Integrity Legal

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.

Tags: American Civil Liberties Union, Amicus Curie brief, Attorney General Eric Schneiderman, certainty, civil rights, Constitutional ‘Full Faith and Credit’, Defense of Marriage Act, DOMA, equal protection, Full Faith and Credit, Full Faith and Credit Clause, marriage was not recognized, Preemption, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, State of New York, States' Rights, U.S. District Court for the Southern District of New York, uafa, Uniting American Families Act, US Courts, Windsor v. United States
Posted in Legal Opinion, same sex visa | No Comments »

It recently came to this blogger’s attention that there is some speculation regarding the possibility that some sort of repeal of the so-called “Defense of Marriage Act” (DOMA) may not necessarily be forthcoming. To provide further insight it is necessary to quote directly from the official website of the Lez Get Real website, LezGetReal.com:

None of us have seriously expected that the House of Representatives would take up the Respect for Marriage Act. After all, the Republicans have to try and hold onto what is left of their base, and at this point, they are just scared that the rest of the country is going to turn their back on them…It is not surprising. Boehner is wasting valuable money in order to defend the Defense of Marriage Act in court after parts of it were declared unconstitutional and President Barack Obama abandoned the defense of it on that basis…

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

The question that this blogger would pose regarding Republican support (or lack thereof) for at least a change to DOMA is this: since when did Republicans casually overlook glaring issues such as that of States’ Rights? Pursuant to the Full Faith and Credit Clause of the Constitution of the United States of America public acts, records, and judicial proceedings of every State shall receive Full Faith and Credit from that State’s sister States. Although the federal government is permitted to regulate as to the “effect” of such acts, proceedings, and records; it would appear to this blogger that said government is not permitted to abrogate State acts, proceedings, and records via mere “non-recognition”. That stated, a final resolution on these issues has yet to be seen.

On a related topic, it would appear that the sovereign State of New York has heeded the call of her citizenry and thereby placed them one step closer to the ultimate goal of full LGBT Equality. In order to provide sufficient insight it is necessary to quote directly from the official website of the New York Post, NYPost.com:

The Big Apple said “I do” to a new era of gay rights this morning and celebrated New York City’s first same-sex weddings. Chelsea residents Phyllis Siegel, 77, and Connie Kopelov, 85, got hitched at the marriage bureau on Worth Street in Lower Manhattan at 9:02 a.m., setting off wedding bells across Gotham. City Council Speaker Christine Quinn, who is openly gay, witnessed the ceremony that was officiated by City Clerk Michael McSweeney. ‘‘It was just so amazing,’’ said Siegel, who has been with her love for 23 years. ‘‘It’s the only way I can describe it. I lost my breath and a few tears.’’ She added: ‘‘This is the first day of the rest of our lives…’’

The administration of this web log asks readers to click upon the hyperlinks noted above to learn more from this well written article.

The State of New York joins other American States such as the Commonwealth of Massachusetts in providing marriage benefits to same sex couples. Frequent readers of this blog may note that this news is perhaps cold comfort to the many same sex bi-national couples who are currently separated due to enforcement of the provisions of DOMA. Pursuant to the language of DOMA, even those who have entered into a same sex marriage in one of those jurisdictions in which said unions are legalized and/or solemnized are not permitted to obtain visas such as the K-1 visa, CR-1 visa, or IR-1 visa in the same way as different-sex couples. That stated, proposed legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) or the Respect for Marriage Act (RFMA) should resolve these issues, but passage of said legislation remains to be seen.

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

Tags: City Council Speaker Christine Quinn, Commonwealth of Massachusetts, CR-1 Visa, Defense of Marriage Act, DOMA, House of Representatives, IR-1 Visa, K-1 Visa, New York City's first same-sex weddings, President Barack Obama, Representative Jerrold Nadler, Republicans, Respect for Marriage Act, Same Sex Bi-National Couples, same sex couples, Same Sex Marriage, same-sex weddings, State of New York, Uniting American Families Act
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the United States Secretary of State has recently been noted for her positive comments regarding a draft agreement between China and certain Southeast Asian Nations pertaining to the South China Sea. In order to provide further information it is necessary to quote directly from the official website of the Associated Press, AP.org:

BALI, Indonesia (AP) — U.S. Secretary of State Hillary Rodham Clinton’s is praising a preliminary agreement between China and Southeast Asian Nations to peacefully resolve competing territorial claims in the strategic South China Sea. At a meeting with China’s foreign minister on the sidelines of a Southeast Asian regional security forum in Bali, Indonesia on Friday, Clinton commended the two sides for reaching the deal, which aims to prevent conflict over several disputed islands and potential oil and gas resources. The U.S. has said peaceful resolution to the claims is an American national security interest…

This blogger asks readers to click upon the relevant hyperlinks noted above to learn more.

