ImmigrationFollowing DOMA decision, DHS will offer gay couples same benefits as straight couples

Published 1 July 2013

DHS secretary Janet Napolitano said that following the Supreme Court’s decision to declare the Defense of Marriage Act (DOMA) unconstitutional, her department will work to give benefits to same-sex legally married couples.

DHS secretary Janet Napolitano said that following the Supreme Court’s decision to declare the Defense of Marriage Act (DOMA) unconstitutional, her department will work to give benefits to same-sex legally married couples.

“This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits,” Napolitano said in a statement.

“Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws,” Napolitano added.

The Hill reports that DHS will allow legally married U.S. citizens to apply for a green card for their same-sex partners. Before the Supreme Court’s ruling, only heterosexual couples were allowed to apply.

The extension of immigration benefits to same-sex couples was a contentious topic in the negotiations over the Senate immigration bill. For the bill to have a chance of passing, Democrats were forced to abandon an amendment recognizing gay marriages after Senate Republicans said they would not support the bill if it included the amendment.

The amendment’s author, Senator Patrick Leahy (D-Vermont) said the Supreme Court’s decision made the amendment unnecessary.