Transnational Sexual Citizenships in Era of Same-Sex Marriage: Flexible and Fragmented Rights for Queer Family Migration

• In Event: Transnational Sexualities (Co-sponsored by Global and Transnational Sociology Section)

Abstract

The legalization of same-sex marriage in a growing number of countries has opened the door for queer couples from two different countries to pursue family reunification through spousal petitions. The global landscape for marriage equality, however, remains fractured, and queer binational couples must make strategic decisions to gain legal recognition of their relationship and immigrate together to live in one country. How does the piecemeal legalization of same-sex marriage shape queer binational couples’ rights to get married and pursue marriage migration? This article conceptualizes transnational sexual citizenship and presents a typology of its varieties using the case of queer binational couples whose respective homelands do (or do not) allow same-sex marriage migration. Interviews with queer binational couples seeking to immigrate to the United States show how couples must consider the fractured legal landscape of family and immigration laws, and then make claims for citizenship rights. Whereas couples whose homelands do not restrict family reunification by sexuality can choose where to settle and receive legal recognition, other couples have limited or no transnational mobility rights. For queer immigrant families, family formation and migration decisions remain constrained by the stratified citizenship rights to which they can make claims.

Author

• Juhwan Seo, Rutgers, The State University of New Jersey