This week, Attorney General Eric Holder continued to chip away at the Defense of Marriage Act. While not a big story when compared with the demise of Osama bin Laden, the weakening of this ugly piece of legislation means a great deal to a great many.  On Thursday, Holder vacated a Board of Immigration Appeals (BIA) decision that would have led to the deportation of Paul Wilson Dorman, a man from Ireland whose partner is from New Jersey. On Friday, a Newark judge withheld a decision in a similar case involving Henry, a Venezuelan dancer, who is married to Josh, a Princeton graduate student, pending a decision in the Dorman case. Both moves are positive signs for those eager to see the end of DOMA.

President Clinton signed DOMA into law in 1996. It recognizes marriage as a union between one man and one woman for federal purposes (i.e. immigration) and allows states to ignore same-sex marriages recognized by other states. In February, President Obama instructed the Department of Justice to stop defending DOMA but he’s said very little on the matter since. Holder’s actions this week indicate that the administration is serious about making a real move to end DOMA.

Holder’s interim decision in Dorman’s case doesn’t ensure he’ll be allowed to stay in the U.S. It does, however, mean that the court is required to re-think and reissue its decision. Conceivably, Dorman would win his case if the court finds all of the following to be true:

1)     That Dorman’s civil union is recognized under New Jersey law;

2)     That a civil union would qualify Dorman as a spouse if DOMA wasn’t in the picture;

3)     That the civil union is valid and was not entered into for the purposes of immigration;

4)     That having a “qualified relative” (i.e. an American citizen spouse) would change the court’s decision.

Should the court find in favor of Dorman, there is good reason to hope that other same-sex couples will be afforded the same immigration rights as heterosexual couples. Henry and Josh’s case is clearly dependent on this decision. They outline the rights disparity on their website, “For a non-gay couple, this wouldn’t be a problem: the foreign-born spouse would immediately get a green card after marriage to an American. But because of DOMA, the federal government does not recognize gay marriage. As a result, Josh’s application for Henry’s green card was denied.”

For those in same-sex marriages or unions with immigrants, the Dorman decision means the difference between a life together and a life struggling to be together. Marriage is hard enough without involving Immigration & Customs Enforcement (ICE) officers or the BIA. For the sake of Paul Wilson Dorman and his partner, Josh and Henry, and several of my own dear friends in similar situations, I hope the court quickly returns a favorable decision. It’s long past time for this aspect of our civil and immigration law to recognize these very real families.