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).