Immigration Article of the Day: All in the Constitutional Family: Revisiting the Immigration and Nationality Act’s Definition of Family Relationships by Aaron Young
All in the Constitutional Family: Revisiting the Immigration and Nationality Act’s Definition of Family Relationships by Aaron Young, Georgetown University Law Center Fall 2014 Family Law Quarterly, Vol. 48, No. 3, 2014
Abstract: This Article argues that the Immigration and Nationality Act’s definitional provisions unconstitutionally burden choices in family composition and structure. Absent congressional or executive action, courts following the recent same-sex marriage case, United States v. Windsor, should apply heightened scrutiny to remaining federal definitions of family relationships, or at least take a hard look at those policies under rational basis scrutiny, especially when a federal definition excludes an authentic relationship recognized by a state. The federalism, substantive due process, and equal protection principles raised in Windsor are applicable beyond the same-sex context from that case.
KJ