If a gay American marries someone from another country, they have to leave the US to be able to stay together, building a growing gay diaspora of Americans barred from their own soil if they want to live with the man or woman they love.

But with DOMA's constitutionality up in the air, we have the first example of an immigration judge deciding to adjourn the deportation of an Argentinian spouse of an American citizen. It probably won't hold, but it's a sign of shifting attitudes. The cruelty of forcing people to choose between their family and their country has no place in a decent society. Maybe at some point in the future, America will be as compassionate as the judge in this case.

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