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Posts Tagged ‘DOMA’
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.
17th July 2011
It recently came to this blogger’s attention that members of the American Armed Services were recently noted for their apparent presence at a recent march in support of equal rights for the LGBT community. To quote directly from the official website of the Reuters News Service, Reuters.com:
A group of U.S. service members marched in a San Diego gay pride parade on Saturday, in a demonstration organizers touted as an unprecedented step for gay and lesbian military personnel under the Pentagon’s “Don’t Ask, Don’t Tell” policy…The march came a day after a three-judge panel of the U.S. 9th Circuit Court of Appeals temporarily reinstated the military’s “Don’t Ask, Don’t Tell” policy on gays, but blocked the Pentagon from penalizing or discharging anyone for being openly gay. The decision marked a reversal from an earlier order to immediately end the policy…
The administration of this blog asks readers to click upon the relevant hyperlinks noted above to learn more about these developments.
Frequent readers of this web log may take note of the fact that the 9th Circuit’s decision in the “Don’t Ask, Don’t Tell” matter came down almost contemporaneously with the decision by the United States Bankruptcy Courts to begin allowing bankruptcy petitions from same sex couples if a couple in question has entered into a same sex marriage in one of those jurisdictions which permit such marital unions. This news comes after the announcement that the United States Senate is set to hold hearing regarding the so-called “Defense of Marriage Act” and a possible substitute for that legislation in the form of the Respect for Marriage Act. In fact, it was recently announced that the chairman of said proceedings has already been named. In order to provide further insight it is necessary to quote directly from the website of News Radio WGMD 92.7, WGMD.com:
Senator Chris Coons will chair the second panel of the Senate Judiciary Committee which will consider legislation that would repeal the Defense of Marriage Act. Coons is a co-sponsor of the Respect for Marriage Act and says that DOMA is discriminatory and deserves to be repealed. Coons says this hearing is important as it will study the impact that DOMA has had on American families.
This blogger asks readers to click upon the links above to read this posting in detail.
It currently remains to be seen how the presence of Senator Chris Coons chairing the upcoming committee meeting will impact the overall debate on DOMA, but readers may recall that Representative Jerrold Nadler recently introduced both the Uniting American Families Act (UAFA) and the Respect for Marriage Act in the United States House of Representatives. These pieces of proposed legislation are designed to put an end to, at least, some of the current legal discrimination being borne by the American LGBT community. UAFA merely deals with the discrimination currently being applied to the LGBT community in an American immigration context while the Respect for Marriage Act was designed to provide a kind of legal certainty to those same sex couples who have married in one of those jurisdictions which legalize and/or solemnize such unions.
For related information please see: Full Faith and Credit Clause.
13th July 2011
It recently came to this blogger’s attention that the Judiciary Committee of the United States Senate is poised to hold a hearing to discuss the repeal of the so-called “Defense of Marriage Act” (DOMA) and a possible replacement piece of legislation referred to as the Respect for Marriage Act. To provide further information on these developments it is necessary to quote directly from the Washington Blade website, WashingtonBlade.com:
The Senate Judiciary Committee has announced that an anticipated hearing on legislative repeal of the Defense of Marriage Act has been set for July 20. According to a notice, the hearing on DOMA repeal legislation, also known as the Respect for Marriage Act, will take place July 20 at 10 a.m. in Room 226 the Dirksen Senate Office Building. Witnesses who will testify will be announced in the coming days. Sen. Patrick Leahy (D-Vt.), the chair of the Senate Judiciary Committee, is co-sponsor of the legislation that would repeal DOMA, which prohibits the federal government from recognizing same-sex marriages. In the Senate, the legislation is sponsored by Sen. Dianne Feinstein (D-Calif.)…
The administration of this web log asks readers to click upon the relevant hyperlinks noted above in order to read this article in detail.
In the context of American immigration the provisions of the so-called “Defense of Marriage Act” (DOMA) result in a situation where the LGBT community is subject to legal discrimination. For instance, same sex bi-national couples cannot receive the same visa benefits as their different-sex counterparts. Therefore, visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa are not available to those who have a same sex partner or for those couples who have entered into a same sex marriage. This discrimination occurs even where the same sex couple in question has been married in one of the sovereign American States or the District of Columbia where same sex marriages are legalized and/or solemnized. Currently, pending legislation such as the aforementioned Respect for Marriage Act (introduced in the United States House of Representative by Representative Jerrold Nadler, who also introduced the Uniting American Families Act designed to deal specifically with the immigration implications of DOMA) and the Reuniting Families Act (introduced by Representative Mike Honda) would address certain aspects of DOMA. In fact, the Respect for Marriage Act is designed to provide a doctrine of “certainty” whereby those couples married in one of the sovereign American States which recognize such unions can rely upon federal recognition of such unions regardless of their physical location.
