Integrity Legal

Those who read this blog with any degree of frequency may have noticed that the administration of this resource considers the issue of same sex marriage; and Federal recognition thereof, to be one of, if not the, foremost pending political and legal issues of the age. This opinion is based upon the fact that currently discriminatory Federal policies regarding recognition of properly solemnized and legalized State marriages between same sex couples are clearly operating in violation of long held Constitutional notions regarding State Sovereignty, Federalism, Separation of Powers, Full Faith and Credit, and Equal Protection.

Bearing the above in mind, it should be noted that there are legislators in Washington D.C. who seem committed to the cause of Equal Rights for the LGBT Community. To quote directly from a post on the website ImmigrationEqualityActionFund.org, apparently authored by Steve Ralls (Contact Details: 202-347-7007, sralls@immigrationequality.org):

Today, Congressman Jerrold Nadler (D-NY), the ranking Democrat on the Judiciary Subcommittee on the Constitution, Congresswoman Zoe Lofgren (D-CA), the ranking Democrat on the Judiciary Subcommittee on Immigration, and Representatives John Conyers (D-MI), Tammy Baldwin (D-WI), Jared Polis (D-CO), Mike Honda (D-CA), Luis Gutierrez (D-IL), and Jackie Speier (D-CA) announced the re-introduction of the Uniting American Families Act (UAFA). This overdue legislation would allow gay and lesbian Americans to sponsor their permanent partners for legal residency in the United States, a right currently enjoyed only by married heterosexuals under immigration law. Because the U.S. does not legally recognize gay and lesbian couples and their children as families, many same-sex binational couples are torn apart. Senator Patrick Leahy (D-VT) also introduced UAFA today in the Senate.

In previous postings on this blog, the efforts of Representative Jerrold Nadler in support of the LGBT Community and same sex bi-national couples have been noted and Representative Nadler’s current reintroduction of the Uniting American Families Act (UAFA) is simply one more example of this legislator’s continuing dedication to the cause of Equal Rights for the LGBT community. On a related note, it was recently pointed out that Representative Nadler is also a proponent of the so-called “Respect for Marriage Act” (RFMA) which would provide Federal recognition for same sex marriages solemnized and legalized in a sovereign State.

At the time of this momentous event this blogger would ask all interested parties in matters pertaining to Liberty, States Rights, Civil Liberties, and Personal Freedom to take heed of the current events involved in the struggle to obtain equal protection under the law for the LGBT community as a whole as well as same sex bi-national couples who are currently separated due to the current state of American Immigration law. On that point, it should be noted that the United States Citizenship and Immigration Service (USCIS) recently attempted to put policies in place to halt deportations of foreign same sex partners of American Citizens. It would appear as though USCIS’s policy was aimed at providing some relief, akin to that once accorded to individuals impacted by the so-called “Widow’s Penalty,” to those who are currently subjected to Federal non-recognition of same sex marriages, even those lawfully solemnized and legalized in a sovereign US State,  pursuant to what are clearly Unconstitutional provisions of the so-called “Defense of Marriage Act” (DOMA). That said, as of the time of this writing it is this blogger’s understanding that the Department of Homeland Security (DHS) has rescinded USCIS’s hold on such deportations thereby allowing the same sex bi-national spouse, even if the underlying marriage was solemnized and legalized in one of the Several States, to be deported.

The current discriminatory practices, pertaining to the LGBT community, on the part of the United States government are so pervasive that even first-year law students are aware of the issue. The current legal discrimination faced by a same sex bi-national couple seeking immigration benefits in much the same manner as their different-sex counterparts is so noticeable that even those with only an elemental grasp of the dynamics of United States law can discern many of the issues. To quote directly from a blog post titled Why Denying Homosexuals the Right to Marry is Completely Unconstitutional, authored by Sarah McCarthy on the site My Dog Ate My Blog:

Our country (as I’ve learned over the past week) essentially works like this: states are presumed to have all the power. Our founding fathers were most worried about tyrannical government, and hence wanted to give individual states the power to govern themselves and make their own laws in almost every situation. Hence, in the U.S., we really do have 50 different sets of law governing 50 different states.

Some of these 50 States have opted to use their lawmaking powers to provide marital benefits to same sex couples wishing to marry within their jurisdiction. The administration of this blog would strongly suggest that readers click on the hyperlinks noted above to read more from the above cited posting.  As noted by Ms. McCarty above, pursuant to the 10th Amendment of the United States Constitution, those powers not specifically enumerated to accrue to the Federal government are to be reserved to the States and the People respectively. Therefore, pursuant to the explicit language of the 10th Amendment and the implications present throughout the Constitution as a whole inherent State rights, such as the right to marry those within the jurisdiction of a given State, are generally considered to be beyond the bailiwick of the Federal government.

Even though legislative initiatives may ultimately prove to be effective for the LGBT community in securing some of the rights, privileges, and immunities associated with marriage it is this blogger’s opinion that only through full repeal of DOMA by the US Congress or the overturning of that legislation on Constitutional grounds by the US Supreme Court can the issue be laid to rest. In this blogger’s opinion, it is especially desirable that a “case or controversy,” such as that which recently arose in Massachusetts Federal Court, be brought before the United States Supreme Court as only that body has the authority, and possibly expertise, to delineate the application of the Full Faith and Credit Clause with regard to interstate vs. State-Federal recognition of same sex marriages.

There are some who have raised the argument that the same sex marriages which are legal in certain jurisdiction are only legal as a result of judicial fiat. However, this blogger would argue that, especially in the case of Massachusetts, there are strong indications that there is a political will manifesting itself in favor of same sex marriages, at least within that jurisdiction. To support this claim it may be best to quote directly from an article written by Pam Belluck and published by the New York Times on June 14, 2007:

Same-sex marriage will continue to be legal in Massachusetts, after proponents in both houses won a pitched months-long battle on Thursday to defeat a proposed constitutional amendment to define marriage as between a man and a woman.

“In Massachusetts today, the freedom to marry is secure,” Governor Deval Patrick said after the legislature voted 151 to 45 against the amendment, which needed 50 favorable votes to come before voters in a referendum in November 2008.