Readers may recall that recent discussions within the Association of Southeast Asian Nations (ASEAN) have revolved around issues pertaining to disputes in the South China Sea. It would appear as though American officials have taken note of recent positive developments. It should be noted that there have also been discussions centering upon the idea of an ASEAN Visa Area similar to the Schengen Visa Program. That stated, there has yet to be any type of finalized agreement related to that issue.

Meanwhile, it would appear as though multiple mainstream and alternative media outlets have been discussing issues related to the struggle for LGBT Equality to best bring home this point it it necessary to quote directly from the website of The Atlantic, TheAtlantic.com:

The portentously named “Respect for Marriage Act” is a short, sweet bill that would repeal the equally portentously named “Defense of Marriage Act,” or DOMA, passed in 1996 by an overwhelming bipartisan majority and signed into law by then-President Bill Clinton. Sponsored and championed at the time by a Georgia Republican congressman named Bob Barr, DOMA wrote into federal law two key concepts: first, for federal purposes, the word “marriage” would mean only a legal union between one man and one woman; and second, no state had to recognize a marriage between two people of the same sex that had been performed in any other state or jurisdiction. The “Respect for Marriage Act”, or the DOMA repeal bill, would let the feds return to their traditional practice of recognizing any state’s valid marriages — which would include same-sex marriages made in the six states (and district of Columbia) that currently perform them.

The administration of this blog asks readers to click upon the relevant hyperlinks noted above to read this interesting article in detail.

This was, in this blogger’s opinion, a very insightful article, but this blogger’s question would be: since when do the “feds” get to deviate from their so-called “traditional practice” of recognizing validly legalized and/or solemnized marriages occurring in purely intra-State jurisdiction? For this is the fundamental question pertaining to the issue of Section 3 of the so-called “Defense of Marriage Act” (DOMA). The Commonwealth of Massachusetts‘s right to marry individual’s within said jurisdiction would appear to be virtually “allodial” compared to the (somewhat spurious) claim that said marriages can effectively be abrogated via federal “non-recognition”.

Tags: American national security interest, Bali, Indonesia, oil and gas resources, peaceful resolution, South China Sea, U.S. Secretary of State Hillary Rodham Clinton
Posted in ASEAN Business, ASEAN Visa, same sex visa | No Comments »

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.

Tags: Citizenship, CR-1 Visa, Defense of Marriage Act, DOMA, DOMA repeal, Full Faith and Credit, Full Faith and Credit Clause, Green Card, Immigration for Bi-​National Couples, IR-1 Visa, K-1 Visa, LGBT couples, President Barack Obama, Representative Jerrold Nadler, Respect for Marriage Act, RFMA, Same Sex Marriage, same sex partners, same-​sex couples, Senate Judiciary Committee, Senator Al Franken, Senator Patrick Leahy, States' Rights, U.S. armed forces, uafa, Uniting American Families Act
Posted in same sex visa | No Comments »

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.

Tags: certainty, civil rights, Courage Campaign, CR-1 Visa, Defense of Marriage Act, divorce same-sex families, DOMA, equal protection, Fidelity, Fidelity II, Full Faith and Credit, Full Faith and Credit Clause, heterosexual married couples, IR-1 Visa, K-1 Visa, legal definition of marriage, legislative process, LGBT Equality, President Obama, Prop 8, Respect for Marriage Act, saem sex visa, same sex civil union, same sex couples, Same Sex Marriage, Same Sex Partner, same-sex families, section 3 of DOMA, States' Rights, union between a man and a woman, United States Senate's Judiciary Committee, White House press secretary
Posted in same sex visa | No Comments »

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.