In news pertaining to business in China and the United States of America it recently came to this blogger’s attention that China may be poised to import as much as 2 million metric tons of American corn. In order to provide more specifics it is necessary to quote directly from an article written by Tom Polansek and posted to the website of the The Wall Street Journal, WSJ.com:
The U.S. Department of Agriculture raised its estimates for corn exports to China fourfold, another nod to the country’s rising demand in a market under strain. In addition, the amount of the grain used to make ethanol is expected to eclipse its use in animal feed in the U.S. for the first time ever. China is now forecast to import 2 million metric tons of U.S. corn in the next marketing year, which begins on Sept. 1, compared to the previous projection of 500,000 tons…Traders also point to China as the likely buyer behind hundreds of thousands of tons that the USDA lists as going to “unknown destinations.” “The increase in Chinese imports is likely lagging what is really going to happen,” said Joel Karlin, analyst for Western Milling, a producer of animal feed in California. The USDA left its estimates for export to China in the current crop year, which ends Aug. 31, unchanged at 1.5 million metric tons…
This blogger asks readers to click upon the relevant hyperlinks above to read this story in detail.
The United States Department of Agriculture (USDA) is responsible for the regulation of American agricultural matters. This agency routinely publishes information related to the state of the American agricultural sector. It would appear that the rising demand from China for American agricultural products is not set to diminish anytime in the immediate future. The Chinese-American trade relationship is often noted for the fact that China exports a large amount of manufactured goods to America, but it seems as though less attention is paid to the amount of agricultural products which America provides to China. One issue on this blogger’s mind is the impact that the Association of Southeast Asian Nations (ASEAN) might have upon the demand for American agricultural products. As this regional grouping becomes increasingly geopolitically and economically potent it stands to reason that demand for agricultural products from the ASEAN jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) may be on the rise. Hopefully any and all of these developments prove to be a boon to America’s farmers and agricultural community.
For information pertaining to same sex marriage recognition please see: Full Faith and Credit Clause.
For information related to American company registration please see: US Company Registration.
12th July 2011
It recently came to this blogger’s attention that the often venerated alternative media outlet ZeroHedge.com has posted an analysis of issues pertaining to a proposed change to the forms used by those seeking a US Passport. To provide further insight it is necessary to quote directly from the Zero Hedge website, ZeroHedge.com
In the US, the government now requires all citizens to have a passport in order to pass the border, even when driving into Mexico or Canada. Obtaining a passport, however, is neither free nor guaranteed. You must apply, pay an ever-increasing fee, and wait for weeks to be approved and receive it. Recently, the State Department quietly proposed a new ‘biographical questionnaire’ in lieu of the traditional passport application. The new form requires you to provide things like:
- names, birth places, and birth dates of your extended family members
– your mother’s place of employment at the time of your birth
– whether or not your mother received pre-natal or post natal care
– the address of your mother’s physician and dates of appointments
– the address of every place you have ever lived in your entire life
– the name and address of every school you have ever attendedMost people would find it impossible to provide such information, yet the form requires that the responses ‘are true and correct’ under penalty of imprisonment. Naturally, the privacy statement on the application also acknowledges that the responses can be shared with other departments in the government, including Homeland Security. If this proposal passes, then US citizens will have a nearly insurmountable hurdle to obtain a passport and be able to leave the country at will…
The administration of this blog asks readers to click upon the relevant hyperlinks noted prior to this excerpt. Also, it is advisable to click upon the hyperlinks contained within this quotation in order to understand this situation in context.
Each year, many Americans traveling abroad, or those Americans resident abroad, renew their passport at an American Citizen Services section of a US Embassy or US Consulate abroad. It has always been this blogger’s opinion that personnel of the Department of State who handle such matters do so in an efficient and courteous manner. Meanwhile, many United States Citizens opt to seek passport renewal in the USA. This blogger has undertaken both endeavors and in each case the officers involved processed the request quickly and with little difficulty. Although it remains to be seen how the proposed questionnaire would actually impact the processing of passport issuance requests one can hope that the process will not become overly cumbersome.
