Integrity Legal

It recently came to this blogger’s attention that the National People’s Congress in China has apparently ratified a protocol regarding that nation’s Treaty of Amity with the Association of Southeast Asian Nations (ASEAN). In order to provide further insight it is necessary to quote directly from the official website of Xinhua, XinhuaNet.com:

BEIJING, Aug. 26 (Xinhua) — The Standing Committee of the National People’s Congress (NPC), or China’s top legislature, on Friday ratified the Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia. According to Vice Foreign Minister Cui Tiankai, ratifying the protocol will help exhibit China’s political support for the Association of Southeast Asian Nations (ASEAN) and boost ties between China and the European Union. Cui was entrusted earlier by the State Council to brief the NPC Standing Committee on the basic information of the protocol. The Treaty of Amity and Cooperation in Southeast Asia was signed in February 1976. It was one of the basic political documents of the ASEAN…

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

It should be noted that the United States of America and the Kingdom of Thailand maintain the US-Thai Treaty of Amity which could be described as similar to the aforementioned Sino-ASEAN agreement mentioned above. There has been recent speculation regarding the future of both the Chinese and ASEAN jurisdictions’ economies with many noting the possibility of a very bright economic outlook for both locations as well as Greater Asia as a whole. Meanwhile, there has been speculation that ASEAN could see a unified ASEAN visa scheme, but such developments have yet to come to fruition.

In news related to the struggle for LGBT equality it recently came to this blogger’s attention that some of the Citizens of the sovereign State of Maryland have recently petitioned one of their Senators regarding the so-called “Defense of Marriage Act” (DOMA). In order to provide further insight it is necessary to quote directly from the website of On Top Magazine, OnTopMag.com:

More than 3,000 people have signed on to a petition urging Maryland Senator Barbara Mikulski to co-sponsor a bill that would seek to repeal the Defense of Marriage Act (DOMA), which forbids federal agencies from recognizing the legal marriages of gay and lesbian couples. Freedom to Marry will present Mikulski with the petition on Friday at 3PM, the group said in an email to On Top Magazine. “Recent census data show nearly 17,000 same sex couple living across the state of Maryland,” Freedom to Marry President Evan Wolfson said in a statement. “These loving, committed couples and their families are harmed every day by the denial of marriage, and by federal discrimination against the marriages they are able to celebrate across the border in the District of Columbia and six other states.” “We hope that Senator Mikulski will heed the call of her constituents and join us in ending marriage discrimination at the federal level and in Maryland,” he added…

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

Frequent readers of this blog may recall that the provisions of DOMA currently preclude visa benefits such as the CR-1 visa, the IR-1 visa, and the K-1 visa to those in a same sex marriage even if said marriage has been legalized and/or solemnized by one of the sovereign American States which recognize such unions. Federal Legislators such as Representative Jerrold Nadler have sponsored legislation such as the Respect for Marriage Act and the Uniting American Families Act in an effort to end this discrimination, but as of yet it remains to be seen if said legislation will see passage.

For those interested in information pertaining to Southeast Asia please see: Legal.

Tags: ASEAN, ASsociation of Southeast ASian Nations, Chinese National People's Congress, Chinese Vice Foreign Minister Cui Tiankai, CR-1 Visa, CR1 Visa, Defense of Marriage Act, District of Columbia, DOMA, European Union, Freedom to Marry President Evan Wolfson, gay and lesbian couples, gay couples, IR1 Visa, K-1 Visa, K1 Visa, lesbian couples, Maryland Senator Barbara Mikulski, NPC, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, Standing Committee of the National People's Congress, State of Maryland, Third Protocol Amending the Treaty of Amity, Treaty of Amity and Cooperation in Southeast Asia, Uniting American Families Act, US-Thai Treaty of Amity
Posted in Amity Treaty, ASEAN Business, ASEAN Visa, China Business, same sex visa | No Comments »

Frequent followers of American political developments may have noted the results of the recent Iowa straw poll, a non-binding poll taken to gauge the sentiments of the sovereign State of Iowa‘s electorate. The substance of this posting is not an analysis of that poll, but an analysis of the response of the so-called “mainstream media” in the aftermath of the poll. In order to provide further elucidation it is necessary to quote directly from an Associated Press article featured on Yahoo News at Yahoo.com:

DES MOINES, Iowa (AP) — Ron Paul, once seen as a fringe candidate and a nuisance to the establishment, is shaping the 2012 Republican primary by giving voice to the party’s libertarian wing and reflecting frustration with the United States’ international entanglements. The Texas congressman placed second in a key early test vote Saturday in Ames, coming within 152 votes of winning the first significant balloting of the Republican nominating contest. Rep. Michele Bachmann of Minnesota won the nonbinding Iowa straw poll, but Paul’s organizational strength and a retooled focus on social issues set him up to be a serious player in the campaign. “I believe in a very limited role for government. But the prime reason that government exists in a free society is to protect liberty, but also to protect life. And I mean all life,” he told a raucous crowd on Saturday… Later Saturday, Paul won 4,671 votes, or roughly 28 percent of the votes from party activists who flocked to a college campus for the daylong political carnival Paul’s narrow second-place finish pushed former Minnesota Gov. Tim Pawlenty down to third, leading Pawlenty on Sunday to abandon his effort to challenge President Barack Obama next November… [sic]

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

Of interest to this blogger is the fact that only recently the campaign of Ron Paul was viewed as “outside the mainstream” by some commentators, but that view appears to be fading away. Meanwhile, Representative Ron Paul is not the only candidate to have apparently gained ground in the aftermath of the Ames Straw Poll as Representative Michele Bachmann, the winner of the poll, has seen something of a “boost in momentum” as of late. Although the campaign is far from over and an ultimate Republican nominee remains to be seen, the 2012 campaign is shaping up to be quite interesting and arguably unique from an historical perspective. This stated, there is little doubt that President Barack Obama will be a formidable adversary in the upcoming general election (as evidenced by his strong campaign in 2008). Therefore, those, like this blogger, who follow politics the way others may follow sports or favorite TV programs may find the 2012 campaign to be exciting indeed.

In the world of American politics it has often been said that “Politics Makes Strange Bedfellows”. This maxim is quite correct, but perhaps a variation on this theme is appropriate under the circumstances: “Budget Deficits Elicit Strange Solutions”. It recently came to this blogger’s attention that many American States and the District of Columbia are contemplating implementation of various forms of online gaming. To provide further details on these developments this blogger is compelled to quote directly from a recent article posted on the CNBC website, CNBC.com:

The District of Columbia is not thrilled that its residents are traveling to Maryland, Pennsylvania and West Virginia to gamble in casinos. Starved for cash, like states across the country, the district wants some of the millions in revenue that gambling generates each year.So district officials want residents to gamble closer to home — inside their homes, actually. Or in cafes, restaurants and bars. By year’s end the district hopes to introduce an Internet gambling hub that would allow Washington residents to play blackjack, poker and other casino-style games…It’s an idea gaining currency around the country: virtual gambling as part of the antidote to local budget woes. The District of Columbia is the first to legalize it, while Iowa is studying it, and bills are pending in places like California and Massachusetts. But the states may run into trouble with the Justice Department, which has been cracking down on all forms of Internet gambling…The states say they will put safeguards in place to deal with the potential social ills. And they say they need the money from online play, which will supplement the taxes they already receive from gambling at horse tracks, poker houses and brick-and-mortar casinos…

The administration of this web log asks readers to click upon the hyperlinks noted above to read this interesting article in its entirety.

Frequent readers of this web log may recall that the current federal restrictions imposed upon certain facets of online gaming are the result of the rather dubious legislative machinations surrounding the passage of the SAFE Port Act (sometimes referred to as the Unlawful Internet Gambling Enforcement Act of 2006 or UIGEA). As a result of this legislation, some online gaming operators have been subjected to fines and/or sanctions (including the threat of incarceration) for allegedly illegal activity. Therefore, the possibility that States and federal jurisdictions may be contemplating online gaming as a possible source of revenue may come as a relief to some within this interesting and often misunderstood industry. In any event, hopefully arrangements can be made to provide a reasonably beneficial framework from both an operational and revenue generation perspective.

It should be noted that under most circumstances gambling is illegal in the Kingdom of Thailand.

For related information please see: Online Gaming Lawyers.

Tags: 2012 Republican primary, American politics, Ames Straw Poll, blackjack, California, casino, District of Columbia, gamble, horse tracks, Internet Gambling, Internet gambling hub, Internet Gaming, Justice Department, libertarian, Maryland, Massachusetts, Minnesota Governor Tim Pawlenty, Online Gambling, Online Gaming, Online Gaming Lawyers, online gaming operators, Pennsylvania, poker, poker houses, Politics Makes Strange Bedfellows, President Barack Obama, Representative Michele Bachmann, Representative Ron Paul, Republican nominee, SAFE Port Act, State of Iowa, taxes, UIGEA, Unlawful Internet Gambling Enforcement Act, West Virginia
Posted in Election 2012, Online Gaming, Opinion | 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 Republican position regarding same sex marriage in the District of Columbia (Washington D.C.) is being analyzed by both media and political observers. To quote directly from a recent article written by Ben Pershing and posted on the website of the Washington Post, WashingtonPost.com:

[D]espite past efforts, Republicans have not mounted an assault this year on the District’s same-sex marriage law: No bill has been introduced to overturn it, nor has any lawmaker publicly sought support from colleagues for such a measure.

