The LGBT group Immigration Equality is planning to sue the federal government over the Defense of Marriage Act because it prevents married U.S. citizens from bringing their foreign same-sex spouses to live with them in U.S. states that allow same-sex marriage or recognize same-sex marriages from elsewhere.
The planned lawsuit follows President Barack Obama's recent instruction to the Justice Department that it stop defending in court the section of DOMA that bans the federal government from recognizing states' same-sex marriages.
Immigration Equality said it believes there is a good chance the lawsuit will succeed, at least for legally married same-sex couples in states that allow or recognize same-sex marriages.
Same-sex marriage is legal in Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and Washington, D.C. In addition, same-sex marriages from anywhere in the world are recognized as marriages in Maryland, New Mexico, New York, Rhode Island and California (if the marriage took place before Proposition 8 passed) even though those states do not let same-sex couples marry.