Couple Challenging Defense of Marriage Act

Some Americans are rallying behind a Venezuelan man and his American husband, asking the US government to allow him to stay in this country.

The man in question has been legally married to his husband since last year. After their wedding in Connecticut, where same sex couples can obtain legal marriages, they moved to California. Since the man's tourist visa was expiring, the couple tried to get him the green card he needs to stay in this country. By doing so, the couple and their legal team hope to successfully challenge the constitutionality of the Defense of Marriage Act.

The act allows married couples to apply for green cards. However, it does not extend this privilege to same sex couples. After preparing their case, the couple went before a judge who gave Immigration and Customs Enforcement just one month to enforce the deportation order with the man's name on it. This gives the man just thirty more days in this country. Yet, with increasing public pressure demanding that ICE cancel the deportation order, it will be interesting to see how this case ends.

If you would like to speak with a Los Angeles family lawyer about domestic partnerships and marriage in California, contact Claery & Green to set up your initial consultation today.