Integrity Legal

Posts Tagged ‘uafa’

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.

more Comments: 04

3rd August 2011

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) is taking steps to encourage entrepreneurial immigration to the United States of America. In order to provide further insight it is necessary to quote directly from the official website of the DHS, DHS.gov:

WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. “The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.” “Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.” These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs…

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

In previous postings on this blog it has been noted that travel documents such as the EB-5 visa can be a satisfactory tool for those wishing to travel to the United States for the purposes of investing and residence. It should be noted that there are other employment based visa categories such as the EB-2 visa, the EB-3 visa, the EB-1 visa, and the EB-4 visa which may be used by individuals who find themselves in differing factual circumstances. Meanwhile, visas such as the L-1 visa and the E-2 visa are often used by non-immigrants who wish to travel to the United States of America for the purpose of either undertaking specialized employment or investing in a small business therein. That stated, those seeking immigration benefits are well advised to contact an American immigration lawyer since issues associated with American immigration can be legally complex and the process can sometimes prove cumbersome for those unaccustomed to dealing with matters pending before various agencies within the American federal bureaucracy.

In news pertaining to the continuing struggle for LGBT Equality, it recently came to this blogger’s attention that an attorney for the United States government has filed a response in a case involving a New York woman suing the government to have her same sex marriage recognized. To quote directly from a posting by Mark Hamblett for the New York Law Journal on the website Law.com:

Congress has fired back in a lawsuit challenging the constitutionality of the Defense of Marriage Act’s definition of marriage as between one man and one woman. In a motion to dismiss in the Southern District, former solicitor general Paul D. Clement and his legal team argue that the act, 1 U.S.C. §7, is entitled to a presumption of constitutionality, and that U.S. Supreme Court precedent holds that an exclusively heterosexual definition of marriage does not offend the equal protection clause. The motion came in Windsor v. United States, 10-cv-8435, which was brought by Edith Schlain Windsor…In his papers yesterday, Mr. Clement said that rational basis review, not heightened scrutiny, is the appropriate standard in judging the constitutionality of the statute and §3 “easily” passes that less exacting standard. In support of that view, he argues that DOMA does not infringe on the fundamental right to marriage, that “same-sex marriage is not a fundamental right” and that “DOMA implicates federal benefits, not the right of same-sex couples to marry.” Under the rational basis test, Mr. Clement said, Congress could have acted rationally “in the face of the unknown consequences of a proposed novel redefinition of the foundational social institution,” and it could have acted rationally to “protect the public fisc” in the balance it strikes in allocating federal burdens and benefits, and providing “consistency in eligibility for federal benefits based on marital status.” Congress also could have acted rationally “to avoid creating a social understanding that begetting and rearing children is not inextricably bound up with marriage” and to “foster marriages that provide children with parents of both sexes.”

This blogger recommends that readers click upon the hyperlinks above to read this article in detail as it is very enlightening about this case and the issues associated therewith.

The case noted above is interesting insofar as the underlying same sex marriage appears to have been legalized in Canada as opposed to another United States jurisdiction. How this fact will color a final adjudication remains to be seen, but it could have an adverse impact upon the outcome of the case as Full Faith and Credit issues pursuant to the Full Faith and Credit Clause of the United States Constitution may not be relevant under the circumstances. Frequent readers may recall that in an immigration context the so-called “Defense of Marriage Act” precludes immigration benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa from same sex bi-national couples even if they have been married in an American jurisdiction which legalizes and/or solemnizes same sex marriages. Legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) would ameliorate this discrimination, but such legislation has yet to see enactment.

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

more Comments: 04

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.

more Comments: 04

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.

more Comments: 04

19th July 2011

It recently came to this blogger’s attention that the naval chiefs of the nations which comprise the Association of Southeast Asian Nations are set to meet in Hanoi, Vietnam in upcoming days. To provide further insight it is necessary to quote directly from the official website of China Daily, ChinaDaily.com.cn:

HANOI – The 5th ASEAN Naval Chiefs’ Meeting (ANCM-5) will be held in Vietnam on July 26-29, with participation of naval commanders from nine ASEAN member countries and the Lao defense attache in Vietnam. According to Vietnam News Agency on Tuesday, it is the first time Vietnam hosts such defense cooperation event, during which delegates will share views and discuss cooperative measures to respond to security challenges in the region, among other issues…

This blogger asks readers to click upon the hyperlinks noted above to learn more from this insightful article.

