Sotomayor Sounds The Alarm Bells About Obergefell

U.S. Supreme Court Justice Sonia Sotomayor warned Friday that her right-wing colleagues' finding that American citizens have no right to have their foreign spouses admitted to the United States will disproportionately harm same-sex couples—and could foreshadow a future reversal of federal LGBTQ+ marriage equality.

The justices ruled 6-3 along ideological lines in Department of State v. Muñoz that Sandra Muñoz, a civil rights attorney and U.S. citizen, "does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country."

As Courthouse News Serviceexplained:

[Muñoz] argued that her right to live with her noncitizen husband, Luis Ascencio-Cordero, in the United States was implicit in the "liberty" protected by the Fifth Amendment, and that denying his visa request deprived her of that liberty and violated her due process rights.

The consular officer who denied her husband's application violated her right to due process by not disclosing the reason her husband was deemed "inadmissible,'" which opens the officer's decision to judicial review, despite visa denials normally being unreviewable.

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