Integrity Legal

Posts Tagged ‘States’ Rights’

11th August 2011

It recently came to this blogger’s attention that officials from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are being encouraged to implement the ASEAN Economic Community (AEC) Blueprint. In order to provide further insight into these developments it is necessary to quote directly from a fascinating article posted to the Live Trading News website, LiveTradingNews.com:

The Association of Southeast Asian Nations (ASEAN) Wednesday was urged to implement the ASEAN Economic Community (AEC) Blueprint 2015 timely. “This year’s ASEAN Economic Ministerial meeting takes place at a critical juncture when there is so much uncertainty about the global economy given the fiscal situations in the United States and members of the European Union. From Indonesia’s perspective, it is imperative that ASEAN implements the AEC Blueprint 2015 on time as this will bring benefits to all of its members and allow ASEAN to grow together with our dialogue partners,” said Indonesian Trade Minister Mari Elka Pangestu…

Readers are encouraged to click upon the relevant hyperlinks noted above to read this article in detail.

Those who read this web log with any frequency may be aware of the fact that there have been many significant developments pertaining to the Association of Southeast Asian Nations (ASEAN). One major announcement, from this blogger’s perspective, was the broaching of the subject of a possibly unified ASEAN visa similar to the Schengen visa scheme currently utilized in Europe. Concurrently, in the context of the Kingdom of Thailand; there has been discussion surrounding the idea of creating Thailand Plazas throughout the ASEAN jurisdictions in order to promote Thai business interests in the region. With respect to geopolitics, ASEAN has been in the news recently as this organization seems poised to eventually promulgate a formal declaration with respect to freedom of navigation in the South China Sea. How such matters will ultimately evolve remains to be seen.

In news pertaining to United States immigration, it recently came to this blogger’s attention that the Governor of the sovereign State of Arizona has petitioned for Supreme Court review of that State’s recently enacted immigration law. In order to provide further insight it is necessary to quote directly from the official website of Politico, Politico.com:

Arizona Gov. Jan Brewer announced late Wednesday she has filed a petition asking the Supreme Court to consider her state’s appeal to a lower court ruling that put on hold key parts of Arizona’s anti-illegal immigration law. “I am hopeful that the U.S. Supreme Court will choose to take this case and issue much-needed clarity for states, such as Arizona, that are grappling with the significant human and financial costs of illegal immigration,” Brewer said in a statement released by her office. “For too long the Federal government has turned a blind eye as this problem has manifested itself in the form of drop houses in our neighborhoods and crime in our communities. SB1070 was Arizona’s way of saying that we won’t wait patiently for federal action any longer. If the federal government won’t enforce its immigration laws, we will.” Brewer, a Republican, vowed this spring to take the case to the high court after a ruling by the 9th Circuit Court of Appeals rejecting her motion to throw out a district court’s ruling that blocked implementation of parts of the law. The deadline to do so was Wednesday…

This blogger asks interested readers to click upon the relevant links above to read this article in detail.

As noted previously on this web log, the powers related to immigration and often wielded by the federal legislature and the federal executive are plenary in nature as immigration is one of the relatively few areas in which the United States federal government maintains virtually unfettered seemingly exclusive jurisdiction. That stated, how said jurisdiction interrelates with reserved States’ Rights and prerogatives is an interesting and almost interminably unsettled question. Hopefully, the Supreme Court of the United States can provide insight into these issues and possibly delineate a framework which will facilitate a better understanding of all of these issues and their interaction within the context of the United States Constitution.

For information related to US immigration from the Kingdom of Thailand please see: K1 Visa Thailand.

