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Justice Sonia Sotomayor lashed retired astatine her Supreme Court colleagues successful a fiery dissent Friday, arguing the court's ruling successful a spousal visa lawsuit volition beryllium particularly harmful for same-sex couples.
"Same-sex couples whitethorn beryllium forced to relocate to countries that bash not admit same-sex marriage, oregon adjacent those that criminalize homosexuality," Sotomayor wrote successful her dissent that was joined by Justices Elana Kagan and Ketanji Brown Jackson.
The sentiment comes successful the lawsuit of Sandra Muñoz, an American national who joined a national of El Salvador who was denied an migrant visa to the United States. Muñoz sued the State Department implicit the issue, alleging the authorities did not supply capable crushed to contradict her hubby a visa.
The State Department, meanwhile, argued that officials suspected the hubby of being a subordinate of the infamous MS-13 gang, citing tattoos the antheral has that seemingly awesome affiliation with the gang. The mates has denied the accusation.
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Supreme Court Justice Sonia Sotomayor (AP Photo/Rogelio V. Solis/File)
But successful a 6-3 decision, the tribunal ruled that Muñoz has a close to wed but that her hubby does not person a close to unrecorded successful the U.S. with her.
"In fact, Congress’s longstanding regularisation of spousal migration −including done bars connected admissibility − cuts the different way," Justice Amy Coney Barrett wrote for the majority. "As a wide matter, Congress sets the presumption for entry, and the Department of State implements those requirements astatine United State Embassies and consulates successful overseas countries."
Coney Barrett was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Chief Justice John Roberts successful the majority.
Yet Sotomayor said successful her dissent that the majority’s ruling puts the destiny of U.S. couples successful the hands of different governments, a load she argued would autumn astir heavy connected same-sex couples.
The U.S. Supreme Court (AP Photo/Mariam Zuhaib/File)
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"The majority’s nonaccomplishment to respect the close to matrimony successful this state consigns U.S. citizens to trust connected the fickle grace of different countries’ migration laws," Sotomayor wrote. "The load volition autumn astir heavy connected same-sex couples and others who deficiency the ability, for ineligible oregon fiscal reasons, to marque a location successful the noncitizen spouse’s state of origin."
Sotomayor besides took purpose astatine the State Department’s appraisal of the man’s tattoos, arguing that immoderate of the images are symbols of "pan-Latinx identity."
Associate Justice Sonia Sotomayor (Eric Lee/Bloomberg via Getty Images/File)
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"Asencio-Cordero has nary transgression record, but helium does person respective tattoos from his teenage years," Sotomayor wrote. "They picture a scope of subjects, including ‘Our Lady of Guadalipe, Sigmund Freud, a tribal signifier with a paw print, and theatrical masks with dice and cards…Some of these images person heavy value successful Latin American culture."
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