Supreme Court Just Countered Landmark Gay Marriage Ruling, Sotomayor Warns

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06/22/2024

Liberal-leaning Supreme Court Justice Sonia Sotomayor argued that the Court countered a landmark gay marriage ruling, Obergefell v. Hodges, in a recent case, Department of State v. Muñoz, warning that it could have negative implications for same-sex couples. In a 6-3 decision on Friday, the Court ruled against Sandra Muñoz, an American citizen who challenged a consular officer’s decision to bar her foreign husband Luis Asencio-Cordero from entering the United States to live with her. The U.S. consulate in San Salvador denied Asencio-Cordero’s visa application because he was found to be affiliated with the gang MS-13. The consular officer, however, did not disclose his reasoning for denying Asencio-Cordero’s application. Since Asencio-Cordero is not a U.S. citizen and therefore has no constitutional right to enter the country, he can’t elicit the consular officer’s reasoning or challenge the denial of his application.

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