Upcoming election and same-sex ROC

[Shauneg 762]

I think he meant ROC proof.. to submit with your app?

Yes ROC proof. Being gay or not gay or whatever party the President is has nothing to do with anything. Souks be focusing on ROC proof. They asked what they should be worried about....they should be worried about what proof they have.

[leciga 2]

Hey! Another same-sex couple here applying to remove conditions. I sent in my paperwork in February. I must admit I have been scared as well about this upcoming election and possible implications in our case. However, it is incredibly unlikely that a Republican President will be able to revert the law so quickly and drastically. The law that prohibited same-sex couples from petitioning their spouses was the Defense of Marriage Act, which prohibited the Federal Government from recognizing same-sex marriages. That law was deemed unconstitutional by The Supreme Court and struck down in 2013. The talk amongst Republicans is against the Supreme Court's decision to make same-sex marriage legal throughout the entire country, with all Republicans basically saying that it should be up to the States. No Republican so far has been talking about bringing back DOMA or any similar legislature. For marriage equality to revert itself, at least one democratic supreme court justice has to retire, the new President has to appoint two very conservative new judges (one to replace Scalia and one to replace the Democrat), Congress has to pass a law that conflicts with past Supreme Court rulings on marriage equality, that law has to be challenged in the lower courts and eventually find its way up to the Supreme Court and then the Supreme Court has to hear arguments, hold a vote and deliver their decision. All in all, it would take at least a few years for a new President to achieve this, possibly past their first term. Then there is the issue that the Supreme Court never completely reverses itself in issues of human rights. Once they set a precent it is very difficult to have a new ruling that contradicts it, since those types of rulings will have a direct impact on people who have already planned their lives around the precedent the Supreme Court set, as expressed by judge Sandra Day O'Connor when legislators were trying to reverse Roe vs. Wade.

Even if a President gets around all of these hurdles, what they would accomplish is reversing same-sex marriage to the state it was before Obergefell vs. Hodges, in which individual states made their own decision about same-sex marriage. The Federal Government would still have to recognize the marriages performed in states where same-sex marriage is legal, so immigration benefits would have to be granted. In fact, when I applied for my conditional Greencard this was exactly the case.

So I would not worry too much about it. Let's hope the people elect someone who will fight for our rights, but even in the event that they don't, the checks and balances of this country will not make it easy or very likely for them to succeed in taking those rights away from us. It would be a very tedious, long process and, most of all, it would be extremely unpopular, since most Americans today either support marriage equality or don't care either way. Right now the candidates are pandering to the base (as it usually happens in primaries) and they are appealing to extreme conservatives. I assure you once they move to the General Election race, they will tone down their rhetoric on same-sex marriage.

[Shauneg 762]

Hey! Another same-sex couple here applying to remove conditions. I sent in my paperwork in February. I must admit I have been scared as well about this upcoming election and possible implications in our case. However, it is incredibly unlikely that a Republican President will be able to revert the law so quickly and drastically. The law that prohibited same-sex couples from petitioning their spouses was the Defense of Marriage Act, which prohibited the Federal Government from recognizing same-sex marriages. That law was deemed unconstitutional by The Supreme Court and struck down in 2013. The talk amongst Republicans is against the Supreme Court's decision to make same-sex marriage legal throughout the entire country, with all Republicans basically saying that it should be up to the States. No Republican so far has been talking about bringing back DOMA or any similar legislature. For marriage equality to revert itself, at least one democratic supreme court justice has to retire, the new President has to appoint two very conservative new judges (one to replace Scalia and one to replace the Democrat), Congress has to pass a law that conflicts with past Supreme Court rulings on marriage equality, that law has to be challenged in the lower courts and eventually find its way up to the Supreme Court and then the Supreme Court has to hear arguments, hold a vote and deliver their decision. All in all, it would take at least a few years for a new President to achieve this, possibly past their first term. Then there is the issue that the Supreme Court never completely reverses itself in issues of human rights. Once they set a precent it is very difficult to have a new ruling that contradicts it, since those types of rulings will have a direct impact on people who have already planned their lives around the precedent the Supreme Court set, as expressed by judge Sandra Day O'Connor when legislators were trying to reverse Roe vs. Wade.

Even if a President gets around all of these hurdles, what they would accomplish is reversing same-sex marriage to the state it was before Obergefell vs. Hodges, in which individual states made their own decision about same-sex marriage. The Federal Government would still have to recognize the marriages performed in states where same-sex marriage is legal, so immigration benefits would have to be granted. In fact, when I applied for my conditional Greencard this was exactly the case.

So I would not worry too much about it. Let's hope the people elect someone who will fight for our rights, but even in the event that they don't, the checks and balances of this country will not make it easy or very likely for them to succeed in taking those rights away from us. It would be a very tedious, long process and, most of all, it would be extremely unpopular, since most Americans today either support marriage equality or don't care either way. Right now the candidates are pandering to the base (as it usually happens in primaries) and they are appealing to extreme conservatives. I assure you once they move to the General Election race, they will tone down their rhetoric on same-sex marriage.

Well a President doesn't write laws nor can they overturn them. So I don't know what a new President could do either way. It's a non issue. I've watched every debate and there's been little said in any way about gay marriage. I don't know why people keep posting about the non issue.

[jeffkadrliktorr 99]

Thank you guys for your responses. This was just something i've had in the back of my mind, and I guess I just needed to hear from others that it's not gonna

be an issue, and it definitely sounds like it's not.

Also, I wasn't in anyway trying to imply that all conservative republicans are opposed to same-sex marriage. I've just researched the ones who are currently

running, and they just all happen to be. Most of my in-laws vote republican, and have been 100% supportive of my relationship from the beginning and were

all very thrilled when same-sex marriage was made legal. So I apologize if it came across that way.

Seems like my main concern should be my application and evidence, which I'm pretty sure i'm good on, so that is a relief.