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Archive for the ‘lgbt immigration’ Category
6th August 2011
It recently came to this blogger’s attention that further support for the Respect for Marriage Act (RFMA) may be forthcoming from membership of the United States Senate. To quote directly from the official website of The Washington Independent, WashingtonIndependent.com:
Long a holdout in signing on to back the Respect for Marriage Act, Sen. Amy Klobuchar indicated this week she’ll sponsor the bill, which would repeal the federal Defense of Marriage Act. Klobuchar is the last Democratic member of the Senate Judiciary Committee to back the measure after Sen. Herb Kohl of Wisconsin expressed his support in April. Fellow Democrat Al Franken was an original sponsor of the act…
This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.
Frequent readers of this blog may recall that Representative Jerrold Nadler introduced a “Respect for Marriage Act” counterpart piece of legislation in the United States House of Representatives where there is some doubt as to the ultimate fate of the bill notwithstanding the fact that it supports fundamental notions connected to States’ Rights pursuant to the United States Constitution’s Full Faith and Credit Clause. Meanwhile, there is also a compelling argument that support for the RFMA as a replacement for the so-called “Defense of Marriage Act” (DOMA) is simultaneously supportive of notions related to Equal Protection and natural law. How all of these issues will ultimately be sorted out by US Courts and/or the American legislature remains to be seen, but following the debate generates a great deal of intriguing insight into the evolving nature of the United States Constitution.
Meanwhile, in news related to the jurisdictions of the Association of Southeast Asian Nations (ASEAN); it recently came to this blogger’s attention that some international media outlets have reported upon the Russian perspective of recent ASEAN meetings. In order to provide further particulars it is necessary to quote directly from the official website of The Voice of Russia, ruvr.ru:
The dialogue between Russia and the Association of Southeast Asian Nations (ASEAN) is actively developing, Russian Foreign Minister Sergei Lavrov said following a ministerial meeting in Indonesia. Experts cannot fully agree with this, saying that the sides have yet to completely activate their potential for both bilateral and multilateral cooperation.
The administration of this blog asks readers to click upon the relevant hyperlinks noted above to learn further from this insightful article.
Although this blog attempts to primarily focus upon issues pertaining to ASEAN from an American context the activities of any of the so-called BRICS countries (Brazil, Russia, India, China, South Africa) in the ASEAN region is of compelling interest to those who follow geopolitics and economics with any degree of frequency. How negotiations regarding the future structure of ASEAN will play out is anyone’s guess. Concurrently, the confluence of economic forces at play in the ASEAN region could yield trade opportunities with the potential for future exponential growth in real terms. As a result, an understanding of the unique nature of ASEAN and her component jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) could provide real insight to those looking to conduct business in Southeast and Greater Asia.
For information related to legal services in Southeast Asia please see: Legal.
3rd August 2011
It recently came to this blogger’s attention that the Department of Homeland Security (DHS) is taking steps to encourage entrepreneurial immigration to the United States of America. In order to provide further insight it is necessary to quote directly from the official website of the DHS, DHS.gov:
WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. “The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.” “Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.” These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs…
The administration of this web log asks readers to click upon the relevant hyperlinks above in order to read this article in detail.
In previous postings on this blog it has been noted that travel documents such as the EB-5 visa can be a satisfactory tool for those wishing to travel to the United States for the purposes of investing and residence. It should be noted that there are other employment based visa categories such as the EB-2 visa, the EB-3 visa, the EB-1 visa, and the EB-4 visa which may be used by individuals who find themselves in differing factual circumstances. Meanwhile, visas such as the L-1 visa and the E-2 visa are often used by non-immigrants who wish to travel to the United States of America for the purpose of either undertaking specialized employment or investing in a small business therein. That stated, those seeking immigration benefits are well advised to contact an American immigration lawyer since issues associated with American immigration can be legally complex and the process can sometimes prove cumbersome for those unaccustomed to dealing with matters pending before various agencies within the American federal bureaucracy.
