Integrity Legal

25th December 2009

As it is the Holiday season in the United States many families are reunited with their loved ones in order to be together during the festivities. However, there are some families who cannot be reunited in the US due to restrictions imposed by US Immigration law. Most notable among those who probably will not be re-united this Christmas are same-sex bi-national couples. Since the Defense of Marriage Act was passed in the mid-1990′s it has been virtually impossible for bi-national same-sex couples to receive US Immigration benefits even where their marriage was executed in a jurisdiction in the United States of America. In a recent blog post on the website ImmigrationEquality.org the author notes that recently proposed Immigration reform legislation does not address the issues associated with Lesbian, Gay, Bisexual, and Transgendered (LGBT) Immigration.  To quote directly from the blog:

“Earlier today, Congressman Luis Gutierrez (D-IL) introduced an immigration reform proposal in the House of Representatives that does not include lesbian, gay, bisexual and transgender families. We pushed hard for inclusion in this bill, and we are deeply disappointed. However, I want to be clear: this is not the comprehensive immigration reform package which will move through the House. And, there are many reasons to remain optimistic about our inclusion in CIR down the road.

First, it is important to note that Congressman Gutierrez remains a co-sponsor of the Uniting American Families Act (UAFA) and the LGBT-inclusive Reuniting Families Act (RFA) in Congress. In the weeks and months leading up to the introduction of the Gutierrez bill, Immigration Equality pushed for inclusion of our families. When it became clear that this was not to be, we asked for the Congressman to continue to work for an end to immigration laws that discriminate against LGBT families, and we have every expectation that he will do so.”

It is this author’s opinion that the same-sex immigration issue will likely be dealt with in the United States Courts as the United States House of Representatives and the United States Senate seems reluctant to either overturn the Defense of Marriage Act (DOMA) or pass the Uniting American Families Act (UAFA). However, this author believes that the Defense of Marriage Act is in direct violation of the 10th Amendment of the United States Constitution because DOMA overrides state prerogatives regarding what constitutes a valid marriage. From a Constitutional standpoint, this author hopes to soon see the onerous provisions of DOMA either repealed through legislation or struck down by the courts.

For more information please see: US Visa Thailand


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