This news comes upon the heels of news that the American President is scheduled to attend an upcoming ASEAN meeting. Meanwhile, ASEAN leaders are apparently in continued discussion regarding a communique pertaining to the South China Sea. Finally, it would appear as though there may be further discussion regarding an ASEAN visa which would operate in a similar manner to the Schengen Visa. How all of these developments will ultimately play out remains to be seen, but they are certainly of interest for those in the region.

In news related to the struggle for LGBT Equality this blogger recently came upon an interesting posting discussing the current legal position of the LGBT community in light of continued enforcement of the so-called “Defense of Marriage Act” (DOMA). To quote directly from a posting by Peter J Reilly on the official website of Forbes, Forbes.com:

One of my earliest and most popular (pre-Forbes) posts was on the case of Rhiannon G. O’Donnabhain, who wanted to deduct the cost of gender reassignment surgery as a medical expense.  The IRS argued that the procedure was “cosmetic surgery” and not deductible.  Ms. O’Donnabhain prevailed.  Then came Gill V OPM.  As I noted in my inaugural Forbes post, marital status impact over 1,000 “benefits, rights and privileges” in the United States Code.  Section 3 of the Defense of Marriage Act (DOMA) holds that a couple is not married for any federal purpose unless they are of the opposite gender and that the word spouse means a person of the opposite gender.  In Gill v OPM a district court ruled that Section 3 of DOMA had no rational basis.  There were several plaintiffs in Gill, all legally married in Massachusetts, arguing for a variety of benefits including that of filing a joint return…

Those interested in such issues are strongly encouraged to click upon the relevant hyperlinks above to read this interesting posting in detail.

Section 3 of DOMA also has significant ramifications in an American immigration context as even those who have entered into a same sex marriage in a State which legalizes such unions cannot use said marriage as a basis to petition for spouse visa benefits (such as the CR-1 visa and the IR-1 visa). Concurrently, as such unions are not recognized by the United States federal government a petition for a same sex K-1 visa would also not be permissible so long as DOMA remains in place.  Bearing that in mind the reader should note that legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Respect for Marriage Act, the Uniting American Families Act (UAFA), and the Reuniting Families Act in order to provide some sort of remedy for the current discrimination being borne by same sex bi-national couples and the LGBT community as whole. As of the time of this writing none of the above legislation has seen passage although with an upcoming Senate Judiciary Committee hearing set to discuss DOMA there is hope that this discrimination will not continue indefinitely.

more Comments: 04

17th July 2011

It recently came to this blogger’s attention that members of the American Armed Services were recently noted for their apparent presence at a recent march in support of equal rights for the LGBT community. To quote directly from the official website of the Reuters News Service, Reuters.com:

A group of U.S. service members marched in a San Diego gay pride parade on Saturday, in a demonstration organizers touted as an unprecedented step for gay and lesbian military personnel under the Pentagon’s “Don’t Ask, Don’t Tell” policy…The march came a day after a three-judge panel of the U.S. 9th Circuit Court of Appeals temporarily reinstated the military’s “Don’t Ask, Don’t Tell” policy on gays, but blocked the Pentagon from penalizing or discharging anyone for being openly gay. The decision marked a reversal from an earlier order to immediately end the policy…

The administration of this blog asks readers to click upon the relevant hyperlinks noted above to learn more about these developments.

Frequent readers of this web log may take note of the fact that the 9th Circuit’s decision in the “Don’t Ask, Don’t Tell” matter came down almost contemporaneously with the decision by the United States Bankruptcy Courts to begin allowing bankruptcy petitions from same sex couples if a couple in question has entered into a same sex marriage in one of those jurisdictions which permit such marital unions. This news comes after the announcement that the United States Senate is set to hold hearing regarding the so-called “Defense of Marriage Act” and a possible substitute for that legislation in the form of the Respect for Marriage Act. In fact, it was recently announced that the chairman of said proceedings has already been named. In order to provide further insight it is necessary to quote directly from the website of News Radio WGMD 92.7, WGMD.com:

Senator Chris Coons will chair the second panel of the Senate Judiciary Committee which will consider legislation that would repeal the Defense of Marriage Act.  Coons is a co-sponsor of the Respect for Marriage Act and says that DOMA is discriminatory and deserves to be repealed.  Coons says this hearing is important as it will study the impact that DOMA has had on American families.