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

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10th August 2011

It recently came to this blogger’s attention that the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) is apparently compelling an Australian man, who is currently a partner in a same sex marriage with an American Citizen, to depart the USA. In order to provide further clarity on this situation it is necessary to quote directly from the official website of the San Fransisco Chronicle, SFGate.com:

Citing the Defense of Marriage Act, the Obama administration denied immigration benefits to a married gay couple from San Francisco and ordered the expulsion of a man who is the primary caregiver to his AIDS-afflicted spouse. Bradford Wells, a U.S. citizen, and Anthony John Makk, a citizen of Australia, were married seven years ago in Massachusetts. They have lived together 19 years, mostly in an apartment in the Castro district. The U.S. Citizenship and Immigration Services denied Makk’s application to be considered for permanent residency as a spouse of an American citizen, citing the 1996 law that denies all federal benefits to same-sex couples. The decision was issued July 26. Immigration Equality, a gay-rights group that is working with the couple, received the notice Friday and made it public Monday. Makk was ordered to depart the United States by Aug. 25. Makk is the sole caregiver for Wells, who has severe health problems…

The administration of this web log encourages interested readers to click upon the relevant hyperlinks noted above to learn further details from this interesting story.

Frequent readers of this web log may recall that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude the federal government from recognizing a same sex marriage for purposes of distributing federal benefits. Therefore, same sex bi-national couples cannot acquire the same travel documents and visa benefits (such as the K-1 visa, CR-1 visa, or an IR-1 visa) as a different-sex couple notwithstanding the fact that the couple may be legally married in one of the State jurisdictions which legalize and/or solemnize such unions. It should be noted that legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act would rectify this situation to one degree or another. As of the time of this writing it remains to be seen whether this legislation will ultimately see enactment.

Meanwhile, in news of further interest to those who follow immigration matters; it recently came to this blogger’s attention that DHS has issued an announcement regarding a nationwide program to be administered by the United States Immigration and Customs Enforcement Service (USICE, sometimes colloquially referred to as ICE). To provide further insight it is necessary to quote directly from the official website of the Washington Times, WashingtonTimes.com:

The District could be forced to participate in an immigration-enforcement program now that the federal government has issued a letter to states that voided their participation agreements and emphasized the program’s mandatory nature. The Department of Homeland Security sent the letter last week to governors of 39 states, including Maryland and Virginia, after three states expressed interest in opting out of their contracts with the federal Secure Communities program. The program allows U.S. Immigration and Customs Enforcement to access fingerprints collected by state and local law enforcement and shared with the FBI. It was started in 2008 and has helped ICE identify and deport more than 86,000 convicted criminal aliens. “This is to avoid any further confusion,” ICE spokeswoman Nicole Navas said Monday. “We’ve made it clear. There’s no opting out.” DHS voided the agreements to clarify that they essentially served no purpose, and that states are required to remain in the program. Federal officials no longer will seek agreement with newly enrolled states and jurisdictions, and will simply notify them when they plan to implement the program…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

Matters pertaining to immigration can be difficult to understand especially in the context of the United States Constitution since many of the immigration-related powers of the American Legislature and Executive are plenary in nature. How such powers interact with States’ Rights can be difficult to ascertain as the legal principles involved can be quite subtle. In any case, the ultimate resolution of this issue remains to be seen. Hopefully, a solution will present itself which will prove amenable for all concerned.

For information related to United States immigration from Thailand please see: Legal.

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6th August 2011

It recently came to this blogger’s attention that further support for the Respect for Marriage Act (RFMA) may be forthcoming from membership of the United States Senate. To quote directly from the official website of The Washington Independent, WashingtonIndependent.com:

Long a holdout in signing on to back the Respect for Marriage Act, Sen. Amy Klobuchar indicated this week she’ll sponsor the bill, which would repeal the federal Defense of Marriage Act. Klobuchar is the last Democratic member of the Senate Judiciary Committee to back the measure after Sen. Herb Kohl of Wisconsin expressed his support in April. Fellow Democrat Al Franken was an original sponsor of the act…

This blogger asks readers to click upon the relevant hyperlinks noted above to read this article in detail.