In news pertaining to the struggle for LGBT Equality, it recently came to this blogger’s attention that a woman in the sovereign State of New York is challenging the legal status and Constitutionality of the provisions of the so-called “Defense of Marriage Act” (DOMA). In order to provide the reader with some relevant insight it is necessary to quote directly from an article by Mark Hamblett for the New York Law Journal posted on Law.com:
Challengers to the federal Defense of Marriage Act insist that every justification offered by Congress for defining marriage exclusively as between a man and a woman is contrary to logic and the law. In summary judgment papers filed in the Southern District of New York, lawyers for Edith Schlain Windsor argue that there is no good reason for treating her marriage to the late Thea Clara Spyer any differently than a heterosexual union. Read Ms. Windsor’s motion and memorandum. Ms. Windsor’s lawyers call the Defense of Marriage Act (DOMA) a radical measure and a clear violation of the right to equal protection of the laws under the Fifth Amendment to the U.S. Constitution. “DOMA is a sweeping statute that rewrites over one thousand federal laws and overturns the federal government’s long-standing practice of deferring to state determinations of marital status,” the lawyers claim in a memorandum asking Magistrate Judge James C. Francis IV for summary judgment in the case of Windsor v. United States, 10-cv-8435. “Throughout history, the federal government has never married people, leaving that to the states…”
This blogger asks readers to click upon the hyperlinks noted above to read about this case in detail.
Those unfamiliar with the current predicament of the LGBT community should note that in immigration matters same sex bi-national couples, even those who have entered into a same sex marriage in one of the sovereign American States which legalize and/or solemnize such unions, are unable to petition for the same immigration benefits as their different-sex counterparts. In order to attempt to remedy this particular discrepancy Representative Jerrold Nadler recently introduced legislation such as the Uniting American Families Act (UAFA). The Respect for Marriage Act was also introduced by Representative Nadler in order to remedy the issue of “certainty” in such cases. As of the time of this writing, neither of these bills has seen enactment although there has been recent news that the Senate Judiciary Committee may be holding hearings pertaining to the Respect for Marriage Act soon. On a related note, the Reuniting Families Act, which apparently includes UAFA-like language, was lately introduced by Representative Mike Honda although passage of this legislation remains to be seen.
There is certainly an “equal protection” component to any argument against DOMA, but relatively few commentators seem to take note of the fact that the way DOMA is currently enforced may also violate notions of States’ Rights. Generally, matters pertaining to the prerogatives of the Several States are debated by the United States Congress before enactment of legislation which maintains interstate compliance with the provisions of the Full Faith and Credit Clause of the United States Constitution. In this case, Congress has arguably abrogated the notion of Full Faith and Credit inherent in the provisions of the Full Faith and Credit Clause since section 3 of DOMA effectively renders the prerogatives of the sovereign States ineffective when it comes to the issue of same sex marriage.
The issues associated with DOMA have yet to be fully resolved, but it seems likely that these matters may remain contentious both inside the Courtrooms of America and elsewhere.
9th July 2011
It recently came to this blogger’s attention that the United States Bankruptcy Courts may soon be hearing cases involving bankruptcy petitions for couples who have entered into a same sex marriage. In order to provide further insight it is prudent to quote directly from the official website of the Reuters News Service, Reuters.com:
The U.S. Justice Department has dropped its opposition to joint bankruptcy petitions filed by same-sex married couples in a victory for supporters of gay marriage. The policy change is the latest setback for the 1996 Defense of Marriage Act (DOMA), which has come under increasing pressure since the Obama administration said in February that it would no longer defend its constitutionality. Until now, the Justice Department had routinely intervened to stop joint bankruptcy cases filed by same-sex couples. The Department’s position had been that the bankruptcy code only allows joint filings by opposite-sex spouses as defined under the federal Defense of Marriage Act, which bars federal recognition of same-sex marriage. In an unexpected turnabout, the department on Wednesday filed a request to withdraw its appeal in one such case. Justice Department spokeswoman Tracy Schmaler confirmed the policy change in an e-mail to Reuters on Thursday. “The Department of Justice has informed bankruptcy courts that it will no longer seek dismissal of bankruptcy petitions filed jointly by same-sex debtors who are married under state law,” she wrote…
The administration of this web log encourages readers to click upon the relevant hyperlinks above to read this interesting article by Terry Baynes which was edited by Cynthia Johnston.
