Integrity Legal

Posts Tagged ‘section 3 of DOMA’

23rd August 2011

It recently came to this blogger’s attention that the Obama Administration’s Department of Justice has apparently filed a memorandum noting un-Constitutional discrimination imposed pursuant to the provisions of section 3 of the so-called “Defense of Marriage Act” (DOMA). In order to provide further insight this blogger is compelled to quote directly from the official website of Instinct Magazine, InstinctMagazine.com:

President Obama’s Department of Justice filed a memo in support of Edie Windsor’s case against the “Defense of Marriage Act” on Friday, marking the second time the Administration has officially stated its opposition to the discriminatory law.

Windsor, who was subjected to unjust federal taxes after her partner of 44-years passed away in 2007, filed a lawuit challenging DOMA. Last week, the DOJ added its weight of support to her claims.

Written in the memo:

Section 3 of DOMA unconstitutionally discriminates. Section 3 treats same-sex couples who are legally married under their states’ laws differently than similarly situated opposite-sex couples, denying them the status, recognition, and significant federal benefits otherwise available to married persons. Under well-established factors set forth by the Supreme Court to guide the determination whether heightened scrutiny applies to a classification that singles out a particular group, discrimination based on sexual orientation merits heightened scrutiny. Under this standard of review, Section 3 of DOMA is unconstitutional.

But the DOJ states in the brief:

-DOMA is discriminatory

-Sexual orientation is an immutable characteristic

-Anti-gay discrimination on religious grounds is unconstitutional

-LGBTs make good parents

-DOMA is harmful to children…

The administration of this web log encourages readers to click upon the relevant hyperlinks above to learn more from this interesting article.

As DOMA is currently interpreted and enforced by the American government same sex married couples cannot obtain immigration and visa benefits such as a K-1 visa, a CR-1 visa, or an IR-1 visa. This current state of affairs may contravene notions of Full Faith and Credit as enshrined in the United States Constitution’s Full Faith and Credit Clause. However, as there has yet to be a final resolution in the US Courts on the matter and as the United States Congress has yet to pass legislation such as the Respect for Marriage Act or the Uniting American Families Act the ultimate fate of same sex bi-national couples in America remains to be seen.

In news related to the Association of Southeast Asian Nations (ASEAN which includes the following jurisdictions: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam), it recently came to this blogger’s attention that there are those noting the possibility of further ASEAN economic progress in the coming months and years. In order to provide further information on these issues it is necessary to quote directly from the website of the Bangkok Post, BangkokPost.com:

CIMB Thai Bank is developing an infrastructure base to cope with greater business opportunities offered by the Asean Economic Community (AEC) in 2015, said chief finance executive Narongchai Wongthanavimok. Its major shareholder, CIMB Group, expects the AEC will increase deals in the region. The group has a strong network across Asean that can support CIMBT’s expansion in the region. The bank developed a core banking system and improved its financial support to cope with international transactions, he said. The Malaysia-based CIMB Group has the largest branch network in Asean with 1,105 subsidiaries across Malaysia, Singapore, Indonesia and Thailand. It also has plans for branches in Cambodia, India and Sri Lanka. The financial group is helmed by people from the region and it reaches 81% of the Asean population, representing 89% of the region’s gross domestic product…

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One could infer from the information above that the increasing economic integration of ASEAN and the emergence of the Asean Economic Community (AEC) may result in further economic benefits for the jurisdictions which comprise the organization and region. As noted above, the ramifications of these developments could have implications for economies such as those of India and Sri Lanka since the increasing business and trade occurring in Southeast Asia could “spillover” into those nations. Meanwhile, discussion pertaining to an ASEAN visa have yet to result in the creation of a tangible unified ASEAN travel document. How all of the developments noted above will evolve over time and the ultimate fate of ASEAN’s economy remains to be seen, but there is clearly a trend of increasing optimism regarding the future of Southeast Asia’s economy.

For information related to legal services in Southeast Asia please see: Legal.

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20th August 2011

It recently came to this blogger’s attention that the chairman of the Malaysian Securities Commission was recently noted for comments regarding the future economic prospects of the ASEAN Community. In order to provide further information regarding these developments it is necessary to quote directly from the official website of The Philippine Star, PhilStar.com

KUALA LUMPUR (Xinhua) – As global stock markets tumbled over the week in response to the US credit woes and the Europe debt crisis, Malaysia’s Securities Commission chairman, Zarinah Anwar holds a positive view that markets in Southeast Asia is strong enough to fend off the crisis…”Domestic demand is still strong and ASEAN (Association of Southeast Asian Nation) has to continue to look at its neighbours to pick up selective demands that may arise as a result of the economic woes in our traditional export markets,” she aded. ASEAN’s effort towards an integrated regional economy, with 2015 as a deadline, also contributed to ASEAN’s sound environment…Countries like Malaysia, Singapore, Thailand and the Philippines are in the process of developing a cross-trading arrangement linking their trading system, giving investors direct access to other markets. Currently, Bursa Malaysia, Singapore Stock Exchange, Vietnam’s Hanoi Stock Exchange and Hochiminh Stock Exchange, the Indonesia Stock Exchange, the Philippines Stock Exchange Inc have already linked up on a website labelled as “ASEAN exchanges” which provides investors with access to check the top stocks in the region…[sic]

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There has been a great deal of discussion surrounding the future of the economies in the jurisdictions comprising the Association of Southeast Asian Nations (ASEAN: Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam). In fact, there has even been discussion about a possibly unified ASEAN visa similar to that utilized by some of the members of Schengen area in Europe. As of yet, such discussion has yet to yield tangible results, but there are those who hope that further discourse on the topic may result in a unified visa of some kind coming into being. Hopefully, ASEAN continues along the path of economic growth to the benefit of all concerned.

In news pertaining to the continuing struggle for LGBT Equality it recently came to this blogger’s attention that the American government appears to have noted the un-Constitutionality of certain provisions of the so-called “Defense of Marriage Act” (DOMA) in the US Courts. In order to provide further insight it is necessary to quote directly from the website of Metro Weekly, MetroWeekly.com:

Back on July 1, the Department of Justice took a big step in defining what its Feb. 23 decisionthat the federal definition of marriage found in Section 3 of the Defense of Marriage Act is unconstitutional would look like. In Karen Golinski’s case seeking equal health benefits for her wife, DOJ argued that the case should not be tossed out of court and should be allowed to proceed. On Aug. 19, DOJ went a step further, telling a judge in the Southern District of New York that Edith Windsor — who is seeking a refund of the more than $350,000 estate tax bill that she had to pay because her marriage to her deceased wife, Thea Spyer, was not recognized by the federal government — should be granted that refund because DOMA’s federal definition of marriage is unconstitutional…This is the first time the government stated affirmatively in court that a lawsuit requiring that Section 3 of DOMA be struck down as unconstitutional should succeed…[sic]

This blogger asks readers to click upon the hyperlinks above to learn more about these developments in detail.

For those unfamiliar with the current immigration implications of DOMA it should be noted that said legislation precludes accordance of US visa benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa to same sex couples even where the couple has entered into a same sex marriage in a American State jurisdiction which legalizes such unions. Currently, proposed legislation such as Representative Jerrold Nadler‘s Uniting American Families Act and the Respect for Marriage Act would rectify this current discrimination to one degree or another, but the ultimate fate of these bills remains to be seen.

For information related to legal services in Southeast Asia please see: Legal.

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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…

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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.

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