This blogger asks readers to click upon the links above to read this posting in detail.

It currently remains to be seen how the presence of Senator Chris Coons chairing the upcoming committee meeting will impact the overall debate on DOMA, but readers may recall that Representative Jerrold Nadler recently introduced both the Uniting American Families Act (UAFA) and the Respect for Marriage Act in the United States House of Representatives. These pieces of proposed legislation are designed to put an end to, at least, some of the current legal discrimination being borne by the American LGBT community. UAFA merely deals with the discrimination currently being applied to the LGBT community in an American immigration context while the Respect for Marriage Act was designed to provide a kind of legal certainty to those same sex couples who have married in one of those jurisdictions which legalize and/or solemnize such unions.

For related information please see: Full Faith and Credit Clause.

more Comments: 04

12th July 2011

It recently came to this blogger’s attention that the often venerated alternative media outlet ZeroHedge.com has posted an analysis of issues pertaining to a proposed change to the forms used by those seeking a US Passport. To provide further insight it is necessary  to quote directly from the Zero Hedge website, ZeroHedge.com

In the US, the government now requires all citizens to have a passport in order to pass the border, even when driving into Mexico or Canada. Obtaining a passport, however, is neither free nor guaranteed.  You must apply, pay an ever-increasing fee, and wait for weeks to be approved and receive it. Recently, the State Department quietly proposed a new ‘biographical questionnaire’ in lieu of the traditional passport application. The new form requires you to provide things like:

- names, birth places, and birth dates of your extended family members
– your mother’s place of employment at the time of your birth
– whether or not your mother received pre-natal or post natal care
– the address of your mother’s physician and dates of appointments
– the address of every place you have ever lived in your entire life
– the name and address of every school you have ever attended

Most people would find it impossible to provide such information, yet the form requires that the responses ‘are true and correct’ under penalty of imprisonment. Naturally, the privacy statement on the application also acknowledges that the responses can be shared with other departments in the government, including Homeland Security. If this proposal passes, then US citizens will have a nearly insurmountable hurdle to obtain a passport and be able to leave the country at will…

The administration of this blog asks readers to click upon the relevant hyperlinks noted prior to this excerpt. Also, it is advisable to click upon the hyperlinks contained within this quotation in order to understand this situation in context.

Each year, many Americans traveling abroad, or those Americans resident abroad, renew their passport at an American Citizen Services section of a US Embassy or US Consulate abroad. It has always been this blogger’s opinion that personnel of the Department of State who handle such matters do so in an efficient and courteous manner. Meanwhile, many United States Citizens opt to seek passport renewal in the USA. This blogger has undertaken both endeavors and in each case the officers involved processed the request quickly and with little difficulty. Although it remains to be seen how the proposed questionnaire would actually impact the processing of passport issuance requests one can hope that the process will not become overly cumbersome.

In news pertaining to the struggle for LGBT Equality, it recently came to this blogger’s attention that a woman in the sovereign State of New York is challenging the legal status and Constitutionality of the provisions of the so-called “Defense of Marriage Act” (DOMA). In order to provide the reader with some relevant insight it is necessary to quote directly from an article by Mark Hamblett for the New York Law Journal posted on Law.com:

Challengers to the federal Defense of Marriage Act insist that every justification offered by Congress for defining marriage exclusively as between a man and a woman is contrary to logic and the law. In summary judgment papers filed in the Southern District of New York, lawyers for Edith Schlain Windsor argue that there is no good reason for treating her marriage to the late Thea Clara Spyer any differently than a heterosexual union. Read Ms. Windsor’s motion and memorandum. Ms. Windsor’s lawyers call the Defense of Marriage Act (DOMA) a radical measure and a clear violation of the right to equal protection of the laws under the Fifth Amendment to the U.S. Constitution. “DOMA is a sweeping statute that rewrites over one thousand federal laws and overturns the federal government’s long-standing practice of deferring to state determinations of marital status,” the lawyers claim in a memorandum asking Magistrate Judge James C. Francis IV for summary judgment in the case of Windsor v. United States, 10-cv-8435. “Throughout history, the federal government has never married people, leaving that to the states…”