The administration of this blog strongly encourages readers to click upon the hyperlinks above to read this story in detail. Clearly, there are those within the jurisdiction of the Commonwealth of Massachusetts who support equal marital rights for same sex couples. However, Federal recognition of same sex unions remains to be seen. Hopefully, through continued action on the part of legislators such as those mentioned above the notions of Equal Protection under the law and State sovereignty will be upheld to the benefit of all American families.

For more information please see: Same Sex Visa or same sex marriage.

Tags: Congressman Jerrold Nadler, Congresswoman Zoe Lofgren, Defense of Marriage Act, DOMA, Full Faith and Credit, Full Faith and Credit Clause, lgbt immigration, lgbt visa, Representative Jackie Speier, Representative Jared Polis, Representative John Conyers, Representative Luis Gutierrez, Representative Mike Honda, Representative Tammy Baldwin, Respect for Marriage Act, RFMA, Same Sex Marriage, same sex visa, uafa, United States Citizenship and Immigration Service, Uniting American Families Act, US Department of Homeland Security, USCIS
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In a recent episode of Bill Maher’s popular television program Mr. Maher noted the fact that the debate on same sex marriage is being stubbornly maintained despite the continued damage it does to honest American Citizens and their families. He also noted the somewhat hypocritical stature of the current position held by the administration and the Congress regarding the issue of same sex marriage. After watching this program this blogger felt as though Maher had failed to take into consideration the endeavors of some steadfast legislators on behalf of the LGBT community and those same sex bi-national couples who continue to hope for legal change either in the form of judicial or legislative action.

A fascinating article on this issue was posted on an interesting website known as the Business Insider.  To quote directly from the Business Insider website BusinessInsider.com:

In his New Rules segment last night, Bill Maher took Obama and the Democratic party to task for not being able to pass gay marriage in America, even though more than a majority of people support it for the first time.

The administration of this web log highly encourages readers to click on the hyperlinks above to read the Business Insider’s take on these issues as the piece written by the author Steven Loeb is quite enlightening and insightful.The issue of same sex marriage is increasingly in the news as developments on the issue seem to be occurring quite quickly at the time of this writing. One of the reasons for this may stem from a sincere hope that the notion of Equal Protection under the Federal law will be extended to all American Citizens regardless of their sexual orientation and/or preference. Concurrently, there are those who also hope that Federal authorities recognize the Several States’ Right to regulate the marriage of those within their jurisdiction. Furthermore, there are others who hope that some of these issues could be resolved by the United States Supreme Court as there are likely legal implications pursuant to the Full Faith and Credit Clause of the United States Constitution. Putting these issues aside, Mr. Maher went on to note, humorously if somewhat crudely, quoting further from the Business Insider:

…that only 53% of people support it, which means that “47% of Americans are assholes.”

“But still, this is remarkable progress considering that it wasn’t that long ago that just saying the words gay marriage made most Americans throw up in their Cornflakes. So, tonight, I’d like to congratulate the leadership of the Democratic party who really stood up for what was right. I’d like to, but I can’t. Because other than Gavin Newsom, Dennis Kucinich and that Governor of New Jersey… no Democrat would touch this issue with a ten inch pole.”

Although this blogger has often noted the exploits of Representative Dennis Kucinich this monologue by Maher should be noted first for the fact that for all of the hyperbole and some might say profanity: the man is right. Same sex marriage is apparently becoming increasingly popular to a broader sector of the population, even though the cause has seen relatively little support at times from so-called “main stream” sections of either political party. Meanwhile, there are strong legal arguments which can be made against the Federal government’s enforcement of the so-called “Defense of Marriage Act” (DOMA) as it applies in sovereign US States which recognize, legalize, and/or solemnize same sex marriages. That stated, the Constitutionality of DOMA is questionable in terms understandable by broad sectors of the population as DOMA’s continued withholding of Federal recognition of unions  solemnized and legalized by 6 States and the District of Columbia infringes upon sovereign rights long reserved to the States, most notable among these rights is the right to solemnize and/or legalize marriages within the State’s jurisdiction (as well as annulment and/or divorce) as noted in a recent Massachusetts Federal Court decision.

Putting all of this aside, why no mention of Representative Jerrold Nadler? Why no mention of the other legislators who have championed this cause such as Representative Zoe Lofgren or Senator Kirsten Gillibrand? In the case of Representative Nadler, whom this blogger has followed with keen interest as he appears, at least to this blogger, to be the Federal legislator most active on this issue: here is a Democrat from New York who has continued to be an advocate for same sex bi-national couples as well as the entire LGBT community by actively supporting legislation such as the Respect for Marriage Act, the Uniting American Families Act, and; perhaps, Comprehensive Immigration Reform legislation which would include relevant language allowing same sex bi-national couples to receive United States immigration benefits to the same degree as their different-sex counterparts. This blogger is not disagreeing with Mr. Maher’s opinion on the issue of some Democrats apparently refusing to support legislation which would modify or repeal DOMA, but in an attempt to see that some credit is given where due it has been repeatedly noted on this blog that Representative Nadler has remained a champion of legislation which would reform what many feel is a flagrant violation of the civil rights of many Americans as well as the States’ right to make policies regarding the legalization and solemnization of marriages.

It should be noted that this blogger is in no way affiliated with Representative Nadler having never personally dealt with his office nor his staff and this mention is in no way an endorsement of anything other than his position on respecting the civil liberties of all Americans to marry whomever they choose and the State institution of marriage.

Tags: Bill Maher, LGBT Equal Rights, LGBT Immigration rights, lgbt visa, New Rules, Representative Dennis Kucinich, Representative Jerrold Nadler, Representative Zoe Lofgren, Respect for Marriage Act, same sex marriage visa, samse sex marriage, Senator Kirsten Gillibrand, Uniting American Families Act
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) has issued instructions to the United States Citizenship and Immigration Service (USCIS) to dispense with the hold on deportations of same sex spouses of United States Citizens and Lawful Permanent Residents which was announced approximately 2 days ago. To quote directly from an article posted on the Advocate.com entitled Official: No Hold On Gay Immigration Cases:

Wednesday morning USCIS press secretary Christopher S. Bentley told The Advocate that the agency had received legal guidance to lift the hold it had issued Monday. The guidance was issued in the form of written communications from the Office of the General Counsel at Department of Homeland Security (USCIS is a component of DHS).