Frequent readers of this blog may recall that Representative Jerrold Nadler introduced a “Respect for Marriage Act” counterpart piece of legislation in the United States House of Representatives where there is some doubt as to the ultimate fate of the bill notwithstanding the fact that it supports fundamental notions connected to States’ Rights pursuant to the United States Constitution’s Full Faith and Credit Clause. Meanwhile, there is also a compelling argument that support for the RFMA as a replacement for the so-called “Defense of Marriage Act” (DOMA) is simultaneously supportive of notions related to Equal Protection and natural law. How all of these issues will ultimately be sorted out by US Courts and/or the American legislature remains to be seen, but following the debate generates a great deal of intriguing insight into the evolving nature of the United States Constitution.

Meanwhile, in news related to the jurisdictions of the Association of Southeast Asian Nations (ASEAN); it recently came to this blogger’s attention that some international media outlets have reported upon the Russian perspective of recent ASEAN meetings. In order to provide further particulars it is necessary to quote directly from the official website of The Voice of Russia, ruvr.ru:

The dialogue between Russia and the Association of Southeast Asian Nations (ASEAN) is actively developing, Russian Foreign Minister Sergei Lavrov said following a ministerial meeting in Indonesia. Experts cannot fully agree with this, saying that the sides have yet to completely activate their potential for both bilateral and multilateral cooperation.

The administration of this blog asks readers to click upon the relevant hyperlinks noted above to learn further from this insightful article.

Although this blog attempts to primarily focus upon issues pertaining to ASEAN from an American context the activities of any of the so-called BRICS countries (Brazil, Russia, India, China, South Africa) in the ASEAN region is of compelling interest to those who follow geopolitics and economics with any degree of frequency. How negotiations regarding the future structure of ASEAN will play out is anyone’s guess. Concurrently, the confluence of economic forces at play in the ASEAN region could yield trade opportunities with the potential for future exponential growth in real terms. As a result, an understanding of the unique nature of ASEAN and her component jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) could provide real insight to those looking to conduct business in Southeast and Greater Asia.

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

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2nd August 2011

It recently came to this blogger’s attention that personnel of the United States Justice Department have filed a case challenging the provisions of a recent State immigration law enacted by the sovereign State of Alabama. In order to provide further information this blogger is compelled to quote directly from the website AL.com:

BIRMINGHAM, Alabama — The U.S. Justice Department today filed a lawsuit challenging Alabama’s new immigration law, which is slated to go into effect next month. In its lawsuit, the Justice Department says Alabama’s law unconstitutionally interferes with the federal government’s authority over immigration. “To put it in terms we relate to here in Alabama, you can only have one quarterback in a football game. In immigration, the federal government is the quarterback,” said Joyce White Vance, the U.S. Attorney for the Northern District of Alabama. Justice Department lawyers write in the lawsuit that the department is filing the action “to declare invalid and preliminarily and permanently enjoin the enforcement of various provisions” of the state law, according to the lawsuit filed in U.S. District Court in Birmingham this afternoon. Provisions within the state’s immigration law “are preempted by federal law and therefore violate the Supremacy Clause of the United States Constitution…”

The administration of this web log asks readers to click upon those relevant hyperlinks noted above in order to read this insightful article in detail.

Frequent readers of this blog may have noted that this blogger has rather strong feelings regarding inherent States’ Rights and the inherent prerogatives which are reserved to State sovereigns notwithstanding the enumerated powers of the federal government pursuant to the United States Constitution. That stated, American immigration is one of the relatively few fields in which Congress has virtually monopolistic power regarding the imposition of laws, rules, and regulations. This is due to the fact that immigration falls into the jurisdiction of Congressional and executive plenary power. Therefore, it is little wonder that this recent case was filed since the Alabama law would seem to be operating in violation of that aforementioned plenary power. How this case will ultimately be resolved remains to be seen, but clearly issues pertaining to US immigration can be dramatic in a political context.