Although the main thrust of this blog is not centered upon the discussion of federal bankruptcy issues, this change in policy to recognize those same sex couples married under State law is certainly a victory for advocates of LGBT Equality. Concurrently, it is also a victory for proponents of States’ Rights, a doctrine which holds many of the prerogatives and laws of the States in high regard relative to those of the federal government of the United States of America. Meanwhile, advocates for full LGBT Equality must continue to wait for full legal recognition of equal rights until such time as the so-called “Defense of Marriage Act” (DOMA) is either repealed, replaced with legislation similar to the Respect for Marriage Act, or amended in such a way that true equality under the law is granted for the individuals involved while the prerogatives of the sovereign American States are respected. Something perhaps akin to the doctrine of “certainty” enshrined in the provisions of the Respect for Marriage Act noted above.
In an American immigration context, it should be noted that members of the LGBT community cannot be granted the same visa benefits in the same manner as other communities since same sex bi-national couples are not able to obtain travel documents such as the CR-1 visa, the IR-1 visa, or the K-1 visa in the same way as their different-sex counterparts. Therefore until such time as DOMA is repealed this situation is unlikely to change. In the event that legislation such as the Respect for Marriage Act, the Reuniting Families Act, or the Uniting American Families Act (UAFA) is enacted by the Congress and signed into law by the President then a same sex bi-national couple may be able to petition for US immigration benefits for their spouse or fiance. As of the time of this writing, such a scenario is not yet feasible.
In news related to China and the Association of Southeast Asian Nations (ASEAN) it recently came to this blogger’s attention that tensions appear to be subsiding with respect to the various issues surrounding the South China Sea. This assessment is made based upon apparent announcements from the Philippine Foreign Affairs Secretary Albert F. del Rosario. To provide more information it is necessary to quote directly from the website of Business World Online, BWorldOnline.com:
BEIJING –FOREIGN AFFAIRS Secretary Albert F. del Rosario on Friday said he and ranking Chinese officials agreed to settle the territorial dispute in the South China Sea through guidelines agreed upon by China and the Association of Southeast Asian Nations (ASEAN) almost a decade ago.Mr. Del Rosario, who talked to foreign journalists at the St. Regis Hotel near the Philippine embassy, said “yes” when asked if his two-day visit was a success, adding that both side have renewed their commitment to bring stability in the area amid recent tensions. “The two sides reaffirmed their commitments to respect and abide by the Declaration on the Conduct of Parties in the South China Sea signed by China and the ASEAN member countries in 2002,” Mr. del Rosario said, referring to his meeting with Chinese Vice-President Xi Jinping and Foreign Minister Yang Jiechi. “Both ministers agreed to further strengthen the bonds and friendship and cooperation between the two countries and to fully implement the Joint Action Plan,” he added. “Both ministers exchanged views on the maritime disputes and agreed not to let the maritime disputes affect the broader picture of friendship and cooperation between the two countries,” Mr. del Rosario further said…The South China Sea, which hosts the oil-rich Spratly Islands, has been claimed in part or wholly by Brunei Darrusalam, China, Malaysia, the Philippines, Taiwan and Vietnam. In a conference in Manila late this week, foreign policy experts called for a binding agreement among Spratly claimants to resolve conflicting positions…[sic]
This blogger asks readers to click upon the relevant hyperlinks noted above to read this insightful article by Darwin T. Wee.
As can be gathered from the excerpt noted above, there have been many geopolitical facets to the South China Sea dispute, but one notable aspect of this developing situation is that the parties have a seemingly genuine desire to deal with the matter reasonably and and peacefully. Hopefully this attitude will continue and these issues can be resolved to the benefit of all concerned.
At the time of this writing, China continues to show signs of increasing economic and political strength. These developments come amidst news that Malaysia has maintained trade discussions with various African and Islamic nations while simultaneously playing a role within ASEAN. At the same time, circumstances in the so-called BRICS countries (Brazil, Russia, India, China, and South Africa) have lead many to believe that all of these jurisdiction will show further economic flourish in the future. Vietnam and Taiwan are dealing with rather new issues as they find themselves confronting the rest of the world on somewhat different terms compared to times past. These developments have both positive and negative ramifications for these jurisdictions, but the overall economic and political forecasts for all of these places appears bright.