Those interested in reading more about this information are highly encouraged to click on the hyperlinks immediately preceding the quotation to learn more.

Clearly, officials at the United States Citizenship and Immigration Service (USCIS) were attempting to provide some relief to those in the LGBT community in the USA with their same sex bi-national partners who are stuck in the currently limbo-like immigration system, as it pertains to same sex marriages. The question this blogger has is: why all of this bureaucratic runaround? There is a clear venue for resolving this issue: the United States Supreme Court, but it would seem as though the administration would like solve this issue through internal bureaucratic rule making and unilateral executive actions, but this is not the way law is made and this is not the legal way of effecting change in situations such as the one currently facing the LGBT community. Even a Supreme Court decision on this issue is unlikely to be straightforward as there are many aspects of the Full Faith and Credit Clause which come up in the context of interstate recognition of same sex marriage. However, the decision of the Supreme Court, in this blogger’s opinion, on the issue of FEDERAL recognition of same sex marriages legalized and solemnized in the sovereign States is likely to produce an outcome whereby an avenue would be created to allow same sex bi-national couples to receive immigration benefits of the same quality as those granted to different sex bi-national couples.

The announcement from USCIS on Monday about placing a “hold” on deportations of same sex partners of US Citizens and Permanent Residents came as a relief to many in the United States who may only be subject to deportation due to the onerous (and possibly UnConstitutional) provisions of the so-called “Defense of Marriage Act” (DOMA) since some same sex bi-national couples have legalized and solemnized a valid same sex marriage in one of the 6 States (along with the District of Columbia) that allows same sex marriage. The only thing precluding Federal recognition of same sex marriages performed within the jurisdiction of the sovereign States which recognize such unions is the questionably Constitutional so-called “Defense of Marriage Act” (DOMA) which was promulgated and enacted under the Presidency of William Jefferson Clinton.

In a recent memorandum from the Attorney General (Eric Holder) to the Speaker of the House of Representatives it was noted that the President’s administration has taken the position that same sex married couples ought to be granted the benefit of so-called “strict scrutiny” review from the Supreme Court and that the administration would discontinue in prosecuting DOMA cases against LGBT couples. This blogger has noted that such a position may not be beneficial to the overall cause of equal immigration rights as failure to get a “case or controversy” before the United States Supreme Court could lead to a situation in which this complex legal issue is not adjudicated by the Highest Court in the USA and therefore remains in the “limbo” in which this issue currently continues to languish. The Department of Homeland Security’s announcement further shows that until the provisions of DOMA, which preclude Federal recognition of same sex marriage, are overturned the position of the married LGBT community (at least in the eyes of the law and the immigration authorities) will remain precarious.

One point in the above cited article was of particular interest to this blogger. The following passage was quoted from the aforementioned article:

Bentley declined to release any of the written documents at this time, saying it was privileged communication. He emphasized that the official policy itself within DHS had never changed.

What PRIVILEGE!!!! So now the United States government, in the form of the Department of Homeland Security, invokes privilege (a legal principle generally reserved for individual natural persons when dealing with the US government) to keep their own policy memorandum regarding this issue secret? Why the secrecy? Why all of the pomp and circumstance about how important the administration’s memo was to the LGBT community when in reality it would appear to have done nothing substantive for the cause of LGBT equal rights and might have even placed the LGBT community in a less favorable position compared to their position prior to the administration’s memo to the Speaker of the House? So the Department of Homeland Security is claiming privilege when communicating with the United States Citizenship and Immigration Service (USCIS), an American agency under DHS jurisdiction. Does anyone find it strange that the United States government now claims that civilian inter-agency memos regarding official policy which pertains to Americans and their families are privileged? It was this blogger’s belief that the United States governmental authorities are servants of the people and therefore required to provide transparency in their policy making endeavors especially when such policy making can impact a wide spectrum of the United States Citizenry and their families.

Clearly, the struggle to secure equal immigration rights for the LGBT community has yet to be won, but for those interested in this issue it is clear that there may be a long campaign to see equal treatment of same sex bi-national couples under the law of the United States of America. This blogger and this blog will continue to monitor this important and interesting issue.

Another method to gain equal immigration rights for same sex bi-national couples is through passage of legislation such as the Uniting American Families Act (UAFA) which would grant same sex bi-national couples the benefit of applying for an immigrant visa for a “permanent partner” thereby circumventing the immigration restrictions imposed by DOMA. Federal legislators such as Representative Jerrold Nadler have introduced such legislation repeatedly in an effort to provide some kind of relief to those same sex bi-national couples who continue to be denied equal access to family immigration benefits. As of the time of this writing, Mr. Nadler has gone so far as to openly call for a repeal of DOMA and the promulgation of the Respect for Marriage Act a piece of legislation which would restore Federal recognition of State licensed marriage and restore, at least in part, the rights of same sex married couples who merely seek equal protection under the law.

For related information please see: same sex immigration.

Tags: Christopher S. Bentley, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, lgbt immigration, lgbt visa, Respect for Marriage Act, RFMA, Same Sex Immigration, Same Sex Marriage, same sex visa, The Advocate, uafa, United States Citizenship and Immigration Service, Uniting American Families Act, USCIS
Posted in Editorial, News, Opinion, same sex visa | No Comments »

It recently came to this blogger’s attention that it would appear as though the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) is placing certain deportations on hold if such a proceeding pertains to the same sex spouse of a United States Citizen or Lawful Permanent Resident. To quote directly from the website dailynews-update.net:

The U.S. Citizen and Immigration Service confirmed Monday that it has temporarily put some deportations of partners in same-sex marriages on hold if they could be affected by the recent Department of Justice decision to no longer defend the Defense of Marriage Act.

Chris Bentley, Press Secretary for the USCIS said in a statement: “USCIS has issued guidance to the field asking that related cases be held in abeyance while awaiting final guidance related to distinct legal issues.”

The administration of this blog highly recommends that readers click on the above links to view this story in its entirety.

There are many “distinct legal issues” at play when it comes to the issue of same sex marriage and governmental recognition thereof. Those who read this web log with any frequency may have noticed that this blogger has dedicated a great deal of time to commenting and following this issue as it is truly a struggle for both the civil rights of American Citizens and Lawful Permanent Residents as well as a struggle for Federal recognition of sovereign State prerogatives on the issue of marriage.

