The U.S. Supreme Court, in a 5-4 holding that was split on the typical ideological camps, declared unconstitutional the U.S. Defense of Marriage Act.
The Defense of Marriage Act denied federal benefits to same-sex spouses. In declaring the law unconstitutional the majority opinion by Justice Kennedy opined that the law simply; “writes inequality into the entire United States code.” Justice Kennedy went on to opine that the law, in of itself, is “demeaning” and “humiliating” to gays and lesbians.
Justice Scalia, in dissent, noted that: “Favoring man-woman marriage no more ‘demeans’ and ‘humiliates’ other sexual relationships than favoring our Constitution demeans and humiliates the governmental systems of other countries.”
The largest affect for non-Americans will be the benefit of a U.S. spousal visa and permanent residency. Thus, for example, a Korean man that marries an American man will be eligible for a K-1 Fiance visa and permanent residency.
Sean Hayes may be contacted at: [email protected]
Sean Hayes is co-chair of the Korea Practice Team at IPG Legal. He is the only non-Korean to have worked as an attorney for the Korean court system (Constitutional Court of Korea) and one of the first non-Koreans to be a regular member of a Korean law faculty.
- Korean Start-up Visa: First Visa Issued to Korean American Entrepreneur
- Korean Visa Rules Still not Strict Enough for Some in the Korean Government
- Constitutional Court of Korea Declares Real Name Verification Unconstitutional
- The Signs of a Great Criminal Lawyer in Korea | English-Speaking Criminal Defense Attorney in Seoul
- Opposition to Justice Lee Dong-Hup to lead the Constitutional Court is Ridiculous Liberal Hogwash
- Deportation after Criminal Conviction in Korea: Korea Immigration Law Basics
- Sean Hayes in the Christian Science Monitor on Korean Adoptions
- Constitutional Court of Korea Declares Internet Real-Name Online Identification System Unconstitutional
- Exit Ban of Foreigners in Korea for Not Paying Taxes, Custom Duties or Violation of Law: Immigration Law Basics
- Korean Immigration Law: Challenging a Korean Immigration Deportation/Exit Order in Korea