As the aforementioned dispute appears to be moving toward a resolution it is hoped that further disputes can be handled using some sort of framework which provides efficiency in adjudicating issues while simultaneously operating on terms which all parties concerned can agree upon.
For information related to same sex marriage and the intersection between State and federal law please see: Full Faith and Credit Clause.
For information pertaining to legal services in Southeast Asia please see: Legal.
1st July 2011
During a recent exploration of the World Wide Web it came to this blogger’s attention that there are increasing numbers of websites reporting on issues associated with same sex marriage and the legal ramifications of such unions upon both the accordance of federal benefits and the issuance of United States visas. In a previous posting on this blog it was noted that the sovereign State of New York recently enacted legislation which would legalize same sex marriage in that jurisdiction. However, there are those who would argue that the struggle for LGBT Equality is far from finished. To provide further insight into these unfolding events it may be best to quote directly from the TheNation.com:
[W]hile this is certainly a moment to celebrate, same-sex couples in New York are not out of the woods yet. Because of the “Defense of Marriage Act” (DOMA) passed by Congress in 1996, the federal government does not honor any same-sex marriages performed in the states. So as thousands of gay and lesbian couples are married in New York over the coming months, the federal government will treat those legally married couples as strangers and deny them more than a thousand federal rights and protections of marriage, including Social Security spousal benefits, fair tax treatment and the right to sponsor a spouse for a visa or citizenship.
Readers are encouraged to click upon the relevant hyperlinks noted above to read this interesting article in detail. As noted previously in multiple postings on this web log the provisions of the so-called “Defense of Marriage Act” (DOMA) create a situation in which the federal government precludes recognition of same sex marriage even where one of the sovereign American States has legalized and/or solemnized such a union. This has lead some to note that failure on the part of the federal government to recognize such unions results in something of an abrogation of the notion of Full Faith and Credit as enshrined in the United States Constitution’s Full Faith and Credit Clause. That stated, some federal legislators, such as Representative Jerrold Nadler and Representative Mike Honda, have introduced legislation such as the Uniting American Families Act (UAFA), the Respect for Marriage Act, and the Reuniting Families Act which are designed to mitigate some of the discrimination imposed by application of DOMA. As of the time of this writing, however, none of the aforementioned legislation has been enacted.
Bearing in mind the facts noted above, the reader should note that there have been some other positive developments, albeit relatively minor, in the struggle for full equality. In order to shed further light upon these developments it may be prudent to quote directly from the website LGBTQNation.com:
Another battle which is loosening the Jenga pieces under this bigoted piece of legislation is the fight for immigration rights by bi-national couples. One such case that we’ve covered is that of Henry Valendia and Josh Vandiver, a legally married couple residing in New Jersey. Under DOMA, Valendia, a Venezuelan national, was denied legal residency. Last month, U.S. Attorney General Eric Holder vacated a decision made by the Board of Immigration Appeals (BIA)…[S]ome incredible news came to the Valencia-Vandiver family on Wednesday in the form of a dismissal by Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, and arm of the Homeland Security Department…
The administration of this web log asks readers to click upon the appropriate hyperlinks noted above to learn further details from this fascinating article.
It is certainly heartening to see that the United States government appears to have dismissed the proceedings related to this same sex bi-national couple. That stated, it is certainly possible that this may remain, at least for the time being, an isolated incident as the provisions of DOMA appear to still be in force. Hopefully, this case is the first in a long line of cases in which the LGBT community sees Full Faith and Credit and Equal Protection under the law of the United States of America.
For related information please see: US Visa Thailand.
28th June 2011
It recently came to this blogger’s attention that a United States Senator introduced legislation designed to engage the Association of Southeast Asian Nations (ASEAN) in a Free Trade Agreement (FTA). In order to provide further information regarding these developments it may be best to quote directly from the official website of The Nation, NationMultimedia.com:
United States Senator Richard G. Lugar, the Republican Leader of the Senate Foreign Relations Committee, today introduced legislation encouraging United States officials to initiate Free Trade Agreement (FTA) negotiations between the U.S. and the Association of Southeast Asian Nations (ASEAN), which presently accounts for the fourth largest export market of the United States. ”I am continuing my efforts to encourage the Obama Administration to announce a comprehensive and long-term strategy toward engaging ASEAN in FTA discussions,” Lugar said…
This blogger strongly encourages readers to click upon the relevant hyperlinks noted above to learn more on this story.
