Removal Proceedings Can Be Reopened In Same-Sex Marriage Cases

  •   |   Meghan Freed

Immigrants with a removal order are now eligible for relief based on their same-sex marriage to a U.S. citizen. At the April 10, 2014 American Immigration Lawyer’s Association/Immigration and Customs Enforcement (ICE) liaison meeting, ICE’s Office of the Principal Legal Advisor (OPLA) announced that it will agree to join Motions to Reopen where the respondent (the foreign national) entered into a lawful, bona fide, same-sex marriage after having been ordered removed and there is newly-available relief.

If you are interested in learning about other issues impacting members of the LGBTQ community or same-sex couples and their families, we are here to help.

Legal Issues Facing Same-Sex Couples in CT

In Connecticut, same-sex couples have made significant strides in securing legal recognition and protection for their relationships. The state has been at the forefront of LGBTQ+ rights, having legalized same-sex marriage in 2008, even before the landmark Supreme Court decision in Obergefell v. Hodges in 2015. While Connecticut provides many legal protections to same-sex couples, they still face some key legal issues that they may face.

One primary concern is the recognition of their relationships outside of Connecticut. Although same-sex marriages are legally recognized within the state, couples may encounter challenges when they travel or move to jurisdictions that do not recognize or fully respect their marital status. This can affect various important aspects of life, including adoption rights, healthcare decision-making, and financial and custody matters during divorce.

Another significant issue is parenting and adoption rights. While Connecticut allows same-sex couples to adopt and jointly raise children, they may still face discrimination or complexities when creating their families.

Furthermore, in the United States and internationally, there are going legal battles surrounding religious exemptions and the right to refuse services based on religious beliefs. Same-sex couples in Connecticut may face discrimination from individuals or organizations citing religious objections to providing goods or services to them, such as wedding vendors or adoption agencies. Balancing the rights of same-sex couples with religious freedom remains a complex and evolving legal issue.

Overall, while Connecticut has been a leader in LGBTQ+ rights, same-sex couples still encounter legal challenges related to recognition, adoption, and religious exemptions. Continued advocacy and legal reforms are necessary to ensure full equality and protection for same-sex couples in the state and beyond.


Freed Marcroft LLC

Freed Marcroft LLC