Defense of Marriage Act (DOMA)

Insightful Houston Immigration Attorney

Same-sex spouses of U.S. citizens and lawful permanent residents are eligible for the same immigration benefits as opposite-sex spouses. This has been the law nationwide since 2013, when the U.S. Supreme Court struck down Section 3 of the Defense of Marriage Act ("DOMA") in United States v. Windsor, and it was further cemented in 2015 when the Court's decision in Obergefell v. Hodges made same-sex marriage a constitutional right in every state.

Before Windsor, DOMA defined "marriage" for federal purposes as a union between a man and a woman, which meant same-sex couples couldn't access federal immigration benefits even if they were legally married in their home state. The Supreme Court held that this violated the Fifth Amendment. Following the ruling, USCIS began reviewing same-sex marriage-based petitions the same way it reviews any other marriage-based petition.

What is DOMA?

DOMA refers to the "Defense of Marriage Act" Section 3, which before June 26, 2013, did not afford same-sex married couples the same benefits that opposite-sex couples could receive. The case that brought the DOMA ruling was United States v. Windsor, which ultimately decided that the term "marriage" is to include same-sex couples.

Previously, the term "marriage" was defined only as a union between a man and woman for the purposes of federal laws and rulings. The Supreme Court of the United States, the highest court in the country, ruled that denying same-sex couples the same benefits that are offered to opposite-sex couples was in direct violation of the United States Constitution because it "was a deprivation of liberty protected by the Fifth Amendment."

How Does DOMA Apply to Same-Sex Couples?

Today, a same-sex marriage is treated exactly like any other marriage for immigration purposes — whether you're filing a spousal petition, applying for a marriage-based green card, or pursuing any other family-based immigration benefit. There is no separate process or additional burden of proof required because a marriage is same-sex.