On February 7, 2012 the 9th Circuit narrowly struck down California’s Proposition 8, finding the law unconstitutional and declaring it violates the rights of lesbian and gay Californians by taking away the right to marry. Although this ruling was a giant step forward for gay and lesbian couples and families such a ruling may eventually be overturned by the U.S. Supreme Court. Miller|Conway will keep you abreast of subsequent rulings regarding Prop 8.
With respect to multinational gay and lesbian couples and immigration issues, any time a state recognizes marriage equality, whether through a court ruling or legislation, it is good news for LGBT families and couples. Ultimately, however, immigration law and the rights conferred under the INA remain a federal issue. Accordingly, the February 7th ruling means lesbian and gay couples would once again be able to marry under California state law but not receive federal benefits, including the right to sponsor a spouse for immigration purposes.
Miller|Conway, South Carolina Immigration Lawyers, keeps our clients up to date on relevant immigration issues and monitors the immigration law landscape to help our clients effectively, efficiently and successfully navigate the complex immigration law landscape. Follow Miller|Conway, Goose Creek Lawyers, on twitter, facebook, the Miller|Conway website and the firm’s NEWS page or call the firm at 843.764.3334