Of further interest to those who find the information above to be noteworthy, it recently came to this blogger’s attention that the American Congress seems to be attempting to create some sort of extra-Constitutional body for legislative purposes. To provide further elucidation regarding these developments it is necessary to quote directly from the official website of the Huffington Post, HuffingtonPost.com

This “Super Congress,” composed of members of both chambers and both parties, isn’t mentioned anywhere in the Constitution, but would be granted extraordinary new powers. Under a plan put forth by Senate Minority Leader Mitch McConnell (R-Ky.) and his counterpart Majority Leader Harry Reid (D-Nev.), legislation to lift the debt ceiling would be accompanied by the creation of a 12-member panel made up of 12 lawmakers — six from each chamber and six from each party. Legislation approved by the Super Congress — which some on Capitol Hill are calling the “super committee” — would then be fast-tracked through both chambers, where it couldn’t be amended by simple, regular lawmakers, who’d have the ability only to cast an up or down vote. With the weight of both leaderships behind it, a product originated by the Super Congress would have a strong chance of moving through the little Congress and quickly becoming law. A Super Congress would be less accountable than the system that exists today, and would find it easier to strip the public of popular benefits. Negotiators are currently considering cutting the mortgage deduction and tax credits for retirement savings, for instance, extremely popular policies that would be difficult to slice up using the traditional legislative process…

This blogger asks that readers click on the appropriate hyperlinks above to read this article in detail.

This blogger would argue that this proposed so-called “Super Congress” is a prima facie violation of the United States Constitution since there is no explicit reference to such an institution within the text of the Constitution itself and because Congress cannot delegate their lawmaking function to this institution per the doctrine of nondelegation. As noted in the quotation above, under the proposed scheme “rank and file” Representatives and Senators would not be able to make amendments or changes to proposed legislation emanating from this questionably Constitutional body, but would be required to vote “yes” or “no” only. This blogger would not have a Constitutionality issue with the proposed scheme if it were proposed as an Amendment to the Constitution and not as a statute since, again, the Nondelegation precludes such a transfer of power and therefore any law passed pursuant to this scheme may not be in compliance with notions of due process of law in American jurisprudence since there is a specific Constitutional framework for enacting legislation which does not include a “Super Congress”. For those who wish to understand this issue through the prism of analogy there are certain parallels between the argument that this scheme violates the Nondelegation doctrine and the argument that the so-called federal “line item veto” violated the Presentment Clause of the American Constitution. The future circumstances of this scheme have yet to unfold, but clearly there are many legal aspects of this plan which could face challenge down the road.

– Benjamin Walter Hart

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

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29th July 2011

Notwithstanding the fact that the American federal government currently finds itself in gridlock due to issues such as the debate over the raising of the debt ceiling and other issues pertaining to the national deficit there appears to be one issue that seems to be continually overlooked by members of both parties in the United States Congress. That issue is: federal recognition of State licensed same sex marriage. Regardless of the provisions in the United States Constitution regarding Full Faith and Credit as elucidated in the language of the Full Faith and Credit Clause, the third section of the so-called “Defense of Marriage Act” precludes federal recognition of same sex marriage even in situations where such unions are legalized and/or solemnized in one of the American State jurisdictions which license such marital unions.

In the interests of full disclosure, this blogger originates from the Great State of Kansas and that State has opted to pass a ban upon same sex marriage as a State Constitutional amendment. This blogger disagreed with the promulgation of that amendment at the time because he has always believed that the States have no right to legislate as to We The People‘s natural rights and prerogatives. That stated, where State legislation augments personal liberty and is not preempted expressly by the enumerated powers of the federal Constitution, such legislation should be accorded Full Faith and Credit pursuant to the United States Constitution not to mention pursuant to the law of the land in the United States of America.

Bearing the above in mind, the issue of same sex marriage and federal recognition thereof is a thorny one since there are those States which expressly ban such unions while concurrently there are those which expressly permit such unions. Therefore, there could be a situation where a same sex marriage is performed and thereby legalized in one State and thereafter the couple cannot be divorced in another State jurisdiction as said jurisdiction does not permit such unions pursuant to State public policy. The courts in the non-recognizing State may be required to recognize that a same sex marriage in another jurisdiction exists in fact, but may not allow the same sex couple to receive a divorce. For more on these concepts it is prudent to review the previous blog posting regarding the concept of vertical vs. horizontal Full Faith and Credit.

