News & Analysis as of

Equal Protection Supreme Court of the United States Citizenship

The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the... more +
The Equal Protection Clause is a section of the 14th Amendment to the United States Constitution that provides that "no state shall...deny to any citizen within its jurisdiction the equal protection of the laws." Essentially, the Equal Protection Clause provides that the government must treat an individual the same way that it treats other individuals in the same circumstances. The 14th Amendment Equal Protection Clause applies only to state governments, but the requirements of the clause apply to the federal government through the Due Process Clause of the 5th Amendment. less -
Jackson Lewis P.C.

Supreme Court Birthright-Citizenship Decision Not Retroactive, State Department Clarifies

Jackson Lewis P.C. on

The U.S. Supreme Court ruling that a federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers violates the Equal Protection Clause will apply only to individuals born on or...more

Jackson Lewis P.C.

Supreme Court: Gender-Based Distinctions In Immigration Law Violate Equal Protection

Jackson Lewis P.C. on

A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Sessions v. Morales-Santana

On June 12, 2017, the Supreme Court decided Sessions v. Morales-Santana, No. 15-1191, in which it held that an exception to the Immigration and Nationality Act, 8 U.S.C. § 1401 et seq., that provides a benefit to children of...more

Cozen O'Connor

Implementation of DOMA Decision

Cozen O'Connor on

Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed...more

Katten Muchin Rosenman LLP

Estate Planning Opportunities Arising from Recent Landmark Supreme Court Decisions Concerning Marriages of Same-Sex Couples

On June 26, 2013, the US Supreme Court (the “Supreme Court”) struck down Section 3 of the federal Defense of Marriage Act (DOMA) as unconstitutional in the case of United States v. Windsor (“Windsor”). In a related case, the...more

Morgan Lewis

Immigration Implications of Supreme Court’s DOMA Ruling

Morgan Lewis on

Court's holding that section 3 of the act is unconstitutional will allow U.S. nationals to sponsor same-sex spouses for immigration benefits. On June 26, the U.S. Supreme Court ruled that section 3 of the Defense of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Decision On DOMA Should Provide Equal Access To Immigration Benefits

On June 26, 2013, the Supreme Court of the United States struck down a provision of the federal Defense of Marriage Act (DOMA) that denied federal benefits to same-sex partners....more

Franczek P.C.

How Does The Supreme Court’s DOMA Decision Impact Employers?

Franczek P.C. on

The U. S. Supreme Court has declared unconstitutional a portion of the Defense of Marriage Act (DOMA), which had established a federal definition of marriage as a legal union only between one man and one woman....more

Mintz - Immigration Viewpoints

DOMA Ruled Unconstitutional on Equal Protection Grounds

The U.S. Supreme Court has ruled in United States v. Windsor that the Defense of Marriage Act (“DOMA”) is unconstitutional. The decision of the Court applies to same-sex couples who are legally married as defined by their...more

Franczek P.C.

How Does The Fall Of DOMA Impact The FMLA And Other Employee Benefits?

Franczek P.C. on

Unless you've been securely wedged under a rock over the past 24 hours, you know that the U.S. Supreme Court has declared unconstitutional the Defense of Marriage Act (DOMA), which had established a federal definition of...more

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