Tags: 5th ASEAN Naval Chiefs' Meeting, American Immigration, ANCM-5, any federal purpose, ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, benefits, CR-1 Visa, defense cooperation event, Defense of Marriage Act, gender reassignment surgery, Gill V OPM, IR-1 Visa, IRS, Lao defense attache, legally married in Massachusetts, LGBT community, LGBT Equality, privileges, rational basis, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, rights, Section 3 of the Defense of Marriage Act, Senate Judiciary Committee hearing, South China Sea, spouse means a person of the opposite gender, uafa, United States Code, United States Immigration, Uniting American Families Act, US Immigration, Vietnam News Agency
Posted in ASEAN Business, same sex visa | No Comments »

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.

Tags: American Armed Forces, American Armed Services, Defense of Marriage Act, DOMA, DOMA repeal, Don't Ask Don't Tell, Full Faith and Credit Clause, gay and lesbian military personnel, Gay Pride, gay pride parade, openly gay, Representative Jerrold Nadler, Respect for Marriage Act, same sex couple, same sex couples, Same Sex Marriage, Senate Judiciary Committee, Senator Chris Coons, U.S. 9th Circuit Court of Appeals, U.S. service members, uafa, United States Bankruptcy Courts, United States House of Representatives, United States Senate, Uniting American Families Act
Posted in same sex visa | 1 Comment »

It recently came to this blogger’s attention that United States President Barack Obama is apparently set to attend an upcoming ASEAN summit in Bali, Indonesia. In order to provide further information regarding such developments it is necessary to quote directly from the Jakarta Updates website, JakartaUpdates.com:

United States President Barack Obama is scheduled to attend the ASEAN Summit in Bali in September 2011. Obama’s arrival is hoped to bring a positive image for Bali and Indonesia in general in particular after the 2002 Bali bombing. “The arrival of President Obama is hoped to foster the trust of the international community regarding the security aspects of Indonesia and especially Bali’s readiness to hold a world-class event,” said a member of Commission IV DPRD Bali, Tjokorda Raka Kerthyasa, in Denpasar, on Tuesday (12/07/2011). According to Kerthyasa, this visit will have a very positive impact not only great for tourism in Bali, but also for Indonesia. That will mean Indonesian security has been acknowledged and Bali is considered a very special place…

The administration of this web log encourages readers to click upon the hyperlinks noted above to read this article in detail.

This news comes upon the heels of a recent trip by the Chairman of the United States Joint Chiefs of Staff to China. Clearly, both of these developments illustrate the increasing importance of the ASEAN (Association of Southeast Asian Nations) jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) and China. These events are also a testament to the increasing global economic dominance of Asia in general. Hopefully the discussions held at this upcoming summit will result in tangible benefits for the American people and the people of those nations which are members of ASEAN.

In news pertaining to the struggle for LGBT (Lesbian, Gay, Bisexual, and Transgender) Equality it recently came to this blogger’s attention that a highly respected advocacy organization for the cause of LGBT Equality recently submitted a brief to a New York Court in support of the rights of a same sex bi-national couple. To provide further insight it is necessary to quote directly from a press release posted upon the official website of Lambda Legal, LambdaLegal.org:

(New York, July 12, 2011) – Yesterday, Lambda Legal filed an amicus brief in a case involving Cristina Ojeda and Monica Alcota, a married binational lesbian couple from Queens, New York. The friend-of-the-court brief argues that immigration officials are incorrectly relying on an inapplicable case for authority to continue deportation proceedings while the constitutionality of the Defense of Marriage Act (DOMA) is being challenged…In the brief filed yesterday, Lambda Legal argues that USCIS cannot insulate itself from legal and political developments surrounding both DOMA and a 1982 case, Adams v. Howerton. Adams has been superseded by intervening legal and legislative developments including the emergence of jurisdictions where marriage or civil unions of same-sex couples are recognized, and ongoing federal court cases challenging the constitutionality of DOMA. Finally, since the law surrounding DOMA is developing, the brief urges immigration officials to administratively close or postpone all pending immigration matters involving married same-sex couples until DOMA is repealed or declared unconstitutional. Absent DOMA, there is no legal impediment to extending immigration protections to Ms. Alcota and spouses in similarly-situated same-sex couples…