Bearing all of the above in mind, it is this blogger’s opinion that the issue of same sex marriage recognition, at least at the federal level, is a virtually non-partisan issue since it touches upon basic human rights as well as those notions inherent to the concept of States’ Rights. As a result, politicians should not have a “tough sell” on this issue with respect to their constituents as Republican legislators can note that support of legislation such as Representative Jerrold Nadler‘s Respect For Marriage Act is supportive of reserved State prerogatives. Meanwhile, Democrats can note that support for repeal of DOMA is in the interests of human rights, civil rights, and Equal Protection.

It remains to be seen how these concepts will come to evolve as the legislative session continues, but it is clear that this issue dovetails many key concepts that Americans associate with personal freedom and Constitutional law.

– Benjamin Walter Hart

For further information regarding federal recognition of same sex marriage please see: Certainty.

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

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26th July 2011

It recently came to this blogger’s attention that there may be a pending matter coming before the US Courts pertaining to same sex marriage in the sovereign State of New York. In order to provide further insight it is necessary to quote directly from the website of the Washington Blade, WashingtonBlade.com:

Before the ink had even dried on many of the first marriage licenses for same-sex couples in New York, the state Attorney General was busy filing a brief in one of the several cases against the Federal Defense of Marriage Act, which prevents the Federal Government from recognizing same-sex marriages performed in the states where such marriages are legal, and preempts the Constitutional ‘Full Faith and Credit’ cause by allowing states to refuse to recognize some marriages performed in elsewhere. Tuesday, Attorney General Eric Schneiderman filed an Amicus Curie brief in the U.S. District Court for the Southern District of New York in the Windsor v. United States, a case brought against the government by the American Civil Liberties Union on behalf of New York widow Edie Windsor. When her wife Thea passed away in 2009, Edie was forced to pay penalties most married couples don’t have to pay because her marriage was not recognized, though the two had shared a life together for over 44 years. [sic]

The administration of this web log strongly encourages interested readers to click on the relevant hyperlinks above to read more from this always interesting website.

Frequent readers of this web log may recall that issues pertaining to Full Faith and Credit pursuant to the Full Faith and Credit Clause of the United States Constitution are central to the issue of federal recognition of State licensed same sex marriages. This blogger has always felt that the issue of Full Faith and Credit in the context of same sex marriage will likely be adjudicated in the American Court system as there are those who would argue that the United States Congress does not have the political will to pass legislation to rectify the current discrimination imposed by the so-called “Defense of Marriage Act” (DOMA). This argument is generally made notwithstanding the fact that legislators such a Representative Jerrold Nadler have introduced legislation such as the Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) which would alleviate immigration discrimination and provide “certainty” to State legalized and/or solemnized same sex marriages, respectively.

Congressional reluctance regarding the repeal of DOMA would seem to exist notwithstanding the fact that there is a fundamentally pro-States’ Rights element which augers in favor of DOMA repeal. States’ Rights arguments are often undertaken by those on the so-called “political right” in America politics. Meanwhile, there is a concurrent Civil Rights and Equal Protection argument which seems to operate in favor of DOMA repeal. Such arguments are often espoused by members of the so-called “political left” in American politics. How these issues will ultimately be resolved remains to be seen, but one this is certain: this situation makes for interesting political and legal theater.

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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.

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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…

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.

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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.