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

Those unfamiliar with the current predicament of the LGBT community should note that in immigration matters same sex bi-national couples, even those who have entered into a same sex marriage in one of the sovereign American States which legalize and/or solemnize such unions, are unable to petition for the same immigration benefits as their different-sex counterparts. In order to attempt to remedy this particular discrepancy Representative Jerrold Nadler recently introduced legislation such as the Uniting American Families Act (UAFA). The Respect for Marriage Act was also introduced by Representative Nadler in order to remedy the issue of “certainty” in such cases. As of the time of this writing, neither of these bills has seen enactment although there has been recent news that the Senate Judiciary Committee may be holding hearings pertaining to the Respect for Marriage Act soon. On a related note, the Reuniting Families Act, which apparently includes UAFA-like language, was lately introduced by Representative Mike Honda although passage of this legislation remains to be seen.

There is certainly an “equal protection” component to any argument against DOMA, but relatively few commentators seem to take note of the fact that the way DOMA is currently enforced may also violate notions of States’ Rights. Generally, matters pertaining to the prerogatives of the Several States are debated by the United States Congress before enactment of legislation which maintains interstate compliance with the provisions of the Full Faith and Credit Clause of the United States Constitution. In this case, Congress has arguably abrogated the notion of Full Faith and Credit inherent in the provisions of the Full Faith and Credit Clause since section 3 of DOMA effectively renders the prerogatives of the sovereign States ineffective when it comes to the issue of same sex marriage.

The issues associated with DOMA have yet to be fully resolved, but it seems likely that these matters may remain contentious both inside the Courtrooms of America and elsewhere.

more Comments: 04

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.

more Comments: 04

8th July 2011

It recently came to this blogger’s attention that a Federal Court injunction has once again been put into effect with respect to the issue of the American military’s so-called “Don’t Ask, Don’t Tell” policy. To provide further information on this matter it is necessary to quote directly from the online home of the San Fransisco Chronicle at SFGate.com:

SAN FRANCISCO — A federal appeals court ordered a halt Wednesday to the armed forces’ policy of discharging openly gay service members, citing the impending demise of “don’t ask, don’t tell” and the Obama administration’s escalating criticism of antigay laws. Congress has already voted to repeal “don’t ask, don’t tell,” the 1993 law that barred military service by gays and lesbians who disclose their sexual orientation. But the repeal was due to take effect only after the Pentagon certified that the change in the law would not interfere with military readiness or recruiting, a finding the Obama administration had projected for the end of this year. On Wednesday, however, the Ninth U.S. Circuit Court of Appeals in San Francisco – which had previously allowed the government to follow its own timetable – reinstated a federal judge’s injunction that had briefly barred enforcement of the law last fall before it was suspended…

The administration of this blog asks readers to click upon the hyperlinks noted above to read all of this interesting story by the aforementioned newspaper’s staff writer Bob Egelko.

As has been previously pointed out in the pages of this web log, the American Armed Forces should be commended for their efforts to quickly and efficiently integrate the LGBT community into their honored ranks. This blogger would speculate that the open inclusion of members of the Lesbian, Gay, Bisexual, and Transgender (also sometimes referred to colloquially as the “third sex” in Thailand) community will only make the United States military a stronger and more cohesive force for the advancement of freedom and liberty around the globe. Posterity may one day note that the aforementioned injunction was not necessary, but the force of law which comes “part and parcel” with a federal injunction can only help the efforts of those struggling for LGBT equality.

Readers may note that the American federal government does not recognize same sex marriage even those same sex marital unions which are legalized and/or solemnized by one of the sovereign American States. Although, it would appear as though one major obstacle in the path of LGBT equality could soon be overcome since the Judiciary Committee of the United States Senate may soon hold hearings regarding the repeal of the so-called “Defense of Marriage Act” (DOMA) with an eye toward the possible recommendation of something similar to the Respect for Marriage Act. In order to provide detailed information regarding these developments it may be wise to quote directly from Advocate.com:

The Senate Judiciary Committee will hold a first-ever hearing on efforts to repeal the Defense of Marriage Act “in the coming weeks,” committee chair Sen. Patrick Leahy of Vermont announced Thursday. A committee spokeswoman said a date has yet to be set for the hearing on the Respect for Marriage Act, introduced in March by Sen. Dianne Feinstein of California and currently supported by 25 senate cosponsors, including Leahy and New York senator Kirsten Gillibrand. A witness list for the hearing, which will be webcast, has not been finalized…

This blogger strongly encourages readers to click upon the relevant hyperlinks above to read from this insightful article by Andrew Harmon.

