grant permanent resident status to all legally married same-sex spouses who have I-485 applications pending.

Legally married persons traditionally have been able to sponsor their spouses for permanent residency. Traditionally all marriages performed in any state were recognized by other states and the federal government under the full faith and credit clause, the familiar name used to refer to Article IV, Section 1 of the United States Constitution. The federal defense of marriage act violates this clause and fails to provide equal protection to all people equally under federal law. A gay man may not marry a woman and gain residency in the United States. For equal protection the marriages of gay men to other men should be allowed for residency as well as those of gay women to other women. This would prevent fraud for purposes of immigration. Residency should be provided equally by USCIS/DHS.