Does the Windsor/DOMA ruling mean federal protections for gay immigrants now? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 02, 2024, 06:20:52 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Politics
  U.S. General Discussion (Moderators: The Dowager Mod, Chancellor Tanterterg)
  Does the Windsor/DOMA ruling mean federal protections for gay immigrants now? (search mode)
Pages: [1]
Author Topic: Does the Windsor/DOMA ruling mean federal protections for gay immigrants now?  (Read 407 times)
memphis
Atlas Icon
*****
Posts: 15,959


« on: June 26, 2013, 05:26:33 PM »

I don't think so.

Kennedy's decision basically boils down to Congress having to defer to the wishes of the States concerning who may be married.  However in Article I Section 9 Clause 1, Congress is explicitly granted the power to ban the immigration of people that only some States think should be admitted. (The provision was intended to apply to slaves, but because the Founders refused to explicitly refer to slavery in the Constitution, they worded it more broadly and obliquely.) Hence in immigration law, Congress does not have to defer to the States.  Until a Federal case is decided in which same-sex marriage is required to be recognized by a State that does not do so, or a case directly applicable to immigration is brought, I don't see immigration law aspects being voided.

That said, I expect that it'll only take a couple years at most for the cases needed to address that issue to wind its way thru the courts and resolve the immigration issue in the favor of SSM advocates.
This was  not the opinion of a lawyer than NPR interviewed. There's still an enormous amount of uncertainty in a variety of places.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.027 seconds with 12 queries.