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4th July 2011

It recently came to this blogger’s attention that many developments have been taking place with respect to same sex marriage and the legal recognition thereof. It would appear as though many different organs of the United States government have taken a rather positive stance on LGBT Equality. In order to better expound upon these events it may be prudent to quote directly from the official website of the New York Times, NYTimes.com:

Last month, with almost no fanfare, the federal government did a very decent thing: It canceled the deportation of a Venezuelan man after he married an American man in Connecticut and claimed legal residency as a spouse. But the government did not say that it was formally recognizing their marriage, because it cannot. The Defense of Marriage Act, which ranks with the most overtly discriminatory laws in the nation’s history, remains on the books, prohibiting federal recognition of legal same-sex marriages… The Defense of Marriage Act was enacted in 1996 as an election-year wedge issue, signed by President Bill Clinton in one of his worst policy moments. Any Congress with a real respect for personal freedom would repeal it. That, of course, does not describe the current Congress, where many members talk a great deal about freedom but apply it mainly to businesses and gun owners. With legislative repeal not on the horizon, the best hope for ending this legalized bigotry is with the courts. Last year, a federal judge in Massachusetts said the law’s definition of marriage as only between a man and a woman violated the equal-protection provisions of the Constitution. In June, a federal bankruptcy court in California said the law was unconstitutional. Other cases have been filed in New York and Connecticut, and the Justice Department, having agreed that the marriage definition is unconstitutional, has refused to defend it in those court cases. (The House hired its own lawyer to defend the law.)

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to read this insightful story in detail.

This blogger would also note that there is one seemingly barely reported aspect of the debate which centers upon the issue of federal recognition of same sex marriages legalized and/or solemnized in one of the American jurisdictions which permit such unions. This under reported issue is that of States’ Rights. Although it may not seem immediately pertinent, the issues associated with the sovereign American States’ rights to legalize and/or solemnize marriage within their respective jurisdictions may very well be a central issue to be analyzed with respect to adjudication of the Constitutionality of the so-called “Defense of Marriage Act” (DOMA). There are some who would argue that failure on the part of the United States Congress to provide a framework to grant Full Faith and Credit to same sex marriages might be in violation of the provisions of the Full Faith and Credit Clause of the United States Constitution. As of the time of this writing, however, the United States federal government continues to refuse recognition of same sex marriage pursuant to DOMA.

Bearing the above in mind, it should be noted that it would appear as though this issue is still evolving within the American political zeitgeist as it was recently pointed out that the American President has had some discussions regarding this issue. To quote directly from the official website of the Financial Times, FT.com:

A calculating Washington operative might construe Barack Obama’s continued reluctance to support same-sex marriage as a clever strategic ploy to maximise votes as the 2012 presidential election race gets under way… At a Gay Pride reception at the White House on Wednesday, just five days after New York became the seventh jurisdiction in the US to allow same-sex weddings, Mr Obama trumpeted his achievements: winning the repeal of the Don’t Ask, Don’t Tell policy that bans gays and lesbians from serving openly in the military, and ordering the justice department to stop defending the law that bans federal recognition of same-sex marriages. Gays and lesbians deserve to be “treated like every other American”, Mr Obama said. But the president, who backs civil unions for same-sex couples and last December said his views on gay marriage were “evolving”, still declined to back gay marriage. This dichotomy – being the most progressive president to date on gay issues, but not progressive enough for marriage equality – has disappointed many liberal voters…

This blogger asks readers to click upon the appropriate hyperlinks above to read more from this interesting posting.

Although the President’s views on same sex marriage are “evolving” it remains to be seen when such evolution will result in tangible benefits for the LGBT community. One of the significant ramifications of the current application of DOMA is the fact that this legislation’s enforcement drives bi-national same sex couples geographically apart. Notwithstanding the rescinded deportation noted above, DOMA remains in force and so long as that legislation remains in force there will be same sex bi-national couples who remain separated. Some American legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Uniting American Families Act (UAFA), the Reuniting Families Act, and the Respect for Marriage Act. This legislation would, to one degree or another, ameliorate some of the discrimination currently being endured by the LGBT community in America. However, as of this posting, such legislation has yet to be enacted. It should be interesting to see if such legislation will see passage in the weeks and months ahead.

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