Throughout the struggle for equal marriage rights for the LGBT community there have been many legislators who have supported the cause of same sex bi-national couples. Most notably, Representative Jerrold Nadler has repeatedly introduced legislation such as the Uniting American Families Act (UAFA) in an effort to make headway in securing immigration benefits for same sex bi-national couples in the same manner accorded to their different-sex counterparts. Meanwhile, as noted on this blog, groups such as Immigration Equality and their Immigration Equality Action Fund Blog have recently announced a position regarding DHS issuance of Green Cards for foreign same sex partners of American Citizens and Lawful Permanent Residents. Announcements such as these are important because they illuminate the extent to which the political and immigration systems are evolving in an effort to deal with this issue. Clearly, the LGBT equal rights movement has an organic base committed to seeing real change in the immigration system.

It was recently noted on this blog that the Obama administration’s Attorney General Eric Holder issued a letter to the Speaker of the House of Representatives noting that the administration no longer felt that pursuing so-called “Defense of Marriage Act“  (DOMA) cases was Constitutional. There are some who would argue that this action is contrary to the administration’s duty pursuant to United States law. Some members of Congress, as well as apparent presidential hopeful Newt Gingrich, have even made noises about impeachment regarding this issue. As of the time of this writing, such an action has not taken place.

This blogger personally disagrees with the American administration’s decision not to pursue DOMA cases because doing so could preclude Supreme Court adjudication due to lack of a “case or controversy” before that body. This blogger would also argue that the Supreme Court is the best adjudicator of this issue as there are many ramifications of same sex marriage recognition pursuant to the provisions of the Full Faith and Credit Clause of the United States Constitution.

How the whole issue of same sex marriage, and American government recognition thereof; will ultimately be decided remains to be seen, but for advocates of equal LGBT immigration rights this recent USCIS decision is definitely a positive one.

For related information please see: LGBT visa.

Tags: Chris Bentley, Defense of Marriage Act, Department of Homeland Security, deportation, DOMA, expedited removal, Full Faith and Credit Clause, Immigration Equality Action Fund Blog, Jerrold Nadler, LGBT marriage, lgbt visa, removal, Same Sex Bi-National Couples, Same Sex Marriage, uafa, United States Citizenship and Immigration Service, Uniting American Families Act
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It recently came to this blogger’s attention that the Immigration Equality Action Fund Blog is reporting that Americans are calling upon the Department of Homeland Security to change its policy regarding Lawful Permanent Resident status for LGBT spouses of American Citizens and Lawful Permanent Residents. To quote directly from the Immigration Equality Action Fund Blog:

In an interview published last night, Immigration Equality executive director Rachel B. Tiven calls on the Department of Homeland Security to stop denying green card applications filed by spouses of LGBT Americans.

Those who are unaware of the issues surrounding the debate for equal immigration benefits for the LGBT community should note that pursuant to the so-called “Defense of Marriage Act” (DOMA) the United States Federal government is prohibited from granting immigration benefits to same sex bi-national couples even though such benefits are routinely granted to different-sex couples. Meanwhile, a number of sovereign American States have heeded the call of their citizenry and taken measures which would allow legal recognition for marriages between individuals of the same sex. Notwithstanding that a marriage may be legalized and solemnized by a sovereign US State, such as Massachusetts, for example; the Federal government still will not recognize said marriage pursuant to the provisions of DOMA. To quote further from the Immigration Equality Action Fund Blog:

“It is imperative that the administration stop breaking up families based on a law that it says is unconstitutional,” Tiven told reporter Andrew Harmon. “We’re calling on the Department of Homeland Security to stop denying green card applications for the spouses of American citizens.”

As noted above, the result of continued enforcement of DOMA in an immigration context is the constant and continued partition of bi-national families. It would appear as though proponents of equal LGBT rights are hoping that DHS can take some steps to alleviate what is, for some, an increasingly untenable situation. To quote further from the Immigration Equality Action Fund Blog:

Representatives Jerrold Nadler (D-NY) and Zoe Lofgren (D-CA) – both important leaders on LGBT and immigration issues in Congress – joined Immigration Equality’s call for a halt to deportations involving legally married spouses. New York Senator Kirsten Gillibrand also weighed in, telling reporters that, ““The recent news of deportations involving legally married gay and lesbian binational couples is heartbreaking.”

This blogger highly encourages readers to click on the above links to learn more about the Immigration Equality Action Fund and the struggle for equal rights in the LGBT community. It should be noted that Representative Jerrold Nadler has been a strong proponent of legislation such as the Uniting American Families Act (UAFA), legislation designed to provide immigration benefits to same sex bi-national couples.

There have been many sovereign US States that have shown “true grit” in the struggle for equal LGBT rights, privileges, immunities, and protections. States such as Massachusetts, Iowa, Rhode Island, Vermont, New Hampshire, Connecticut as well as the District of Columbia have shown support for the struggle of equal rights for LGBT families. Meanwhile, continued enforcement of the provisions of the Defense of Marriage Act (DOMA) keep bi-national same sex couples from attaining equal immigration benefits when compared to their different-sex counterparts.

The issue of same sex marriage and equal rights for same sex couples is something that some have suggested is a divisive issue, but in this blogger’s opinion it need not be. For example, this blogger comes from a State (the State of Kansas) that explicitly forbids same sex marriage (yes, notwithstanding the State of Kansas’s position on same sex marriage this blogger feels that the right to marry whom one chooses is a civil right guaranteed to individuals under the U.S. Constitution that should be granted to those in Kansas as well as everywhere else in the USA, but the following analysis is primarily concerned with the same sex marriage issue in an interstate context). There are some who argue that this means that the State Courts are barred from recognizing same sex marriages legalized in other States. This blogger would argue that a different interpretation of the Full Faith and Credit Clause would allow a State such as Kansas to acknowledge that a legal marriage between two people of the same sex exists in fact in another American jurisdiction (say, Massachusetts, for example). Concurrently, the provisions of a State Constitution may prohibit any further State recognition or execution of a same sex divorce, but such a scenario is certainly better than the current state of affairs where no same sex couples are granted any type of Federal or interstate marital recognition at all. That said, none of these issues has yet to be fully resolved so any analysis remains speculation.

For related information please see: same sex visas.

