Gay Marriage Under Attack: What This Means for LGBTQ Immigrants

You may have seen recent headlines about efforts to overturn Obergefell v. Hodges, the 2015 Supreme Court ruling that legalized same-sex marriage nationwide. For many couples, this has raised understandable questions, especially about marriage-based immigration.  

While a formal challenge is active, federal protections and public opinion make a full reversal unlikely, and even then, the impact on marriage-based immigration may be less severe than you’d think.

What’s Actually Happening?

In August 2025, Kim Davis (the same Kentucky clerk who went to jail in 2015 for refusing marriage licenses to gay couples) formally petitioned the Supreme Court to overrule Obergefell, calling it “egregiously wrong.” Even a decade later, Davis is more focused on other people’s marriages than on doing her job.  

Despite this push, national approval for same-sex marriage consistently sits around 70%, so efforts to overturn it will be unpopular. The Supreme Court doesn’t have to revisit the case, and if it does, there’s no guarantee there would be five justices willing to overturn it.  

Even so, conservatives do hold a majority in the Supreme Court, and its willingness to strike down long-standing precedent in the recent past (as we saw with Roe v. Wade) has raised some concerns among legal experts.  

Lawmakers in several states have introduced measures trying to undermine marriage equality. This has ranged from explicitly seeking to reverse Obergefell to proposals for “covenant marriages” limited to only one man and one woman.  

Immigration Implications

Marriage-Based Green Cards

The 2022 Respect for Marriage Act (RFMA) requires federal recognition of same-sex marriages. Even if Obergefell is undone, if you are legally married in one state your marriage will be valid in all the others. That means marriage-based immigration will likely stay safe.

K-1 Fiancé(e) Visas

K-1 visas are federal. Thanks to RFMA, K-1 processes will also remain intact if Obergefell falls. If your state bans-state sex marriage, you can marry in a different state and will still be recognized for immigration purposes.  

Worst Case Scenario

The only way marriage-based immigration would truly be threatened would be if the Trump Administration tries to repeal RFMA itself. That’s not something that could happen overnight, but if both Obergefell and RFMA were to fall at some point down the road, immigration could become much harder for LGBTQ+ couples in certain states.  

Should We Panic?

Not yet. This is a scenario to monitor, but not an immediate reality or cause for alarm. The current attempt to overturn Obergefell is part of a broader Trump Administration effort to roll back LGBTQ+ rights.

Conservativism is gaining momentum in the U.S., and Roe v. Wade being overturned (despite decades of precedent) shows how quickly rights can be stripped away. We shouldn’t take any protections for granted.  

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McEntee Law Group is proud to stand with immigrants and the LGBTQ+ community. If you have questions about how you or your family might be affected, feel free to reach out.  

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