Washington Post Calls For Moratorium On Deportations Of Legally Unioned Gays

The Washington Post editorial board has called for a moratorium on the deportations of foreign gays in legal-sanctioned relationships with American citizens.

DOMA has been an impediment to the rights of gay men and lesbians since its inception in 1996. It withholds from same-sex couples the legal protections, obligations and privileges enjoyed by their heterosexual counterparts. Repeal appears out of reach, but Attorney General Eric H. Holder Jr. announced in February that the Justice Department would no longer defend DOMA in court, after concluding that it is unconstitutional.

The attorney general has vacated the court decision and asked the Board of Immigration Appeals whether Mr. Dorman’s civil union makes him a “spouse” under New Jersey law and whether, absent DOMA, he would be considered a “spouse” under immigration law. Mr. Holder should erase any confusion by declaring a moratorium on removal of foreign nationals in state-recognized same-sex unions until federal courts determine DOMA’s constitutionality. He should ensure that the government is not focusing on breaking up otherwise law-abiding families.