26. June 2013 · 2 comments · Categories: Marriage

The Supreme Court ruled this morning that Section 3 of the Defense of Marriage Act is unconstitutional. The federal government will now be required to recognize same-sex marriages from states where they are performed, opening the door for marriage based immigration petitions by same-sex binational couples.


  1. Will same-sex marriages performed in other countries (Canada, especially), be federally recognized for US citizens who are currently living in the US, but living in a state that does not allow same-sex marriage?

    • In the case in which the Supreme Court struck down the Defense of Marriage Act, United States v. Windsor, the couple were in fact married in Canada. My understanding of the ruling is that marriages will be recognized for immigration purposes as long as they are valid where they are performed, whether in the U.S. or in another country, regardless of what state the petitioner lives in.