Five same-sex, bi-national couples who are legally married and unable to obtain a green card for a foreign-born partner have filed a lawsuit challenging the Defense of Marriage Act. The group maintains that DOMA, which bars immigration sponsorship privileges to same-sex couples, is unconstitutional.
There are already a handful of challenges to DOMA making their way through the federal court system. Tomorrow, an appeals court panel in Boston will hear arguments regarding a two-year-old case where a judge ruled DOMA unconstitutional. And just this past February, a California judge also declared DOMA unconstitutional when he sided with a lesbian couple denied spousal health benefits by a federal employer.