In news pertaining to the continuing struggle for LGBT Equality, it recently came to this blogger’s attention that an attorney for the United States government has filed a response in a case involving a New York woman suing the government to have her same sex marriage recognized. To quote directly from a posting by Mark Hamblett for the New York Law Journal on the website Law.com:
Congress has fired back in a lawsuit challenging the constitutionality of the Defense of Marriage Act’s definition of marriage as between one man and one woman. In a motion to dismiss in the Southern District, former solicitor general Paul D. Clement and his legal team argue that the act, 1 U.S.C. §7, is entitled to a presumption of constitutionality, and that U.S. Supreme Court precedent holds that an exclusively heterosexual definition of marriage does not offend the equal protection clause. The motion came in Windsor v. United States, 10-cv-8435, which was brought by Edith Schlain Windsor…In his papers yesterday, Mr. Clement said that rational basis review, not heightened scrutiny, is the appropriate standard in judging the constitutionality of the statute and §3 “easily” passes that less exacting standard. In support of that view, he argues that DOMA does not infringe on the fundamental right to marriage, that “same-sex marriage is not a fundamental right” and that “DOMA implicates federal benefits, not the right of same-sex couples to marry.” Under the rational basis test, Mr. Clement said, Congress could have acted rationally “in the face of the unknown consequences of a proposed novel redefinition of the foundational social institution,” and it could have acted rationally to “protect the public fisc” in the balance it strikes in allocating federal burdens and benefits, and providing “consistency in eligibility for federal benefits based on marital status.” Congress also could have acted rationally “to avoid creating a social understanding that begetting and rearing children is not inextricably bound up with marriage” and to “foster marriages that provide children with parents of both sexes.”
This blogger recommends that readers click upon the hyperlinks above to read this article in detail as it is very enlightening about this case and the issues associated therewith.
The case noted above is interesting insofar as the underlying same sex marriage appears to have been legalized in Canada as opposed to another United States jurisdiction. How this fact will color a final adjudication remains to be seen, but it could have an adverse impact upon the outcome of the case as Full Faith and Credit issues pursuant to the Full Faith and Credit Clause of the United States Constitution may not be relevant under the circumstances. Frequent readers may recall that in an immigration context the so-called “Defense of Marriage Act” precludes immigration benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa from same sex bi-national couples even if they have been married in an American jurisdiction which legalizes and/or solemnizes same sex marriages. Legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) would ameliorate this discrimination, but such legislation has yet to see enactment.
For information related to legal services in Southeast Asia please see: Legal.
1st August 2011
It recently came to this blogger’s attention that the current Attorney General of the sovereign State of New York is challenging the Constitutionality of the so-called “Defense of Marriage Act” (DOMA) on the grounds that it violates the 5th and 10th Amendments of the United States Constitution. In order to provide insight into these developments it is necessary to quote directly from an article posted to the website Patch.com:
Attorney General Eric Schneiderman has filed court papers charging that the federal Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman, is unconstitutional on a number of fronts, including an “unprecedented intrusion” on the right of states to regulate marriage. DOMA, passed in 1996, has been under heightened scrutiny since the Obama administration announced in February that it would no longer uphold the part of the law that bars the federal government from recognizing legal same-sex marriages…In a brief filed in the case Windsor v United States of America, Schneiderman argued that DOMA violates the Fifth Amendment by failing to provide equal rights to all Americans and the Tenth Amendment by impeding the right of states to regulate marriage.
Readers are asked to click upon the hyperlinks noted above to read this article in full.
Frequent readers may recall that Representative Jerrold Nadler has rather recently introduced legislation colloquially referred to as the Respect for Marriage Act (RFMA) which attempts to rectify the current legal discrimination faced by those who have entered into a same sex marriage. The RFMA would provide federal “certainty” to validly licensed State sanctioned same sex marriages which would presumably allow federal protection for marital benefits regardless of the geographic location of a same sex married couple. Meanwhile, those same sex bi-national couples who are currently separated from their loved ones due to the discrimination which currently prohibits same sex couples (even those validly married in a State jurisdiction) from receiving visa benefits for their foreign spouse in the same manner as those who seek a K-1 visa, CR-1 visa, or an IR-1 visa. Representative Nadler has also introduced legislation to specifically rectify discrimination in an immigration context in the form of the Uniting American Families Act (UAFA). It has long been this blogger’s opinion that inter-jurisdictional issues pertaining to same sex marriage will ultimately be resolved in the US Courts, but a final resolution has yet to present itself.