Tags: Bisexual Visa, Defense of Marriage Act, DOMA, Federalism, Full Faith and Credit Clause, gay visa, Immigration Equality Action Fund Blog, Jerrolf Nadler, Kirsten Gillibrand, Lesbian Visa, lgbt immigration, lgbt visa, Rachel B. Tiven, Same Sex Bi-National Couple, same sex visa, transgender visa, uafa, Uniting American Families Act, US Transgender Visa, Zoe Lofgren
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The issue of Federal recognition of same sex marriage is one which remains stuck in this bloggers mind like a splinter. The issue is vexing because the United States Federal government has clearly usurped sovereign State prerogatives on the issue while simultaneously trampling upon individual civil rights to equal protection under the laws of the United States as well as the fundamental Constitutional right to freely and peaceably associate with whomever one wishes to associate with. That said, the issue is, in this blogger’s opinion, best analyzed pursuant to the Full Faith and Credit Clause of the Constitution of the USA.

The Defense of Marriage Act (DOMA) currently prohibits the United States Federal government from recognizing a marriage or civil union between two individuals of the same sex. Most legal scholars approach the issue of same sex marriage and the preclusion of Federal recognition from a civil rights perspective. Although this blogger wholeheartedly agrees that LGBT rights issues do generally fall under the umbrella of civil liberties, the ramifications of DOMA upon the sovereign American States is the most unfortunate aspect of the current state of affairs.

To quote directly from Wikipedia.com:

In Massachusetts, Connecticut, Iowa, New Hampshire, Vermont, and Washington, D.C., marriages for same-sex couples are legal and currently performed.

This is important to note as there are American States which explicitly prohibit the recognition of marriages between two people of the the same sex. Conversely, as noted above, there are currently five (5) states which allow same sex marriage. This has lead to a situation in which there is little interstate uniformity regarding this issue. As their site puts things so succinctly it may be best to quote Wikipedia.com’s entry on this issue further:

There has been much speculation on the clause’s possible application to same-sex marriage, civil union, and domestic partnership laws and cases, as well as the 1996 Defense of Marriage Act (DOMA) and the proposed Federal Marriage Amendment. Between 1996 and 2004, 39 states passed their own laws and constitutional amendments, sometimes called “mini DOMAs,” which define marriage as consisting solely of opposite-sex couples. Most of these “mini DOMAs” explicitly prohibit the state from honoring same-sex marriages performed in other states and countries. Conversely, several states have legalized same-sex marriage, either legislatively or by state supreme court judgment.

The United States Supreme Court has not ruled on how (if at all) these laws are affected by the Full Faith and Credit Clause. However, in August 2007, a federal appeals court held that the clause did require Oklahoma to recognize adoptions by same-sex couples which were finalized in other states.^[18]

If the Full Faith and Credit clause is given its traditional interpretation, it has no application to same-sex marriage, and the DOMA legislation is superfluous and even dangerous, as it may lead to a misconstruction of the Full Faith and Credit clause. If a state is required to recognize a same sex marriage, it will be pursuant to the Equal Protection Clause, as was the case with respect to interracial marriages.

The final paragraph of this citation is most notable to this blogger as it is the section in which he is in disagreement. To understand the reasoning behind this blogger’s disbelief in the assertions stated in this Wikipedia.com posting one must first read the actual text of the Full Faith and Credit Clause of the US Constitution:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

It is virtually self-evident, in this author’s opinion, that the plain language of the Full Faith and Credit Clause will compel broad recognition of same sex marriage in the USA. Rather than looking at the issue from a civil rights perspective (which requires lengthy analysis into what are, in this author’s opinion, superfluous issues such as personal or religious feeling regarding same sex marriage which have no place in a reasoned legal analysis of the issue) simply examine the plain language of the Clause itself. The clause explicitly states that Full Faith and Credit SHALL be given to the public RECORDS of every other State.

What does this mean from a practical perspective? To use a hypothetical: two people of the same sex go to the State of Iowa (a jurisdiction which, according to a citation above, both recognizes and solemnizes same sex marriage) and get married. To quote the official Iowa County, Iowa website:

Iowa Vital Records are official registrations of births, deaths and marriages. Certified copies of Vital Records can be obtained from a County Recorder’s office or the Iowa Department of Public Health.

Once an official record is made of a registered same sex marriage does not the Full Faith and Credit Clause operate to compel interstate recognition of such a record? One would think, but there are exceptions to this kind of broad application of the Full Faith and Credit Clause as States which have clear public policies in conflict with foreign State Judgments, Acts, or Records may be permitted to ignore such Judgments, Acts, or Records (foreign judgments always seem to be accorded more preference from an interstate enforcement standpoint).

InterState recognition of same sex marriage, or as this blogger prefers to refer to it: Horizontal Full Faith and Credit of same sex marriage; is not really the main thrust of this post as the more pressing concern for the purposes of this article is Federal recognition of same sex marriage notwithstanding the Defense of Marriage Act (DOMA). The interstate implications of some states fully recognizing same sex marriage while other states fail to recognize such unions are interesting topics, but the main issue of this posting is what this blogger refers to as Vertical Full Faith and Credit. Namely, Federal recognition of same sex marriage lawfully solemnized in a sovereign State. Since when was the United States Federal government able to pick and choose which State laws it was willing to recognize? To quote directly from USLegal.com:

The full faith and credit doctrine as applicable to the federal courts in recognizing the records and judicial proceedings of state courts is contained in 28 U.S.C. § 1738.  The full faith and credit rule pertains to recognition by state courts of the records and judicial proceedings of courts of sister States; this includes every court within the United States.  This provision also includes recognition of the records and proceedings of the courts of any territory or any country subject to the jurisdiction of the United States.  By this provision, the federal courts are also bound to give to the judgments of the state courts the same faith and credit that the courts of one State are bound to give to the judgments of the courts of their sister States…

Pursuant to a plain language analysis of the Constitution it is this author’s opinion that the Defense of Marriage Act is unconstitutional as it requires the Federal government to disregard the Acts, Records, and Judgments creating same sex marital relationships within the jurisdiction of Sovereign States in direct violation of the plain language of the Full Faith and Credit Clause itself. Although there is a Civil Rights perspective to this issue, the major point that should not be overlooked is that fact that the US Congress is attempting, through enforcement of the Defense of Marriage Act, to dictate to the States what shall constitute a valid marriage. In the past, legalization and solemnization of marriage was within the exclusive bailiwick of the State especially as such matters tend to pertain to public health and safety issues.

