One of our Yahoo Group listserv members recently asked if we are endorsing the lawsuit filed by Peter Schey on behalf of same-sex binational couples.
I just want to reaffirm that our
position with regards to lawsuits has not changed. Out4Immigration is an all-volunteer
grassroots organization with little resources and participating in any lawsuit
is just beyond our scope. That said, since we last posted that position (which
we have posted many times over the years), two lawsuits on behalf of same-sex
binational couples have been filed: one by Immigration Equality and one by
Peter Schey. There have also been about five DOMA lawsuits filed so far - and
they are all headed to SCOTUS (Supreme Court of the United States). The
rumbling on the ground is that SCOTUS will probably hear a DOMA case by June next
year, and we will hopefully celebrate the fact that DOMA is unconstitutional
and we will definitely have federal equality once that has been ruled.
However, there are still questions
that beg for answers even if DOMA is ruled unconstitutional. Questions like (1)
how wide will the ruling be, and (2) what will happen to couples who cannot get
married or are registered domestic partners etc etc. The truth is that
until SCOTUS decides to hear the DOMA cases and rule on them next June... those
questions will remain questions.
We are not
endorsing the lawsuit by Peter Schey or by IE. Both organizations have legal
expertise and resources to bring their cases to court and we hope that they are
right in their strategies and wish them success every step of the way because a
ruling in favor of same-sex binational couples in either of these cases is a
victory for us all.
We also want to foster discussion
about what our listserv/community thinks about these lawsuits. Are they a good
idea or a bad idea... and why?
That said we would just like to
remind everyone thinking of participating in any lawsuit to consult an attorney
first for a second opinion to understand the risks involved (if any).
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