San Diego International Law Journal

Library of Congress Authority File


Document Type



This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national same-sex couples face in the united states, and analyzes the consequences suffered by those who expatriate to canada. Part V will evaluate the problems with presently pending solutions to the united states’ refusal to allow same-sex immigration. Lastly, Part VI will propose a different solution that will allow bi-national same-sex couples to physically unite in spite of DOMA’s continuing reign.