It is becoming increasingly apparent that the ASEAN community is likely to become more economically important in an international context as time passes. Clearly, Senator Richard Lugar’s proposed legislation will have a significant impact upon the trade relations between the United States of America and the countries which make up ASEAN (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam). Assuming appropriate circumstances, it could be surmised that the United States and the ASEAN community could share a strong trade relationship notwithstanding the growing trade between the United States and countries of the so-called BRICS grouping which includes nations such as India and China. Hopefully the business relationship between the US and ASEAN continues to thrive as these issues are discussed among relevant legislators.
In other matters pertaining to the United States Senate, it recently came to this blogger’s attention that this legislative body was also the forum in which a new UAFA-inclusive piece of immigration legislation was introduced. To provide further insight into these events it may be prudent to quote directly from the website Care2.com:
U.S. Senators introduced Wednesday the Comprehensive Immigration Reform Act of 2011 which includes the Uniting American Families Act (UAFA), legislation allowing U.S. nationals to sponsor their foreign-born same-sex partners for citizenship. The bill, introduced by Senator Robert Menendez (D-NJ) alongside Senators Harry Reid (D-NV), Patrick Leahy (D-VT), John Kerry (D-MA), Dick Durbin (D-IL) and Chuck Schumer (D-NY), has a UAFA-inclusive counterpart measure in the House as introduced by Representative Mike Honda (D-CA). LGBT groups including the Immigration Equality Action Fund praised the reintroduction of the legislation…
The administration of this web log encourages readers to click upon the hyperlinks note above to read more.
As the struggle for LGBT equality continues, legislation such as that noted above could have a significant positive impact upon the LGBT community. Importantly, the inclusion of language similar to the Uniting American Families Act (UAFA), a stand alone piece of legislation originally introduced by Representative Jerrold Nadler in the House of Representatives, would permit same sex bi-national couples to petition for American family immigration benefits similar to those routinely granted to different sex bi-national couples. Currently, the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude such benefits from same sex couples even if a couple has entered into a same sex marriage in one of the sovereign American States that legalize and/or solemnize such unions. Hopefully this proposed legislation can gain traction and thereby end the current discrimination imposed upon same sex couples.
For related information please see: US Company Registration or Legal.
25th June 2011
State Of New York Legalizes Same Sex Marriage
Posted by : admin
It recently came to this blogger’s attention that the sovereign State of New York has recently passed legislation which would permit same sex marriage in that jurisdiction. To provide further insight into these developments it may be prudent to quote directly from an Associated Press article written by Michael Gormley and posted to the Yahoo News section of Yahoo.com:
ALBANY, N.Y. – Same-sex marriage is now legal in New York after Gov. Andrew Cuomo signed a bill that was narrowly passed by state lawmakers Friday, handing activists a breakthrough victory in the state where the gay rights movement was born. New York becomes the sixth state where gay couples can wed and the biggest by far. “We are leaders and we join other proud states that recognize our families and the battle will now go on in other states,” said Sen. Thomas Duane, a Democrat. Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island…
The administration of this web log asks readers to click upon the hyperlinks noted above to read this story in detail.
Frequent readers of this blog may recall that Governor Andrew Cuomo has also been on the vanguard of initiatives designed to provide some protection for America’s immigrant communities. As the former Attorney-General of New York he has executed policies to counter immigration scams perpetrated against immigrants in the State of New York. To provide further insight into these developments this blogger felt it prudent to quote another source regarding these events. To quote directly from an article written by Marcia Kramer and posted on the website of CBS New York at CBSLocal.com:
ALBANY (CBSNewYork/AP) — Gay marriage will soon become legal in New York state after the Republican-controlled Senate narrowly voted in favor of the controversial bill on Friday night. Advocates are calling it a historic step as New York is now set to become the sixth but by far the largest state to legalize same-sex marriage. Democratic Gov. Andrew Cuomo, who campaigned on the issue last year, has promised to sign the bill. Gay weddings could begin 30 days after that…
This blogger encourages readers to click upon the relevant hyperlinks above to read this insightful article in detail.
