SJ Quinney College of Law, University of Utah

Utah OnLaw: The Utah Law Review Online Supplement

Article Title



This article contributes to the discourse about how rights for noncitizens to be reunited with U.S. citizen family members, are devoid of any constitutional guarantees, either substantively or procedurally. By contrasting the Court’s reasoning in the cases Obergefell v. Hodges and Kerry v. Din, this article demonstrates while the Court’s treatment of same sex intimate relationships has evolved over time to expand constitutional guarantees for these individuals, the Court’s thinking regarding the absolute, unreviewable power of the executive to decide who may enter the U.S., even to reunite with a U.S. citizen spouse, has remained harshly stagnant.