The administration of this web log adamantly encourages those interested to click upon the relevant hyperlinks noted above to read about these developments. As a practical matter, “administrative closure” has been used in the past with respect to the K-3 visa (a United States travel document somewhat akin to the K-1 visa although designed for the foreign spouse of an American Citizen) where the underlying I-130 (the petition form for a CR-1 visa or an IR-1 visa) sees adjudication and arrival at the National Visa Center prior to, or contemporaneously with, the I-129f petition package. Therefore, usage of administrative closing in an immigration context is not altogether unheard of. That said, whether such a mechanism will ultimately be utilized under these circumstances remains to be seen.

As noted previously on this blog, the United States Citizenship and Immigration Service (USCIS) did attempt to place a hold upon deportations involving same sex bi-national couples. However, that hold was apparently rescinded by the Department of Homeland Security (DHS) citing the so-called “Defense of Marriage Act” (DOMA) as a valid reason for such action. Thereafter, it was noted that the Attorney General of the United States, Eric Holder, vacated a finding for deportation in a case before the Board of Immigration Appeals (BIA) involving a couple who had entered into a same sex civil union in the sovereign State of  New Jersey. It was recently noted that United States Bankruptcy Courts appear poised to begin adjudicating bankruptcy petitions from same sex couples. All of these developments have occurred contemporaneously with news that the Judiciary Committee of the United States Senate is preparing to hold hearings regarding the possible repeal of DOMA and the ramifications of adopting legislation such as the Respect for Marriage Act. The Respect for Marriage Act would hopefully provide federal recognition of a same sex marriage legalized and/or solemnized by an American State which permits such unions.

Strictly within the context of American immigration it should be noted that Representative Jerrold Nadler has introduced legislation such as the Uniting American Families Act (UAFA) in order to remedy the current legal discrimination imposed upon the LGBT community. Furthermore, it would appear that Representative Mike Honda‘s Reuniting Families Act includes UAFA-like language which would attempt to correct the current inequities borne by same-sex bi-national couples.

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

Tags: Adams v. Howerton, Administrative Closure, administratively close, amicus brief, ASEAN summit, Bali, Brunei Darussalam, Cambodia, Chairman of the United States Joint Chiefs of Staff, China, civil unions of same-sex couples, Commission IV DPRD Bali, constitutionality of DOMA, constitutionality of the Defense of Marriage Act, Cristina Ojeda, deportation proceedings, friend-of-the-court brief, Indonesia, Laos, Malaysia, marriage of same-sex couples, married binational lesbian couple, married same-sex couples, Monica Alcota, Myanmar, Philippines, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, Same Sex Marriage, Singapore, Thailand, Tjokorda Raka Kerthyasa, United States President Barack Obama, Vietnam
Posted in ASEAN Business, Indonesia Business, same sex visa | No Comments »

It recently came to this blogger’s attention that the Judiciary Committee of the United States Senate is poised to hold a hearing to discuss the repeal of the so-called “Defense of Marriage Act” (DOMA) and a possible replacement piece of legislation referred to as the Respect for Marriage Act. To provide further information on these developments it is necessary to quote directly from the Washington Blade website, WashingtonBlade.com:

The Senate Judiciary Committee has announced that an anticipated hearing on legislative repeal of the Defense of Marriage Act has been set for July 20. According to a notice, the hearing on DOMA repeal legislation, also known as the Respect for Marriage Act, will take place July 20 at 10 a.m. in Room 226 the Dirksen Senate Office Building. Witnesses who will testify will be announced in the coming days. Sen. Patrick Leahy (D-Vt.), the chair of the Senate Judiciary Committee, is co-sponsor of the legislation that would repeal DOMA, which prohibits the federal government from recognizing same-sex marriages. In the Senate, the legislation is sponsored by Sen. Dianne Feinstein (D-Calif.)…