There is little doubt that these developments are very significant for the LGBT community, but the struggle for full equality is far from finished as these developments may be cold comfort to those same sex bi-national couples who currently cannot be reunited in the United States due to the American federal government’s continued enforcement of the provisions of the so-called “Defense of Marriage Act” (DOMA) a piece of legislation which forbids the United States federal government from granting any form of recognition to same sex marriages even when those marriages are duly solemnized and/or legalized in one of the sovereign American States which recognizes such marital unions. Currently, proposed legislation such as Representative Jerrold Nadler‘s Respect for Marriage Act and the Uniting American Families Act (UAFA, a proposed piece of legislation which would rectify the current application of DOMA in an immigration context); or Representative Mike Honda‘s Reuniting Families Act would attempt to rectify, to one degree or another, the current discrimination borne by the LGBT community.
More American States seem to be heeding the call of their citizenry and taking legislative action to provide support for America’s LGBT families. Hopefully all of these developments eventually lead to a broad based recognition of the individual natural rights of all Americans.
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21st June 2011
It recently came to this blogger’s attention that the highly informative website of the American Immigration Lawyers Association has noted the Uniting American Families Act (UAFA) and the Reuniting Families Act (RFA) in a recent posting. Perhaps it is best to quote directly from the official website of the American Immigration Lawyers Association (AILA):
Uniting American Families Act of 2011 (H.R. 1537)
Introduced by Rep. Nadler (D-NY) on 4/14/11
Summary: Includes a “permanent partner” within the scope of INA. Defines a “permanent partner” as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines: (1) “permanent partnership” as the relationship existing between two permanent partners, and (2) “alien permanent partner” as the individual in a permanent partnership who is being sponsored for a visa…Reuniting Families Act (H.R. 1796)
Introduced by Rep. Honda (D-CA) on 5/6/11
Summary: Amends the INA to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year’s unused visas, and (2) the number of unused visas from FY1992-FY2011. Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year’s unused visas, and (2) the number of unused visas from FY1992-FY2011.Revises the definition of “immediate relative” to: (1) mean a child, spouse, or parent of a U.S. citizen or lawful permanent resident (and for each family member of a citizen or resident, such individual’s accompanying spouse or child), except that in the case of parents such citizens shall be at least 21 years old; (2) permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen’s or resident’s death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (3) include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen’s or resident’s death if the alien files a petition within two years after such date or prior to reaching 21 years old…
This blogger encourages readers to click upon the relevant hyperlinks noted above to read further into the details of all of the proposed pieces of legislation noted in the aforementioned quotation. Frequent readers of this blog may recall the initial introduction of these bills by Representative Jerrold Nadler and Representative Mike Honda, respectively. It could easily be inferred that many in the LGBT community and same-sex bi-national couples from around the globe are anxiously awaiting positive news on any of these legislative proposals.
Readers are reminded that Representative Nadler is the legislator who also proposed the Respect for Marriage Act which would provide federal recognition of the State licensure of same sex marriage. It should be noted that several sovereign American States currently legalize and/or solemnize such marital unions and jurisdictions such as the Commonwealth of Massachusetts and the State of California have seen cases in the federal judicial branch which may result in an end to the current discrimination felt by many couples as a result of the so-called “Defense of Marriage Act” (DOMA).
This news comes upon the heels of interesting possible political developments in Texas which may result in State legislation pertaining to TSA activities in airports. To quote directly from the official website of 1200 WOAI News Radio out of San Antonio, Texas:
Texas lawmakers will reconsider a bill that would criminalize ‘enhanced pat downs’ by Transportation Security Administration agents at the state’s airports, after Gov. Rick Perry placed the item on the agenda for the current special session of the legislature following intense pressure from conservatives and tea party groups, 1200 WOAI news has learned. “I am grateful that the governor heard the calls of the people demanding that lawmakers stand up for the liberties of Texans,” Wesley Strackbein, a conservative activist and founder of’ TSA Tyranny.com’ told 1200 WOAI news. Strackbein Saturday traveled to New Orleans to confront Perry at a book signing event and demand that the item be placed on the legislative agenda…
The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to learn more.
TSA‘s (Transportation Security Administration) usage of so-called “enhanced patdowns” upon children and physically/mentally challenged individuals, not to mention the public-at-large, has apparently caused intense political pressure at the grassroots level calling for restriction of these activities. It would appear as though tangible results of such pressures could be forthcoming, but until such time as a bill has actually been enacted it is difficult to say if, or when, offensive policies and procedures will actually change.
For related information please see: Full Faith and Credit Clause.
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