Gay undocumented Irishman has his deportation suspended

Decision indicates court accepts his same-sex marriage

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Paul Wilson Dorman and his long term partner John Paul Frederick, Jr.

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'Administrative Closure' means that Mr. Dorman and the government both remain free to re-calender his deportation case before the Judge to resolve the legal issues surrounding DOMA that were previously posed to the Immigration Judge by the Board of Immigration Appeals.

For the time being, however, this action by the government represents an undeniable message that the current administration would prefer to diminish the discriminatory impact of DOMA in favor of exercising humanitarian discretion, as they continue to scrutinize and question DOMA's constitutionality. This decision gives an additional reprieve to all same-sex couples facing deportation who have been anxiously awaiting a decision in Mr. Dorman's case. 

This decision also has far-reaching ramifications for everyone adversely affected by DOMA, and signals another blow to it's constitutionality and not just in an immigration context.

Had Dorman been heterosexual and married to a woman his application for a visa would have been granted. U.S. immigration law does not recognize same sex marriages with regards to granting immigration benefits.

For Dorman it all comes down to this -- does he have a legal spouse? “Marriage has always been delegated to the states unless and until the federal government steps in and trumps it. That’s what happened with DOMA.”

Mundy believes that the groundswell in support of equal treatment for gay unions is unstoppable.

“You have to win the battles in order to win the war."

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