This has very large practical implications especially for same sex bi-national couples as the Federal government, pursuant to DOMA, cannot grant American family visa benefits to the same sex partner of a US Citizen (notwithstanding the fact that the couple may have solemnized a legally binding marriage within one of the sovereign American States that allows same sex marriages). Hopefully this injustice will be dealt with soon as it is unfortunate that the rights of the States and the people are being disregarded as a result of DOMA’s continued enforcement.

In recent months, efforts have been made to pass legislation such as the Uniting American Families Act (UAFA). Bills such as this would mitigate some of the discrimination which is routinely deployed against same sex bi-national families as the language of the proposed bill (and that of those similar to it) would allow for the “permanent partners” of American Citizens and lawful permanent residents to apply for US visa benefits in much the same manner as foreign fiancees and spouses of US Citizens and lawful permanent residents. This legislation, and that like it, is a good step in the right direction, but it does not address the myriad legal rights and privileges routinely deprived to same sex couples under the current Federal regime.

For related information please see: Same Sex Partner Visa.

Tags: Civil Union, Full Faith and Credit, Full Faith and Credit Clause, Gay Rights, gay visa, Horizontal Full Faith and Credit, Lesbian Visa, LGBT Rights, lgbt visa, permanent partner, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, Same Sex Marriage, Same Sex Partner, same sex visa, States' Rights, transgender visa, transsexual visa, US Constitution, Vertical Full Faith and Credit
Posted in Editorial, General Legal Information, Legal Opinion, lgbt immigration, Miscellaneous, News, Opinion, same sex visa | No Comments »

In an interesting recent turn of events LGBT Equal Rights advocates have seen many political victories in recent weeks. This blogger came across and interesting article on the website Wikinews.org, to quote directly from Wikinews:

Friday, December 24, 2010

In an interview on the United States television show Good Morning America today, U.S. vice president Joe Biden said that a positive consensus on same-sex marriage is “inevitable” as the country “evolves.”

“[There is] inevitability for a national consensus on gay marriage. I think the country’s evolving. And I think you’re going to see, you know, the next effort is probably going to be to deal with so-called DOMA,” said Biden.

For those who are unfamiliar with the issues surrounding the struggle for LGBT Equal Rights the so-called Defense of Marriage Act (DOMA) currently bars the United States Federal government from recognizing same sex marriage (or any other sort of same sex civil union). The Federal government, pursuant to the provisions of DOMA, is not even permitted to recognize those same sex marriages which are legalized and solemnized pursuant to an American State’s law. Currently, 5 US States allow some form of same sex marriage or civil union. For Immigration purposes, DOMA is a significant piece of legislation as it forces the American Federal government to restrict family immigration benefits to different sex couples. The product of these circumstances as they sit now is a situation in which many bi-national couples are separated from each other by borders, and sometimes oceans. Wikinews.org went on:

Biden’s remarks come just days after U.S. president Barack Obama signed into law, the repeal of Don’t ask, don’t tell (DADT). The repeal, which was signed by Obama on Thursday, will now allow gay and lesbian service members to serve openly in the country’s military, without fear that they will be discharged form service. A report by The Pentagon earlier this month concluded most U.S. service personnel do not believe reform of the rules on gays and lesbians serving in the military would affect morale, unit cohesion or military effectiveness. The report found only 30% believed that changing the law would have a negative effect. DADT, in effect for 17 years, was repealed by the United States Senate on Saturday. The military will cease enforcement of the policy in 60 days time, after the Pentagon has certified to Congress that it, and the military are ready to implement the new law.[sic]

The repeal of Don’t Ask Don’t Tell was a significant step forward for Gay, Lesbian, Bisexual, and Transgendered (LGBT) individuals, but full equality under the law has yet to materialize especially as DOMA remains in place thereby precluding family immigration benefits for LGBT couples. Some lawmakers have attempted to draft legislation to deal directly with the issue of discrimination of bi-national same sex couples for immigration purposes. In recent years, legislation such as the Uniting American Families Act (UAFA) has been introduced to allow “permanent partners” of American Citizens or Lawful Permanent Residents to obtain immigration benefits similar to those granted to different-sex spouses of US Citizens and Lawful Permanent Residents. This blogger recently came upon an interesting webpage pertaining to this issue on the website logcabin.org, the official website of the Log Cabin Republicans, to quote directly from said webpage:

The Uniting American Families Act (UAFA), pending in Congress, would end the discrimination against gays and lesbians in immigration laws by allowing U.S. citizens and permanent residents to sponsor their same-sex partners for immigration benefits. The version of the bill introduced in the House last February (H.R.1024) currently has 116 cosponsors, while the Senate version (S. 424) has 22 cosponsors. In addition, the Reuniting Families Act (H.R.2709) also includes UAFA as a provision of the larger immigration bill.

While some groups hostile to immigration fear that the UAFA would open the floodgates to massive immigration, such fears are unfounded. It would grant residency only to those foreign nationals involved in a financially interdependent permanent partnership with a U.S. citizen. Many of these individuals have already been living in the U.S. for years on special work or student visas and have been contributing to American society. In any event, the administrative checks that ensure that heterosexual couples applying for residency are not involved in a “sham” relationship will do the same for gay and lesbian couples. The measure is simply not a conduit for unfettered immigration.

There would seem to have been some speculation that passage of an UAFA-like piece of legislation would result in an explosion of fraudulent visa applications submitted by those wishing to take advantage of what appears, at first glance, to be a new avenue for seeking immigration benefits through use of a “sham” relationship. In this authors opinion, it is highly unlikely that passage of UAFA-like legislation would result in a significant increase in immigration fraud as the United States government currently has a very sophisticated system in place which is designed to root out immigration fraud at multiple levels of the immigration system and at multiple phases of the overall United States immigration process.

Hopefully, as Vice President Biden noted above, a “positive consensus” on this issue can be reached with the end result being the unification of bi-national families in America.