In matters related to the Association of Southeast Asian Nations (ASEAN), it was recently noted that diplomatic progress has been made with respect to negotiations pertaining to the South China Sea. In order to provide further insight it is necessary to quote directly from the official website of the Japan Times, JapanTimes.co.jp:
KANEOHE, Hawaii — Last week a sense of optimism wafted out of the Bali meetings of the Association of Southeast Asian Nations. ASEAN and China agreed on “guidelines” for implementing their previously agreed 2002 Declaration on Conduct of Parties in the South China Sea (DOC). Some players including China hailed this as a breakthrough. Others agreed with U.S. Secretary of State Hillary Clinton that “It was an important first step but only a first step” and that ASEAN and China should move quickly — even urgently — toward an actual code of conduct…ASEAN made a major compromise by agreeing to drop a clause that would mandate that it form an ASEAN position before dealing with China on South China Sea issues. This gesture was important to convince China that the other claimants (Brunei, Malaysia, the Philippines and Vietnam) are not using ASEAN to “gang up” on it. China also deserves considerable credit. It had long resisted the draft guidelines and made a major compromise by agreeing to them…
Readers are encouraged to click upon the relevant hyperlinks above to read this interesting posting in full.
As the tensions in the South China Sea seem to be subsiding there seem to be many who hope that a lasting framework can be implemented in order to deal with the myriad issues that are raised by the complexity of this multi-jurisdictional dispute. The issue of maritime freedom of navigation is an important and salient one for those nations which maintain sea power. Therefore, balancing the interests of all such parties in any agreement can be difficult and the drafting of such an agreement could be time consuming as well. Hopefully, any possible future agreement will operate to the benefit of all concerned.
For information related to legal services in Southeast Asia please see: Legal.
30th July 2011
It recently came to this blogger’s attention that representatives from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are set to meet in September. Further, the Philippine DFA has apparently commented upon these developments. To provide further insight it is necessary to quote directly from the website ABS-CBNNews.com:
MANILA, Philippines – A team of maritime legal experts from the Association of Southeast Asian Nations (ASEAN) is scheduled to meet in Manila in September to begin talks on maritime territorial issues, the Department of Foreign Affairs (DFA) said Friday. This is part of the preventive diplomacy approach wherein ASEAN experts will determine disputed from non-disputed waters, DFA spokesman Raul Hernandez said. “The experts will give a concept paper to determine the zone of peace and cooperation and let them discuss it, assess and hopefully support it. We will present it to the ASEAN and hopefully China will hear it,” he added…
The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to learn more from this insightful article.
There are many who have speculated that the ASEAN region could one day see a single visa system similar to the Schengen system utilized in certain countries of Europe. However, this development remains to be seen. Meanwhile, discussions regarding the tensions which have recently arisen with respect to the South China Sea area have sort of been “tabled” until the upcoming meeting in Manila. Hopefully, this situation evolves into something that is beneficial for all of the ASEAN countries and the Greater Asian region as a whole.
In news pertaining to the continuing struggle for LGBT Equality it recently came to this blogger’s attention that a venerated publication has noted recent shifts in American attitude regarding same sex marriage. To quote directly from the official website of The Economist magazine, Economist.com
[W]hen National Journal polled political “insiders” this month, it found a majority of Democratic politicos, lobbyists and strategists in favour of making gay marriage legal. No less telling, a majority of their Republican counterparts, while continuing to oppose gay marriage, thought their party should just ignore the issue. That might make electoral sense. Since it is the young who are most relaxed about gay marriage, standing in its path might cost the Republicans dear in the future. The notion of denying gays the spousal rights available to others makes little sense to a generation that sees marriage at least as much as a union of soul-mates as a formal structure for child-rearing…That may be why Rudy Giuliani, the former mayor of New York who ran for the presidency in 2008 and may yet do so again, has warned fellow Republicans to “get the heck out of people’s bedrooms”…
This blogger asks readers to click upon the hyperlinks noted above to read further from this insightful article by Lexington.
Frequent readers of this blog may have noted that the Respect for Marriage Act (RFMA) noted above was introduced in the United States House of Representatives by Representative Jerrold Nadler. Representative Nadler is also the sponsor of the Uniting American Families Act (UAFA) which, if enacted, would remedy the current discrimination faced by same sex bi-national couples who cannot receive visa benefits such as the CR-1 visa, the IR-1 visa, or the K-1 visa in the same manner as their different-sex counterparts notwithstanding that they may have a valid State licensed same sex marriage.
For information pertaining to legal services in Southeast Asia please see: Legal.
