Supreme Court to rule on same-sex marriage

Same Sex Marriage and Immigration

One of the most significant developments in US immigration in recent years was the recognition of same-sex couples as a valid married couples who can sponsor each other for immigration purposes. For example, an American gay man was previously unable to sponsor his Canadian husband based on marriage because the federal government refused to recognize that union as valid. Windsor v. US had immediate ramifications in immigration, as Attorney General Holder announced that same-sex couples would be considered married like any heterosexual couple. An American can now sponsor his or her foreign partner or fiancé for Permanent Residency (Green Card).

It is uncertain how the Supreme Court will rule in a case that it has been loath to take. Four cases have been consolidated and the Supreme Court is expected to issue a nationwide ruling on same-sex marriage. (As an aside, it seems that the Supreme Court’s recalcitrance to issue a nationwide ruling was eroded by the US Court of Appeals for the Sixth Circuit upholding individual states’ bans.) There are all kinds of constitutional, social, political, and economic factors in play; the important constitutional decisions rest of equal protection, due process, and fundamental right to marry. Same-sex marriage is legal in ¾ of all US states, but many of those states have been resistant to judicially permitted same-sex marriage and have sued to retain their individual marriage restrictions.

The immigration consequences are unknown at this time. The federal government has signaled its willingness to recognize homosexual relationships as legitimate for immigration purposes.  If the Supreme Court rules against same-sex marriage, how will that affect immigration? It seems that whichever way the Supreme Court rules in June, it will not alter effects on immigration. The federal government can continue to recognize same-sex marriages, even if many states are allowed to marriages. However, there could be various consequences for couples in certain states (taxes, estates, benefits), which has been an ongoing concern with the states split on recognition and non-recognition.