From The Washington Post editorial board:
PAUL WILSON DORMAN, a citizen of the United Kingdom, came to the United States on a visitor’s visa in 1996 and never left. He met an American man who became his partner of 15 years. They have jointly purchased property and made out wills with the other as beneficiary. In 2009 they entered into a civil union in New Jersey. …
Two immigration courts concluded that the Defense of Marriage Act (DOMA) precludes recognition of his same-sex partner as a spouse. …
The attorney general has vacated the court decision and asked the Board of Immigration Appeals whether Mr. Dorman’s civil union makes him a “spouse” under New Jersey law and whether, absent DOMA, he would be considered a “spouse” under immigration law. Mr. Holder should erase any confusion by declaring a moratorium on removal of foreign nationals in state-recognized same-sex unions until federal courts determine DOMA’s constitutionality. He should ensure that the government is not focusing on breaking up otherwise law-abiding families.
For more background, read this earlier report at Metro Weekly.
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