26th July 2011
State Of New York Sees DOMA Challenge In US Federal Courts
Posted by : admin
It recently came to this blogger’s attention that there may be a pending matter coming before the US Courts pertaining to same sex marriage in the sovereign State of New York. In order to provide further insight it is necessary to quote directly from the website of the Washington Blade, WashingtonBlade.com:
Before the ink had even dried on many of the first marriage licenses for same-sex couples in New York, the state Attorney General was busy filing a brief in one of the several cases against the Federal Defense of Marriage Act, which prevents the Federal Government from recognizing same-sex marriages performed in the states where such marriages are legal, and preempts the Constitutional ‘Full Faith and Credit’ cause by allowing states to refuse to recognize some marriages performed in elsewhere. Tuesday, Attorney General Eric Schneiderman filed an Amicus Curie brief in the U.S. District Court for the Southern District of New York in the Windsor v. United States, a case brought against the government by the American Civil Liberties Union on behalf of New York widow Edie Windsor. When her wife Thea passed away in 2009, Edie was forced to pay penalties most married couples don’t have to pay because her marriage was not recognized, though the two had shared a life together for over 44 years. [sic]
The administration of this web log strongly encourages interested readers to click on the relevant hyperlinks above to read more from this always interesting website.
Frequent readers of this web log may recall that issues pertaining to Full Faith and Credit pursuant to the Full Faith and Credit Clause of the United States Constitution are central to the issue of federal recognition of State licensed same sex marriages. This blogger has always felt that the issue of Full Faith and Credit in the context of same sex marriage will likely be adjudicated in the American Court system as there are those who would argue that the United States Congress does not have the political will to pass legislation to rectify the current discrimination imposed by the so-called “Defense of Marriage Act” (DOMA). This argument is generally made notwithstanding the fact that legislators such a Representative Jerrold Nadler have introduced legislation such as the Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) which would alleviate immigration discrimination and provide “certainty” to State legalized and/or solemnized same sex marriages, respectively.
Congressional reluctance regarding the repeal of DOMA would seem to exist notwithstanding the fact that there is a fundamentally pro-States’ Rights element which augers in favor of DOMA repeal. States’ Rights arguments are often undertaken by those on the so-called “political right” in America politics. Meanwhile, there is a concurrent Civil Rights and Equal Protection argument which seems to operate in favor of DOMA repeal. Such arguments are often espoused by members of the so-called “political left” in American politics. How these issues will ultimately be resolved remains to be seen, but one this is certain: this situation makes for interesting political and legal theater.
24th July 2011
It recently came to this blogger’s attention that there is some speculation regarding the possibility that some sort of repeal of the so-called “Defense of Marriage Act” (DOMA) may not necessarily be forthcoming. To provide further insight it is necessary to quote directly from the official website of the Lez Get Real website, LezGetReal.com:
None of us have seriously expected that the House of Representatives would take up the Respect for Marriage Act. After all, the Republicans have to try and hold onto what is left of their base, and at this point, they are just scared that the rest of the country is going to turn their back on them…It is not surprising. Boehner is wasting valuable money in order to defend the Defense of Marriage Act in court after parts of it were declared unconstitutional and President Barack Obama abandoned the defense of it on that basis…
This blogger asks readers to click upon the hyperlinks noted above to read this insightful article in detail.
The question that this blogger would pose regarding Republican support (or lack thereof) for at least a change to DOMA is this: since when did Republicans casually overlook glaring issues such as that of States’ Rights? Pursuant to the Full Faith and Credit Clause of the Constitution of the United States of America public acts, records, and judicial proceedings of every State shall receive Full Faith and Credit from that State’s sister States. Although the federal government is permitted to regulate as to the “effect” of such acts, proceedings, and records; it would appear to this blogger that said government is not permitted to abrogate State acts, proceedings, and records via mere “non-recognition”. That stated, a final resolution on these issues has yet to be seen.
On a related topic, it would appear that the sovereign State of New York has heeded the call of her citizenry and thereby placed them one step closer to the ultimate goal of full LGBT Equality. In order to provide sufficient insight it is necessary to quote directly from the official website of the New York Post, NYPost.com:
The Big Apple said “I do” to a new era of gay rights this morning and celebrated New York City’s first same-sex weddings. Chelsea residents Phyllis Siegel, 77, and Connie Kopelov, 85, got hitched at the marriage bureau on Worth Street in Lower Manhattan at 9:02 a.m., setting off wedding bells across Gotham. City Council Speaker Christine Quinn, who is openly gay, witnessed the ceremony that was officiated by City Clerk Michael McSweeney. ‘‘It was just so amazing,’’ said Siegel, who has been with her love for 23 years. ‘‘It’s the only way I can describe it. I lost my breath and a few tears.’’ She added: ‘‘This is the first day of the rest of our lives…’’
The administration of this web log asks readers to click upon the hyperlinks noted above to learn more from this well written article.
