In just this year alone, more than 500 anti-LGBTQ+ bills were introduced in state legislatures across the U.S. Only about 7% became law — which is good news. But even when these bills don’t pass, they send a message: we are unwelcome.
And just last week, the U.S. Supreme Court was formally asked to overturn Obergefell v. Hodges — the 2015 landmark case that legalized same-sex marriage nationwide. This decision is the reason why U.S. immigration law recognizes same-sex spouses the same way it does heterosexual spouses. Do we think the Supreme Court will take up this case? Some legal experts say it is unlikely but in this climate it is hard to say anything with certainty.
What Happens if Obergefell Is Overturned?
If Obergefell is overturned, the issue goes back to the states. Each state would once again decide whether to recognize same-sex marriage.
Here’s what that could mean in practice:
- States that already protect LGBTQ+ marriage — like New York and California — would continue to recognize and perform same-sex marriages. A marriage performed in one of these states would still count for federal immigration benefits, at least for now.
- States without protections could refuse to recognize same-sex marriages, creating huge challenges for LGBTQ+ couples seeking marriage-based green cards or other immigration benefits.
This shows just how much is at stake for LGBTQ+ immigrants.
Requirements for a Marriage Green Card
Regardless of sexual orientation, all couples must meet the same immigration requirements:
- A lawful entry into the U.S.
- Proof the relationship is real and genuine — strong evidence matters.
- No inadmissibility issues (for example, certain crimes) – HIV/AIDS is no longer grounds for inadmissibility.
Final Thoughts
As of today, USCIS recognizes any marriage that is legally valid in the place it was performed. But if Obergefell were overturned, the future could look very different for LGBTQ+ couples.
At KAZA Law, we’re proud to be an LGBTQ+ friendly firm. Nearly half of the clients we serve identify as LGBTQ+, and we’ve built our practice with their needs at the heart of what we do.
My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. Nearly half of the clients we serve proudly identify as LGBTQ+, and we have built deep expertise in handling the unique challenges LGBTQ+ immigrants face. From marriage-based green cards to asylum and family-based sponsorship, we understand how personal and complex these cases can be. If you have questions about your immigration options or want advice tailored to your situation, we’d be honored to guide you. Click here to schedule a free consultation and let’s protect your future together.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.