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The three most important Supreme Court decisions in favor of LGBTQ immigrant rights:
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In fact, President Obama said his views on gay marriage had “ evolved.” The courts followed. Over time, Americans and their leaders have become more open minded about social issues. RECOMMENDED: Overview of Asylum Status Major Court Victories for LGBTQ Community This law defined a refugee as “someone outside of their home country unable or unwilling to avail themselves of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in social group, or political opinion.” After that, many Supreme Court cases have said that being LGBTQ is “membership in a social group,” which gave people asylum on that basis. The way that this law defined “refugee” opened the door for LGBTQ people to apply for protected status. Thanks to this law, things started to change. The Carter administration passed the Refugee Act of 1980. Refugee Act of 1980 Stokes Change for Persecuted LGBTQ In fact, the Immigration and Nationality Act of 1951 considered being LGBTQ a “mental defect.” Later, the language changed to call it a “deviation.” Immigration policy still considered it a medical reason to disqualify immigrants to the U.S. If you were known to be gay, lesbian, bisexual or transgender, you most likely would not be admitted to the United States as an immigrant. In fact, being gay was treated as a ground of inadmissibility. Not long ago, LGBTQ immigrant rights in the United States were non-existent. That isn’t to say that persons who identify as LGBTQ don’t continue to have unique challenges when immigrating. The goal is that persons who identify as LGBTQ are simply treated as any other individual. While the gay, lesbian, bisexual, and transgender communities continue to be persecuted throughout much of the world, LGBTQ rights are catching up in the United States. immigration system and protect the basic rights that many non-LGBTQ take for granted. A progressive cultural environment and several court cases have helped to equalize treatment of same-sex marriage in the U.S. Over the last several years, LGBTQ immigrant rights in the United States have changed significantly.