Obama Administration Begins Speedy Implementation of Supreme Court Decision Ending DOMA

July 3, 2013

Within minutes of the Supreme Court's ruling to end the so-called Defense of Marriage Act (DOMA), President Obama committed his Administration to the swift implementation of the Justices' decision. In the days following the historic ruling, federal agencies have released statements, announced new guidance, and confirmed updated policies with regard to legally married same-sex couples.

The United States Office of Personnel Management has released guidance on the extension of benefits to married gay and lesbian federal employees, annuitants, and their families, saying:

"There are numerous benefits that are affected by the Supreme Court’s decision, and it is impossible to answer today every question that you may have.  Nevertheless, I want to assure you that the U.S. Office of Personnel Management is committed to working with the Department of Justice to ensure swift and seamless implementation of the Court’s ruling."

The memorandum goes on to detail new benefits available to legally married same-sex couples, including health insurance, life insurance, dental and vision insurance, long-term care insurance, retirement, and flexible spending accounts. In all areas, gay and lesbian couples are extended the same eligibility and level of protection as heterosexual couples.

The Department of Homeland Security is also working to ensure speedy and seamless implementation of the Court's decisions -- announcing critical changes to immigration policies:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."

Now an American will be able to petition for an immigrant visa on behalf of his or her same-sex spouse. Even if the couple is living in a state without marriage equality, they are protected because federal immigration agencies consider where a marriage was celebrated, not where a couple lives. For thousands of loving couples whose families have been torn apart by unjust immigration laws, this revised DHS policy is life-changing.

The Obama Administration's immediate implementation of the Supreme Court's decision affirms the President's commitment to fairness and equality for LGBT individuals and families. And now, because of DOMA's demise and the President's leadership, thousands of families have access to protections they've been denied for decades.

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