder decided earlier this year that the law, commonly known as DOMA, is unconstitutional on equal protection grounds and that the administration would no longer defend it in court. House Republicans hired an outside counsel to defend it instead. However, the administration said it would continue to enforce the law, while exercising discretion on a case-by-case basis….”