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View Diary: Have Dems sold out too early on immigration? Not if they want something to actually pass (317 comments)

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  •  Only partially: (6+ / 0-)

    a basic unconstitutional ruling on DOMA would still leave marriage as a category defined by the states, which means that federal immigration law, such as it is applied, would only change for same-sex couples in which the citizen is domiciled in a state where marriage is legal.  It gets murkier if that marriage is legal and then the citizen moves to another state, or if the marriage was legally contracted abroad, and I don't think anyone quite knows how that'd affect things, really.  And for unmarried same-sex couples living in states where marriage is not legal, the feds don't otherwise have a way to grant them some married-for-the-sake-of-immigration-law status.

    Saint, n. A dead sinner revised and edited. - Ambrose Bierce

    by pico on Wed May 22, 2013 at 12:34:35 PM PDT

    [ Parent ]

    •  I have to disagree. If DOMA (5+ / 0-)
      Recommended by:
      Iberian, James Allen, AoT, wadingo, kimoconnor

      is invalidated and marriage is left to the states, it would not be the state of residence that would determine.  If a valid marriage was entered into (in any of the states where it is legal), the Feds would be bound to accept it, regardless of the domicile of the persons.

      With the Decision Points Theater, the George W. Bush Presidential Library becomes the very first Presidential Library to feature a Fiction Section.

      by Its the Supreme Court Stupid on Wed May 22, 2013 at 12:51:06 PM PDT

      [ Parent ]

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