Adams v. Howerton

denied, 458 U.S. 1111 (1982) is a decision from the United States Court of Appeals for the Ninth Circuit that held that the term "spouse" refers to an opposite-sex partner for the purposes of immigration law and that this definition met the standard at the time for rational basis review.

In 1975, Richard Frank Adams, an American citizen, and Anthony Corbett Sullivan, an immigrant from Australia, were one of several same-sex couples that received marriage licenses from the clerk of Boulder County, Colorado.

The petition was initially denied, with a letter stating that "[Adams and Sullivan] have failed to establish that a bona fide marital relationship can exist between two faggots.

The district court rejected the plaintiffs' claims, noting that "Congress in its immigration statutes is not obligated to follow the law of the place where the marriage was contracted".

It also held that "[t]he legal protection and special status afforded to marriage (being defined as an union of persons of different sex) has historically ... been rationalized as being for the purpose of encouraging the propagation of the race."

In reviewing the constitutionality of the law, they rejected the plaintiffs' claim that strict scrutiny was required, on the grounds that "Congress has almost plenary power to admit or exclude aliens".

They held that "Congress's decision to confer spouse status under section 201(b) only upon the parties to heterosexual marriages has a rational basis and therefore comports with the due process clause and its equal protection requirements.

In any event, having found that Congress rationally intended to deny preferential status to the spouses of such marriages, we need not further 'probe and test the justifications for the legislative decision.

[8] They were one of six gay couples granted marriage licenses by County Clerk Clela Rorex in Boulder, Colorado on April 21, 1975.

[8][6] To publicize their lawsuit, they appeared on the Phil Donahue Show where, according to their attorney, "people in the audience said some pretty nasty things.

Citizenship and Immigration Services (USCIS) to reopen and reconsider his late husband's petition for a marriage-based green card which that office had denied.