Frequent readers of this blog may have noticed that a piece of legislation similar to that noted above was also introduced in the United States House of Representatives by Representative Jerrold Nadler who also introduced the Uniting American Families Act (UAFA) which is a bill that would provide United States visa benefits to same sex bi-national couples which would be substantially similar to those currently enjoyed by many different-sex bi-national couples (ex. the CR-1 visa, the IR-1 visa, or the K-1 visa). It should be noted that Representative Mike Honda also appears to have included UAFA-like language in the provisions of his proposed Reuniting Families Act. As of the time of this writing, none of this legislation has seen passage. However, in order for any bill to become a law it must first see passage in both houses of the American Congress and Senate Judiciary Committee hearings are a vital first step in effecting legislative change at the Senatorial level. Therefore, these developments may ultimately prove to be of the initial phases in a process that culminates with full LGBT equality under the law of the United States of America.

For related information please see: Full Faith and Credit Clause.

more Comments: 04

1st July 2011

During a recent exploration of the World Wide Web it came to this blogger’s attention that there are increasing numbers of websites reporting on issues associated with same sex marriage and the legal ramifications of such unions upon both the accordance of federal benefits and the issuance of United States visas. In a previous posting on this blog it was noted that the sovereign State of New York recently enacted legislation which would legalize same sex marriage in that jurisdiction. However, there are those who would argue that the struggle for LGBT Equality is far from finished. To provide further insight into these unfolding events it may be best to quote directly from the TheNation.com:

[W]hile this is certainly a moment to celebrate, same-sex couples in New York are not out of the woods yet. Because of the “Defense of Marriage Act” (DOMA) passed by Congress in 1996, the federal government does not honor any same-sex marriages performed in the states. So as thousands of gay and lesbian couples are married in New York over the coming months, the federal government will treat those legally married couples as strangers and deny them more than a thousand federal rights and protections of marriage, including Social Security spousal benefits, fair tax treatment and the right to sponsor a spouse for a visa or citizenship.

Readers are encouraged to click upon the relevant hyperlinks noted above to read this interesting article in detail. As noted previously in multiple postings on this web log the provisions of the so-called “Defense of Marriage Act” (DOMA) create a situation in which the federal government precludes recognition of same sex marriage even where one of the sovereign American States has legalized and/or solemnized such a union. This has lead some to note that failure on the part of the federal government to recognize such unions results in something of an abrogation of the notion of Full Faith and Credit as enshrined in the United States Constitution’s Full Faith and Credit Clause. That stated, some federal legislators, such as Representative Jerrold Nadler and Representative Mike Honda, have introduced legislation  such as the Uniting American Families Act (UAFA), the Respect for Marriage Act, and the Reuniting Families Act which are designed to mitigate some of the discrimination imposed by application of DOMA. As of the time of this writing, however, none of the aforementioned legislation has been enacted.

Bearing in mind the facts noted above, the reader should note that there have been some other positive developments, albeit relatively minor, in the struggle for full equality. In order to shed further light upon these developments it may be prudent to quote directly from the website LGBTQNation.com:

Another battle which is loosening the Jenga pieces under this bigoted piece of legislation is the fight for immigration rights by bi-national couples. One such case that we’ve covered is that of Henry Valendia and Josh Vandiver, a legally married couple residing in New Jersey. Under DOMA, Valendia, a Venezuelan national, was denied legal residency. Last month, U.S. Attorney General Eric Holder vacated a decision made by the Board of Immigration Appeals (BIA)…[S]ome incredible news came to the Valencia-Vandiver family on Wednesday in the form of a dismissal by Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, and arm of the Homeland Security Department…

The administration of this web log asks readers to click upon the appropriate hyperlinks noted above to learn further details from this fascinating article.

It is certainly heartening to see that the United States government appears to have dismissed the proceedings related to this same sex bi-national couple. That stated, it is certainly possible that this may remain, at least for the time being, an isolated incident as the provisions of DOMA appear to still be in force. Hopefully, this case is the first in a long line of cases in which the LGBT community sees Full Faith and Credit and Equal Protection under the law of the United States of America.

For related information please see: US Visa Thailand.

more Comments: 04

The hiring of a lawyer is an important decision that should not be based solely on advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. The information presented on this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.