The ruling clears the way for sponsoring foreign-born spouses. | M.Scott Mahaskey/POLITICO Gay rights no obstacle to immigration

The Supreme Court’s decision Wednesday to overturn the Defense of Marriage Act settles a major unresolved issue in the immigration reform debate by clearing the way for gay U.S. citizens to sponsor foreign-born spouses for green cards.

The debate over including protections for gay couples had been one of the lingering tension points as the Senate nears passage of the landmark immigration bill. The federal law prohibited American citizens in same-sex marriages from receiving immigration benefits, including the right to assist their partners in applying for legal permanent residence.


But now, that potential obstacle has been completely removed from the immigration fight. Under immigration law, married gay couples would be treated the same way as other married couples and would face the same requirements as heterosexual couples for legalizing spouses who were born in another country.

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Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) sought to extend that right to same-sex couples during the bill’s committee drafting process. But Leahy backed off when several Democrats, citing GOP threats to kill the broader bill, said they would vote against his amendment in order to keep immigration reform moving forward in Congress.

Democrats told furious gay rights advocates that they would have to wait for the Supreme Court ruling — and the gamble paid off Wednesday, just days before the Gang of Eight bill is expected to pass the Senate.

“At long last, we can now tell our families that yes, they are eligible to apply for green cards,” said Rachel B. Tiven, executive director of Immigration Equality. “Many of our families have waited years, and in some cases decades, for the green card they need to keep their families together. Couples forced into exile will be coming home soon. Americans separated from their spouses are now able to prepare for their reunion. Today’s ruling is literally a life-changing one for those who have suffered under DOMA and our discriminatory immigration laws.”

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The ruling means that Democrats will avoid a floor fight over a gay rights amendment sponsored by Leahy, who said Wednesday that he would not seek a vote on it.

“With the Supreme Court’s decision today, it appears that the anti-discrimination principle that I’ve long advocated will apply to our immigration laws and to bi-national couples, and their families can now be united under the law,” Leahy said from the Senate floor.

Sen. Robert Menendez (D-N.J.), a member of the Gang of Eight, said the ruling “obviates any need” for the amendment.

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As of late as last week, Gang of Eight Democrats such as Illinois Sen. Dick Durbin had signaled that they did not want to hold a floor vote on Leahy’s amendment. It would almost certainly need 60 votes to get attached to the immigration bill, which is not likely to happen.

For a decade, Leahy has sponsored varying versions of the so-called Uniting American Families Act, which would extend immigration rights to same-sex couples. The legislation could affect as many as 36,000 gay couples, according to the advocacy group Immigration Equality.

“This is a huge day not only for the LGBT movement, but also for the immigrant rights’ movement,” said Jorge Gutierrez, coordinator of the United We Dream Queer Undocumented Immigrant Project, in a statement. “This Supreme Court decision affirms that all families and individuals should be treated fairly and with justice. We will keep fighting for full equality and immigration reform to ensure that all immigrants, including hundreds of thousands of LGBT immigrants, are included in immigration reform with a clear, direct path to citizenship and fair treatment for all.”

Before Wednesday, 12 states and the District of Columbia allowed same-sex marriage. A separate Supreme Court decision on Wednesday declined to rule on the merits of California’s voter-approved ban on gay marriage, which will likely allow the state to proceed with same-sex unions.

If binational gay couples live in a state that doesn’t allow same-sex marriages, they can travel to one of the states that do and still have their union recognized for immigration purposes, legal experts said.

“I think everyone is relieved,” said Lanae Erickson Hatalsky, the director of social policy and politics at the center-left think tank Third Way. “Certainly the LGBT advocacy community wanted gay couples to be included, but they also didn’t want to bring down the immigration bill over it.”

It’s unclear when the federal government will be able to begin processing immigration applications for same-sex couples, but experts said it shouldn’t take long –changes that would be needed following Wednesday’s ruling are primarily administrative, such as changing application forms.

Janet Napolitano, the secretary of the Department of Homeland Security, said in a statement that the agency will work to implement the court’s decision, but declined to give a timeline.

”This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits,” she said.