Tags: Defense of Marriage Act, DOMA, Don't Ask Don't Tell, Don't Ask Don't Tell repealed, Joe Biden, LGBT Equality, lgbt immigration, LGBT Rights, lgbt visa, Same Sex Marriage, same sex marriage visa, same sex visa, uafa, UAFA News, Uniting American Families Act, Vice President Joseph Biden
Posted in lgbt immigration, News, same sex visa | No Comments »

This blog was not very adept at staying on top of the issues surrounding the so-called DREAM Act which would have made a great deal of progress in dealing with issues pertaining to the children of undocumented immigrants wishing to regularize their status in the United States. Recently, it was reported the the DREAM Act legislation was effectively derailed through use of cloture in the United States Senate. The American Immigration Lawyers Association has been working diligently to try to assist in this bill’s passage, but to no avail. To quote directly from the website of AILA:

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) is disappointed that, after successful passage in the House, the Senate failed to advance the bipartisan DREAM Act this morning. The legislation did not garner enough votes to overcome a procedural hurdle, even though with 55 votes it had the support of a majority of the chamber’s lawmakers.

“It was with a heavy heart that I watched the DREAM Act deferred to yet another Congress. After the historic House victory and the tremendous outpouring of grassroots support for this legislation that would help deserving young people, today’s failed cloture vote is a wrong-headed dénouement,” said AILA President David Leopold who watched the legislative proceedings from Capitol Hill.

“It was sad to see some U.S. Senators putting politics before principles to vote no on cloture, thereby attaching their names to the wrong side of history. The DREAM Act did not pass today, but inevitably it will be law.”

The DREAM Act’s failure is disappointing for many, but there are those who still believe that the most pressing issue in the realm of United States Immigration is that of the Uniting American Families Act (UAFA). Passage of this legislation would alleviate the current restrictions placed upon same sex or LGBT bi-national couples who wish to be reunited in the USA. Under the provisions of the so-called “Defense of Marriage Act” (DOMA) same sex couples, even those lawfully married in a jurisdiction within the United States of America, cannot obtain the same family based visa benefits compared to their different sex counterparts. There are many who seem to feel somewhat frustrated by the fact that other legislation such as the DREAM Act has gained traction on Capitol Hill while legislation such as UAFA, or legislation which includes  UAFA-like language, has not garnered such substantial support. To quote from a posting posted prior to the DREAM Act’s Senate vote by Melanie Nathan on the Lezgetreal.com blog:

The US has yet to enact laws that will prevent gay and lesbian couples from having to exile to stay with foreign partners or from partners facing deportation.  The discrimination in the USA is based on the fact that same-sex partners are specifically excluded from Federal rights – such as the right to sponsor a spouse for a green card, because of the Defense of Marriage Act. (DOMA)

There are some who would argue that DOMA violates the notions of state sovereignty and individual civil liberties enshrined in the US Constitution and Bill of Rights by depriving US Immigration benefits to LGBT couples while granting them to different sex couples. Bearing this in mind, it ought to be noted that the States’ Rights arguments in favor of overturning DOMA became much more potent after some American States began recognizing and solemnizing same sex unions. There are some who feel that the final decision in this matter may ultimately be made by the US Supreme Court as cases are currently proceeding through the US judicial system which could overturn DOMA. It still remains to be seen whether DOMA will remain in force, be circumvented through use of UAFA, or be overturned by the US Courts. In any case, there are many who hope that some sort of solution arrives soon as many bi-national families remain separated as a result of DOMA’s continued enforcement.

For related information please see: LGBT Visa.

Tags: Bi-sexual Immigration Rights, Bi-sexual Visa Rights, Defense of Marriage Act, DOMA, DREAM Act, Gay Immigration Rights, Gay Visa Rights, Lesbian Immigration Rights, Lesbian Visa Rights, lgbt immigration, lgbt visa, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex marriage visa, Transgender Immigration Rights, Transgender Visa Rights, uafa, UAFA News, Uniting American Families Act, US Immigration Rights LGBT, US Immigration Rights Same Sex Bi-national Couples
Posted in lgbt immigration, same sex visa | No Comments »

For those who frequently read this web log will undoubtedly note that a frequent topic discussed within these pages is Comprehensive Immigration Reform. In a recent document promulgated by the Congressional Research Service and distributed by the American Immigration Lawyers Association (AILA), the matter of legal inadmissibility was discussed in the context of Comprehensive Immigration Reform. The following is a direct quotation from the document published by the Congressional Research Service (CRS) and distributed by AILA:

Legislation aimed at comprehensive immigration reform may take a fresh look at the grounds for excluding foreign nationals that were enacted in the 1990s. All foreign nationals seeking visas must undergo admissibility reviews performed by U.S. Department of State (DOS) consular officers abroad. These reviews are intended to ensure that they are not ineligible for visas or admission under the grounds for inadmissibility spelled out in the INA. These criteria are: health related grounds; criminal history; security and terrorist concerns; public charge (e.g., indigence); seeking to work without proper labor certification; illegal entrants and immigration law violations; ineligible for citizenship; and, aliens previously removed. Over the past year, Congress incrementally revised the grounds for inadmissibility. Two laws enacted in the 110th Congress altered longstanding policies on exclusion of aliens due to membership in organizations deemed terrorist.

Terrorism has been a key concern for American government officials across the entire spectrum of agencies associated with Immigration and travel to the United States. Public health and safety are also significant issues for American Immigration and Consular Officers. To quote the aforementioned publication further:

The 110th Congress also revisited the health-related grounds of inadmissibility for those who were diagnosed with HIV/AIDS. More recently, the “H1N1 swine flu” outbreak focused the spotlight on inadmissibility screenings at the border. Questions about the public charge ground of inadmissibility arose in the context of Medicaid and the state Children’s Health Insurance Program (CHIP) in the 111th Congress.

Influenza has been concerning to many health officials in recent years. However, for many the removal of HIV/AIDS from the list of diseases which can result in a finding of inadmissibility was a relief as many individuals who were previously inadmissible to the USA may have immediately become admissible after HIV/AIDS was no longer a legal grounds for finding someone inadmissible to the USA. This issue was especially acute in the LGBT community as HIV and AIDS issues seem to have a disproportionate impact upon individuals and couples within that community. The report went on to note that issues pertaining to legal inadmissibility are likely to be discussed in the context of proposed Comprehensive Immigration Reform legislation:

While advocacy of sweeping changes to the grounds for inadmissibility has not emerged, proponents of comprehensive immigration reform might seek to ease a few of these provisions as part of the legislative proposals. The provision that makes an alien who is unlawfully present in the United States for longer than 180 days inadmissible, for example, might be waived as part of a legislative package that includes legalization provisions. Tightening up the grounds for inadmissibility, conversely, might be part of the legislative agenda among those who support more restrictive immigration reform policies.