The State of New York joins other American States such as the Commonwealth of Massachusetts in providing marriage benefits to same sex couples. Frequent readers of this blog may note that this news is perhaps cold comfort to the many same sex bi-national couples who are currently separated due to enforcement of the provisions of DOMA. Pursuant to the language of DOMA, even those who have entered into a same sex marriage in one of those jurisdictions in which said unions are legalized and/or solemnized are not permitted to obtain visas such as the K-1 visa, CR-1 visa, or IR-1 visa in the same way as different-sex couples. That stated, proposed legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act (RFMA) should resolve these issues, but passage of said legislation remains to be seen.
For information related to legal services in Southeast Asia please see: Legal.
22nd July 2011
It recently came to this blogger’s attention that the United States Secretary of State has recently been noted for her positive comments regarding a draft agreement between China and certain Southeast Asian Nations pertaining to the South China Sea. In order to provide further information it is necessary to quote directly from the official website of the Associated Press, AP.org:
BALI, Indonesia (AP) — U.S. Secretary of State Hillary Rodham Clinton’s is praising a preliminary agreement between China and Southeast Asian Nations to peacefully resolve competing territorial claims in the strategic South China Sea. At a meeting with China’s foreign minister on the sidelines of a Southeast Asian regional security forum in Bali, Indonesia on Friday, Clinton commended the two sides for reaching the deal, which aims to prevent conflict over several disputed islands and potential oil and gas resources. The U.S. has said peaceful resolution to the claims is an American national security interest…
This blogger asks readers to click upon the relevant hyperlinks noted above to learn more.
Readers may recall that recent discussions within the Association of Southeast Asian Nations (ASEAN) have revolved around issues pertaining to disputes in the South China Sea. It would appear as though American officials have taken note of recent positive developments. It should be noted that there have also been discussions centering upon the idea of an ASEAN Visa Area similar to the Schengen Visa Program. That stated, there has yet to be any type of finalized agreement related to that issue.
Meanwhile, it would appear as though multiple mainstream and alternative media outlets have been discussing issues related to the struggle for LGBT Equality to best bring home this point it it necessary to quote directly from the website of The Atlantic, TheAtlantic.com:
The portentously named “Respect for Marriage Act” is a short, sweet bill that would repeal the equally portentously named “Defense of Marriage Act,” or DOMA, passed in 1996 by an overwhelming bipartisan majority and signed into law by then-President Bill Clinton. Sponsored and championed at the time by a Georgia Republican congressman named Bob Barr, DOMA wrote into federal law two key concepts: first, for federal purposes, the word “marriage” would mean only a legal union between one man and one woman; and second, no state had to recognize a marriage between two people of the same sex that had been performed in any other state or jurisdiction. The “Respect for Marriage Act”, or the DOMA repeal bill, would let the feds return to their traditional practice of recognizing any state’s valid marriages — which would include same-sex marriages made in the six states (and district of Columbia) that currently perform them.
The administration of this blog asks readers to click upon the relevant hyperlinks noted above to read this interesting article in detail.
This was, in this blogger’s opinion, a very insightful article, but this blogger’s question would be: since when do the “feds” get to deviate from their so-called “traditional practice” of recognizing validly legalized and/or solemnized marriages occurring in purely intra-State jurisdiction? For this is the fundamental question pertaining to the issue of Section 3 of the so-called “Defense of Marriage Act” (DOMA). The Commonwealth of Massachusetts‘s right to marry individual’s within said jurisdiction would appear to be virtually “allodial” compared to the (somewhat spurious) claim that said marriages can effectively be abrogated via federal “non-recognition”.
21st July 2011
It recently came to this blogger’s attention that multiple media outlets are reporting upon the recent Senate hearings discussing the so-called “Defense of Marriage Act” (DOMA). In order to provide sufficient insight it is necessary to quote directly from the official website of Lez Get Real, LezGetReal.com:
Al Franken looks bored. That is not surprising. Committee hearings are rather boring. The Senate Judiciary Committee has been hearing evidence both for and against repealing the Defense of Marriage Act. While the hearing heard testimony about the financial and symbolic damage that DOMA does to couples, it is unlikely that the Respect for Marriage Act will get anywhere in the House where the Republicans will ignore it. Heading up the push for the RFMA is Vermont Senator Patrick Leahy. When DOMA first came in, Senator Leahy voted for it, but a decade and a half later, he has changed his mind and is pushing to end it. He has also hailed the decision by President Barack Obama to support the repeal of DOMA…
This blogger asks readers to click upon the hyperlinks noted above to learn more from this interesting story. This blogger must admit that he was rather pleasantly surprised by the questioning posed by Senator Al Franken which can be viewed by clicking on the relevant links above.
