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18 Geo. Mason U. C.R. L.J. 455 (2007-2008)
The Unconstitutionality of DOMA + INA: How Immigration Law Provides a Forum for Attacking DOMA

handle is hein.journals/gmcvr18 and id is 461 raw text is: THE UNCONSTITUTIONALITY OF DOMA + INA:
How IMMIGRATION LAW PROVIDES A FORUM
FOR ATTACKING DOMA
Matthew S. Pinix*
INTRODUCTION
A little more than twenty-five years ago in the middle of a Los
Angeles bar, Richard Adams, an American citizen, met Anthony Sul-
livan, an Australian on vacation, and the two started a relationship
that has lasted to this day.' After dating for a few months, the couple
moved into an apartment and started their lives together.2 For a few
years, everything was great; however, in 1974, Sullivan's tourist visa
expired, and he faced deportation and separation from Adams unless
he found some way to remain in the country.3 Fortunately, the couple
read a magazine article stating that the Boulder, Colorado, county
clerk was issuing marriage licenses to same-sex couples.4 After read-
ing the article, Adams and Sullivan wasted no time traveling to Boul-
der because they knew that the foreign spouses of American citizens
were entitled to stay in the country. Subsequently, on April 21, 1975,
the couple was married in a Unitarian Church.5
* Judicial Law Clerk for the Honorable Patricio M. Serna, New Mexico Supreme Court;
J.D., Marquette University Law School, 2007: M.A., University of Wisconsin-Milwaukee, 2004;
B.A., Missouri State University, 2001. I dedicate this article to my former colleague and her
partner, whose struggle to find a way to stay in America introduced me to this topic and gave
purpose to the arguments contained herein. I thank Elizabeth Silverstein, my wife, for her love
and support. I thank Marisa S. Cianciarulo, Chapman University School of Law, for her gui-
dance and willingness to meet with me on multiple occasions to discuss some of the nuances
within my argument, as well as her comments on earlier versions of this paper. Finally, I thank
Edward A. Fallone, Marquette University Law School, for fostering the discussion that led to
this paper's genesis and for his comments on an earlier version.
I John Caldwell, Legally Wed in Colorado, 1975: Pioneering Gay Couple Anthony Sullivan
and Richard Adams Didn't Just Get Legally Married 29 Years Ago; They Stood Up and
Demanded To Be Recognized, THE ADVOCATE, Mar. 30, 2004, at 30, available at http://findar-
ticles.com/p/articles/mi_m 1589/is2004_March_30/ain6011043.
2 Id.
3 Id.
4 ld.
5 Id.

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