• Link to X
  • Link to Facebook
  • English English English en
  • 简体中文 简体中文 Chinese (Simplified) zh-hans
  • 繁體中文 繁體中文 Chinese (Traditional) zh-hant
  • Español Español Spanish es
Free Consultation: 202-643-1110
Oliver-Zhang Law
  • Home
  • Practice Areas
    • Medical Malpractice
      • Medical Malpractice FAQ
    • Pharmaceutical Drug and Defective Product Injuries
      • Galaflex Breast Mesh Lawsuit
      • Diethylstilbestrol (DES) Pancreatic Cancer
      • Roundup Mass Settlement
      • Zantac Cancer Lawsuits
      • Baby Powder Ovarian Cancer
      • Asbestos Mesothelioma
      • Xarelto (rivaroxaban) Internal Bleeding
      • Essure Defective Birth Control Devices Cost Lives
    • Personal Injury – Cars and Trucks MVA
      • Wrongful Death
      • Slip and Fall
    • Immigration
      • H-1B
      • LGBTQ+ Immigration
      • G-4 Green Card – Special Immigrant Visa
      • I-130 Spousal Visa and Green Card Processing
      • I-130 Immediate Relatives Green Card
      • K-1 Fiancé Visa
      • Removal of Conditions
      • Asylum
      • EB-5 Investor Visa
      • K-3 Visa
    • Consumer Protection
    • Civil and Family Law
  • Our People
    • Julie Oliver-Zhang, Esq. | 詹久誼律師
    • Rachel Wei, Esq. | 魏悦
    • Marcela Beltran | 马塞拉.宝拉川
    • Jessabelle Maxilom Koppelman, Esq. | 傑莎貝爾·科佩爾曼
    • Annjelika Slate | 安杰丽卡.使來特
    • Daniel R. Oliver-Zhang
    • Zeran LI | 李泽然
  • 關於
  • Press
  • Blog
  • Testimonials
  • Contact Us
  • English
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Supreme Court Decides to Clean House on LGBT Right to Marry: Immigration Equal Rights to Same-Sex Couples May Soon Be Nationwide

January 17, 2015/0 Comments/in Gay Marriage, Green Card, Immigration/by Julie Oliver-Zhang

“A house divided against itself cannot stand.“~ Abraham Lincoln

A historical transformation is upon us.  On January 16, 2015, the Supreme Court granted review to a string of state decisions in United States Court of Appeals for the Sixth Circuit.  The Sixth Circuit decided that several states’ prohibitions on same-sex marriage are legal.  Those states include Ohio, Tennessee, Kentucky and Michigan.

Three months ago, in October of 2014, the Supreme Court did just the opposite.  It denied review to those states that insisted on their bans against same-sex marriage, whose bans were held to be illegal by the courts in their own states.  By doing so, the Supreme Court effectively endorsed the state court decisions striking down such bans as unconstitutional.  For decades now, since Bower v. Hardwick and Lawrence v. Texas, up to United States v. Windsor, 133 S. Ct. 2675 (2013), the highest Court of the United States struggled with the issue of gay rights; it had conservatively indicated that the gay right to marry is a choice that lies with the individual states.

In DeBower v. Snyder, the Sixth Circuit exploited Supreme Court’s reluctance to decide on this issue by citing Windsor and stating: “Respect for democratic control over this traditional area of state expertise ensures that ‘a statewide deliberative process that enable[s] its citizens to discuss and weigh arguments for and against same-sex marriage’ can have free and reasonable rein.”

Certainly, by denying review in the cases that upheld gay marriage, the Supreme Court had likely hoped that the rest of the states would fall in line. However, the Sixth Circuit’s renegade decision has created a circuit-split that has brought the LGBT right to marry to the proverbial bridge that must be crossed.

Practically, if the Sixth Circuit decision is allowed to stand, it would divide the country into gay-marriage legal and gay-marriage banned states.  Thus, a LGBT couple can have a valid same-sex marriage in California with all the ensuing rights, but lose all the state-regulated rights, like medical disclosure or step-parental rights if they moved to Tennessee.  In terms of LGBT immigration, this divide creates an untenable and flawed work-around, where a same-sex couple who reside in a state that has banned gay marriage must go and marry in a state that has legalized gay marriage before they can apply for federal benefits such as a green card.

However, by deciding to review DeBower v. Snyder, the Supreme Court has finally chosen to take a position on this issue.  Logically, as the Court had just endorsed the states court decisions that held in favor of the equal protection of gay marriage by denying review, it needed to do nothing more if it simply means to defer to the majority-rule or court decisions in each state.  By agreeing to review the decision, we anticipate that Supreme Court intends to mend the divide and mandate an America that consistently recognizes the same-sex right to marry as a fundamental, constitutional right of a citizen.

Historically, this is the potentially the greatest leap in civil rights since Loving v. Virginia in 1967 that upheld desegregation in interracial marriages.

https://oliverzhanglaw.com/wp-content/uploads/2017/04/Oliver-Zhang-brand_web-banner-logo-left-transparent-983x170px-min.png 0 0 Julie Oliver-Zhang https://oliverzhanglaw.com/wp-content/uploads/2017/04/Oliver-Zhang-brand_web-banner-logo-left-transparent-983x170px-min.png Julie Oliver-Zhang2015-01-17 17:26:562015-01-17 18:13:36Supreme Court Decides to Clean House on LGBT Right to Marry: Immigration Equal Rights to Same-Sex Couples May Soon Be Nationwide

Subscribe2


 

Contact us

[email protected]

202-643-1110

  • English

Personal Injury and Immigration Lawyer in Washington, DC

Contact Us

Phone: 202-643-1110

Email: [email protected]

© Copyright - Oliver-Zhang Law - Enfold Theme by Kriesi
Scroll to top Scroll to top Scroll to top
  • English