Hi Patricia,That is an excellent quiotesn and unfortunately the answer, for now, is we really don’t know what will happen if the Supreme Court decides it did not have jurisdiction to hear Windsor. One quiotesn that the Justices asked to have addressed in oral argument is whether, since the federal government now agrees that DOMA is unconstitutional, does the House of Representatives Bipartisan Legal Advisory Group have standing to appeal the case? If the Court decides there was no standing, then Edie Windsor would get her estate tax refund but it is not clear whether that means that everyone living in New York would be able to get all federal benefits (including immigration). I think most legal experts think this outcome is unlikely, but as it is another possible way for LGBT immigrant families to not win in June, this possibility is yet another reason that we must all push our elected officials for LGBT-inclusive immigration reform. Victoria Neilson, Legal Director
Your email address will not be published.
Save my name, email, and website in this browser for the next time I comment.