Many people are found inadmissible to the United States every year. Among those found inadmissible are those who are unable to seek a remedy in the form of either an I-601 waiver or an I-212 waiver application for advance permission to reenter the USA. Individuals who have been found inadmissible and cannot seek a waiver are colloquially referred to as being unwaivably excluded from the United States. Bearing this in mind, many findings of legal inadmissibility can be remedied through use of a waiver. That said, the waiver process and the standard of proof for obtaining a waiver can be difficult to overcome. For this reason, many bi-national couples opt to utilize the services of an American immigration attorney to assist in matters related to United States Immigration. It is always prudent to ask for the credentials of anyone claiming expertise in United States Immigration law as only a licensed American attorney is permitted to provide advice, counsel, and representation in pending matters before the United States Citizenship and Immigration Service (USCIS), the Department of Homeland Security (DHS), and the American State Department.

For related information please see: US Visa Denial.

Tags: American Immigration Attorney, American State Department, American Visa Denial, American Visa Denied, HIV Waiver, I-212, I-212 waiver, I-601, I-601 Waiver, I212, I212 waiver, I601, I601 Waiver, Inadmissibility, Legal Grounds of Excludability, legal grounds of inadmissibility, lgbt immigration, lgbt visa, United States Citizenship and Immigration Service, United States Visa Denied, unwaivably excluded, US Immigration, US Immigration AIDS, US Immigration HIV, US State Department, US Visa, US Visa AIDS, us visa denial, US Visa Denied, US Visa HIV, USCIS, Waiver
Posted in American Institute Taiwan, Comprehensive Immigration Reform, CR1 Visa, Department of Homeland Security, E1 visa, E2 Visa, EB5 Visa, F1 Visa Thailand, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, J1 visa, J1 Visa Thailand, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, lgbt immigration, same sex visa, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

As the recent mid-term elections dealt something of a blow to the Democrats in the United States Senate and a significant setback for said party in the United States House of Representatives many are pondering the future of legislation such as UAFA (Uniting American Families Act). Those unfamiliar with LGBT Immigration issues should note that under the Defense of Marriage Act (DOMA), same-sex bi-national couples are not permitted equal access to US family visa benefits even in cases where the same sex couple has legally solemnized a marriage within a jurisdiction of the USA. Due to the fact that bi-national LGBT couples still cannot receive equal immigration rights compared to their different-sex counterparts many couples are left separated from their loved one(s), sometimes by great distances. Other websites are noticeably vocal about their opinions regarding the future of UAFA, the past strategies utilized by LGBT Immigration Rights activists, and the future tactics that may be employed in the quest to see bi-national same-sex couples receive the same immigration benefits as different-sex couples. To quote directly from the website lezgetreal.com:

The Uniting American Families Act was introduced into Congress during January of 2009, by Rep. Jerold Nadler, D, NY.  Since that time there have been more co-sponsors than any other LGBT equality legislation on record.  Yet instead of pursuing UAFA as a stand alone Bill – with the fervor and impetus provided by the June 03, 2009 hearings in the Senate Judiciary Committee, Rachel Tiven, of Immigration Equality turned its limited resources to Immigration Reform and has spent the past 18 months chasing Comprehensive Immigration Reform for the longest time when it did not even exist. Now we have been included in the Menendez Senate version – but so what? Who in heavens name imagines Immigration Reform with Amnesty in it passing through the new Congress? And it is way to complicated and far behind to get through during the lame duck. I assure you of that!

The aforementioned website is often quite vocal in its support for LGBT Immigration rights. It would seem that some feel as though UAFA should not necessarily be pursued within the context of a broader Comprehensive Immigration Reform bill. This is likely due to the fact that Immigration reform remains a very controversial issue and some LGBT-rights advocates feel that pursuing a unilateral strategy of seeking equal equal rights for same-sex bi-national couples outside of Comprehensive Immigration Reform (CIR) would be more effective than trying to pass CIR with UAFA-like language included since CIR may not pass at all. Bearing this in mind the reader should note that the website ImmigrationEquality.org made a clarification regarding their overall strategy for securing equal rights for same sex bi-national couples:

Our philosophy has always been the same. We will pursue every available option for ending discrimination against our families. When we opened our Washington, D.C., office last year, we were clear: When it comes to passing UAFA, we mean business. Since then, our policy team has been working around the clock on a strategy that builds support for UAFA either as a stand-alone bill, or as part of comprehensive immigration reform. If Congress tackles comprehensive legislation – and it offers the first opportunity to win – we want to be part of that bill. And if the political reality becomes one that presents an opportunity to pass UAFA on its own, we want to be prepared to seize that opportunity as well.

It will be interesting to see what will happen to UAFA in the upcoming “lame duck” legislative session. There are some who would argue that a “lame duck” Democratic Congressional session is the perfect environment for pursuing UAFA as a stand alone piece of legislation since there are presumably still many supporters of such a policy on Capitol Hill who may have little to lose politically by supporting such legislation. As the future of UAFA has yet to be determined, but the plight of many same-sex bi-national couples remains untenable under the current circumstances.

It should also be noted that the US Congress is not the only forum in which this issue may ultimately be decided as the US Courts, and possibly the United States Supreme Court may be the body that ends up adjudicating this issue since the lower Courts’ hearing of cases challenging the Constitutionality of the Defense of Marriage Act (DOMA).

For related information please see: Same Sex Visa or K1 visa.

Tags: CIR, Comprehensive Immigration Reform, Defense of Marriage Act, DOMA, Gay Immigration Rights, Jerold Nadler, lgbt immigration, lgbt visa, Same Sex Bi-National Couples, Same Sex Immigration, same sex visa, uafa, Uniting American Families Act, US Courts
Posted in Comprehensive Immigration Reform, lgbt immigration, same sex visa | No Comments »