Those unfamiliar with the currently unfolding debate involving DOMA should note that that legislation in its present form precludes those in a same sex marriage (even one solemnized and/or legalized by one of the sovereign American States) from receiving similar benefits compared to those in a different-sex marriage. For example, a same sex bi-national couple is unable to obtain visa benefits such as the K-1 visa, the IR-1 visa, or the CR-1 visa in the same manner as their different-sex counterparts. Meanwhile there are many other federal benefits that are not generally accorded to same sex partners. In order to provide further elucidation on these points it is necessary to quote directly from The New Civil Rights Movement website, TheNewCivilRightsMovement.com:
Immigration for Bi-National Couples. Nearly 26,000 same-sex couples in the United States are bi-national couples who could be forced to separate because they cannot participate in green-card and accelerated citizenship mechanisms offered to non-citizen spouses of American citizens…There are 581,300 same-sex couples in the United States, including 50,000 to 80,000 legally married same-sex and another 85,000 who are in civil unions or registered domestic partnerships. Approximately 20% of same-sex couples are raising nearly 250,000 children, and DOMA deprives them of the legal and social protections being married offers. Additionally, almost one-fourth of same-sex partners are people of color, over 7% of individuals in same-sex couples are veterans of the U.S. armed forces, and same-sex couples live in every congressional district and in almost every county in the United States…
The administration of this blog asks readers to click through the hyperlinks noted above to read this very insightful article in full.
It should be noted that in the United States House of Representatives legislation such as the Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) have been introduced by Representative Jerrold Nadler in order to provide some sort of remedy to the current predicament faced by LGBT couples. As noted in the first excerpt quoted there is pessimism regarding the reaction of Republican legislators to the aforementioned proposed legislation. That stated, there are significant States’ Rights implications of these issues especially in light of the language regarding Full Faith and Credit in the Full Faith and Credit Clause of the United States Constitution. Therefore, speculation regarding willful ignorance of issues pertaining to DOMA and the RFMA by the United States House of Representative may ultimately prove unfounded although vigilance may still be necessary in the continuing struggle for LGBT Equality.
For information pertaining to legal services in Southeast Asia please see: Legal.
19th July 2011
It recently came to this blogger’s attention that the President of the United States of America may be changing his position on the issue of same sex marriage in the context of a repeal of the so-called “Defense of Marriage Act” (DOMA). To quote directly from an article written by Helene Cooper and posted on the official website of the The New York Times, NYTimes.com:
WASHINGTON — President Obama will endorse a bill to repeal the law that limits the legal definition of marriage to a union between a man and a woman, the White House said Tuesday, taking another step in support of gay rights. Jay Carney, the White House press secretary, said Mr. Obama was taking the additional step away from the Defense of Marriage Act — which the administration said earlier this year it would no longer defend in court — in order to “uphold the principle that the federal government should not deny gay and lesbian couples the same rights and legal protections as straight couples.” If the measure passes, it would make same-sex couples eligible for certain federal benefits that have previously been available only to heterosexual married couples…
The administration of this web log strongly encourages readers to click on the hyperlinks above to read this article in detail.
This news comes virtually contemporaneously with the announcement that the United States Senate’s Judiciary Committee is set to hold hearings on the issue of DOMA and the possible promulgation of legislation such as the Respect for Marriage Act. Such legislation would provide “certainty” to those same sex couples who have married in one of the States which allows same sex unions. Currently, same sex bi-national couples are barred from receiving American immigration benefits such as the CR-1 visa, K-1 visa, or IR-1 visa as section 3 of DOMA precludes awarding such benefits even if a same sex marriage has been legalized and/or solemnized by one of the sovereign American States.