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

In the context of American immigration the provisions of the so-called “Defense of Marriage Act” (DOMA) result in a situation where the LGBT community is subject to legal discrimination. For instance, same sex bi-national couples cannot receive the same visa benefits as their different-sex counterparts. Therefore, visas such as the K-1 visa, the CR-1 visa, and the IR-1 visa are not available to those who have a same sex partner or for those couples who have entered into a same sex marriage. This discrimination occurs even where the same sex couple in question has been married in one of the sovereign American States or the District of Columbia where same sex marriages are legalized and/or solemnized. Currently, pending legislation such as the aforementioned Respect for Marriage Act (introduced in the United States House of Representative by Representative Jerrold Nadler, who also introduced the Uniting American Families Act designed to deal specifically with the immigration implications of DOMA) and the Reuniting Families Act (introduced by Representative Mike Honda) would address certain aspects of DOMA. In fact, the Respect for Marriage Act is designed to provide a doctrine of “certainty” whereby those couples married in one of the sovereign American States which recognize such unions can rely upon federal recognition of such unions regardless of their physical location.

In news pertaining to business in China and the United States of America it recently came to this blogger’s attention that China may be poised to import as much as 2 million metric tons of American corn. In order to provide more specifics it is necessary to quote directly from an article written by Tom Polansek and posted to the website of the The Wall Street Journal, WSJ.com:

The U.S. Department of Agriculture raised its estimates for corn exports to China fourfold, another nod to the country’s rising demand in a market under strain. In addition, the amount of the grain used to make ethanol is expected to eclipse its use in animal feed in the U.S. for the first time ever. China is now forecast to import 2 million metric tons of U.S. corn in the next marketing year, which begins on Sept. 1, compared to the previous projection of 500,000 tons…Traders also point to China as the likely buyer behind hundreds of thousands of tons that the USDA lists as going to “unknown destinations.” “The increase in Chinese imports is likely lagging what is really going to happen,” said Joel Karlin, analyst for Western Milling, a producer of animal feed in California. The USDA left its estimates for export to China in the current crop year, which ends Aug. 31, unchanged at 1.5 million metric tons…

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

The United States Department of Agriculture (USDA) is responsible for the regulation of American agricultural matters. This agency routinely publishes information related to the state of the American agricultural sector. It would appear that the rising demand from China for American agricultural products is not set to diminish anytime in the immediate future. The Chinese-American trade relationship is often noted for the fact that China exports a large amount of manufactured goods to America, but it seems as though less attention is paid to the amount of agricultural products which America provides to China. One issue on this blogger’s mind is the impact that the Association of Southeast Asian Nations (ASEAN) might have upon the demand for American agricultural products. As this regional grouping becomes increasingly geopolitically and economically potent it stands to reason that demand for agricultural products from the ASEAN jurisdictions (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam) may be on the rise. Hopefully any and all of these developments prove to be a boon to America’s farmers and agricultural community.

For information pertaining to same sex marriage recognition please see: Full Faith and Credit Clause.

For information related to American company registration please see: US Company Registration.

Tags: American States, ASEAN, ASsociation of Southeast ASian Nations, Brunei Darussalam, Cambodia, certainty, China, Chinese-American trade, corn exports, corn imports, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Dirksen Senate Office Building, District of Columbia, DOMA, ethanol, Full Faith and Credit Clause, Indonesia, IR-1 Visa, IR1 Visa, Joel Karlin, K-1 Visa, K1 Visa, Laos, legal discrimination, Malaysia, Myanmar, Philippines, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, same sex marriages, Same Sex Partner, Senate Judiciary Committee, Senator Dianne Feinstein, Senator Patrick Leahy, Singapore, Sino-American trade, Thailand, U.S. Department of Agriculture, United States Department of Agriculture, United States of America, US Company Registration, USDA, Vietnam, Western Milling
Posted in American Business, ASEAN Business, China Business, same sex visa | No Comments »

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.

Tags: 10-cv-8435, American Passport, biographical questionnaire, Canada, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, Edith Schlain Windsor, equal protection, equal protection of the laws, Fifth Amendment, Full Faith and Credit, Full Faith and Credit Clause, heterosexual union, Homeland Security, homosexual union, Magistrate Judge James C. Francis IV, Mexico, passport application, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, Senate Judiciary Committee, Southern District of New York, State Department, state determinations of marital status, State of New York, summary judgment, Thea Clara Spyer, U.S. Constitution, uafa, Uniting American Families Act, us passport, Windsor v. United States
Posted in same sex visa, US Citizenship, US State Department | No Comments »