In related news, it would appear as though advocacy groups calling for the repeal of DOMA are stressing the immediacy of the upcoming hearings and how a show of support could have a positive impact upon the legislative process. In order to shed further light upon these developments it is necessary to quote directly from the Instinct website, InstinctMagazine.com:
With the Senate set to begin the DOMA hearing tomorrow, the Courage Campaign is asking the community to help get the urgency across by participating in a new viral campaign. But no signatures here! Find out how to get involved after the jump. Two years ago, Courage Campaign launched “Fidelity,” a multimedia video focused on Prop. 8, urging the courts to not forcibly divorce same-sex families. With the first-ever repeal hearing for the Defense Of Marriage Act about to begin tomorrow in D.C., community leaders are calling on us all to get involved with “Fidelity II…”
The administration of this web log encourages readers to click upon the hyperlinks noted above to read further from this interesting posting.
It remains to be seen how these issues will play out, but it should be noted that there are other considerations inherent to this issue apart from Civil Rights and Equal Protection principles. For example, there are certain States’ Rights components to an analysis of American jurisprudence regarding the legality of the federal government’s refusal to recognize same sex marriages legalized and/or solemnized in the sovereign States since notions of Full Faith and Credit pursuant to the Full Faith and Credit Clause of the United States Constitution come into play. Meanwhile, there are some who could argue that notions of natural rights and natural law should not be overlooked in any analysis of possible DOMA repeal. As this situation continues to evolve it should prove interesting to see how this issue is ultimately resolved.
19th July 2011
It recently came to this blogger’s attention that the naval chiefs of the nations which comprise the Association of Southeast Asian Nations are set to meet in Hanoi, Vietnam in upcoming days. To provide further insight it is necessary to quote directly from the official website of China Daily, ChinaDaily.com.cn:
HANOI – The 5th ASEAN Naval Chiefs’ Meeting (ANCM-5) will be held in Vietnam on July 26-29, with participation of naval commanders from nine ASEAN member countries and the Lao defense attache in Vietnam. According to Vietnam News Agency on Tuesday, it is the first time Vietnam hosts such defense cooperation event, during which delegates will share views and discuss cooperative measures to respond to security challenges in the region, among other issues…
This blogger asks readers to click upon the hyperlinks noted above to learn more from this insightful article.
This news comes upon the heels of news that the American President is scheduled to attend an upcoming ASEAN meeting. Meanwhile, ASEAN leaders are apparently in continued discussion regarding a communique pertaining to the South China Sea. Finally, it would appear as though there may be further discussion regarding an ASEAN visa which would operate in a similar manner to the Schengen Visa. How all of these developments will ultimately play out remains to be seen, but they are certainly of interest for those in the region.
In news related to the struggle for LGBT Equality this blogger recently came upon an interesting posting discussing the current legal position of the LGBT community in light of continued enforcement of the so-called “Defense of Marriage Act” (DOMA). To quote directly from a posting by Peter J Reilly on the official website of Forbes, Forbes.com:
One of my earliest and most popular (pre-Forbes) posts was on the case of Rhiannon G. O’Donnabhain, who wanted to deduct the cost of gender reassignment surgery as a medical expense. The IRS argued that the procedure was “cosmetic surgery” and not deductible. Ms. O’Donnabhain prevailed. Then came Gill V OPM. As I noted in my inaugural Forbes post, marital status impact over 1,000 “benefits, rights and privileges” in the United States Code. Section 3 of the Defense of Marriage Act (DOMA) holds that a couple is not married for any federal purpose unless they are of the opposite gender and that the word spouse means a person of the opposite gender. In Gill v OPM a district court ruled that Section 3 of DOMA had no rational basis. There were several plaintiffs in Gill, all legally married in Massachusetts, arguing for a variety of benefits including that of filing a joint return…
Those interested in such issues are strongly encouraged to click upon the relevant hyperlinks above to read this interesting posting in detail.
Section 3 of DOMA also has significant ramifications in an American immigration context as even those who have entered into a same sex marriage in a State which legalizes such unions cannot use said marriage as a basis to petition for spouse visa benefits (such as the CR-1 visa and the IR-1 visa). Concurrently, as such unions are not recognized by the United States federal government a petition for a same sex K-1 visa would also not be permissible so long as DOMA remains in place. Bearing that in mind the reader should note that legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act (UAFA), and the Reuniting Families Act in order to provide some sort of remedy for the current discrimination being borne by same sex bi-national couples and the LGBT community as whole. As of the time of this writing none of the above legislation has seen passage although with an upcoming Senate Judiciary Committee hearing set to discuss DOMA there is hope that this discrimination will not continue indefinitely.
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