Those unfamiliar with the United States Constitution are wise to take note of the fact that the United States Congress is responsible for administering the American capitol city. The scope of such jurisdiction extends to matters which in the context of a sovereign State could be viewed as intrastate issues. However, as the District of Columbia is substantially different in nature from sovereign States the same legal rules and analysis that applies to States may not apply to the District. To quote further from the aforementioned article:

House Oversight and Government Reform Chairman Darrell Issa (R-Calif.) said he knew of no campaign to repeal the law. “My committee has no intention at this time of overturning gay marriage,” Issa said this month, although he later clarified that he was speaking for himself as chairman and not for individual lawmakers. Rep. Trey Gowdy (R-S.C.), now chairman of the D.C. oversight subcommittee, responded similarly Tuesday. He said that he would support a bill to overturn the same-sex marriage law if one were introduced but that he had no interest in spearheading such an effort. “I was not elected to be D.C. mayor, and I don’t aspire to be,” Gowdy said, echoing a previous comment by him on local issues. The fact that no Republican has introduced a bill this year could be a sign that the majority plans to use a different tactic…

The administration of this weblog strongly encourages readers to click upon the relevant hyperlinks above to view this article in its entirety.

The observations noted above go to the heart of any analysis of the current struggle for the LGBT community to gain at least some modicum of equal protection pursuant to United States law. In a previous posting on this blog it was noted that in order for the LGBT community to hope to see passage of legislation such as the Uniting American Families Act (UAFA), the Respect for Marriage Act, or the Reuniting Families Act broad based bipartisan support may prove crucial. That stated, it would appear that where once there was stiff resistance toward a compassionate or tolerant policy towards the LGBT community, now there are signs of something of a “thaw” on the right especially as States’ Rights issues have been raised regarding the Constitutionality of the current application of the so-called “Defense of Marriage Act” (DOMA).

Currently, sovereign American States such as the Commonwealth of Massachusetts have heeded the call of their Citizenry and taken measures to legalize, solemnize, and/or recognize same sex marriages or marital unions. Notwithstanding this fact, the United States federal government still will not accord federal benefits (including immigration benefits) even to those legally married in a sovereign American jurisdiction.

It is this blogger’s opinion that the issue of same sex marriage in the United States may ultimately be resolved by activity emanating from US Courts, especially if a case on point is heard by the United States Supreme Court. This blogger forms this opinion after contemplating the issues associated with Full Faith and Credit and the Full Faith and Credit Clause of the United States Constitution. Bearing this in mind, the reader is urged to remember that these issues have yet to see full resolution.

Meanwhile, it would appear that activists in the international LGBT community are taking steps to secure further equality in other parts of the world as The Nation newspaper’s print edition in Thailand reports that LGBT activists are seeking political support for the cause of same-sex marriage in the lead up to Thai elections. To quote directly from the Nation’s official website, NationMultimedia.com:

Rights activists for the so-called “third sex” – gays, lesbians and transsexuals – have urged political parties to allow a same-sex marriage law. Natee Teerarojjanapongs, president of the Sexual Diversity Group and the Gay Political Group of Thailand, and transsexual singer known as Jim Sarah (Sujinrat Prachathai) said yesterday they would visit the Democrat and Pheu Thai parties today to submit a letter asking them to issue such a law for the “third gender” if they lead the next government…Their groups will seek commitments from the parties and say they will reward promises of action by campaigning for votes among their supporters…

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

Readers should be aware of the fact that the Kingdom of Thailand is one of the most tolerant jurisdictions on the face of the Earth when it comes to matters pertaining to LGBT issues. As a tourist and recreational destination, Thailand ranks among the top tier of destinations frequented by the LGBT individuals and couples as Thailand boasts a vibrant LGBT community. That stated, under Thai law in its current form same sex marriage is not recognized. Therefore, it is not possible for a same sex couple to register a Thai marriage at, say, an Amphur Office (Civil Registrar Office), in the same manner as a different-sex couple. As noted above, Thai advocates may be taking measures in the near term to change this state of affairs. How this issue will play out in the run up to a Thai election remains to be seen, but it may prove interesting.

In analyzing United States immigration in a Thai context the reader should note that if Thailand began allowing registration of same sex marriage and the United States passed legislation such as the aforementioned UAFA it is conceivable in the future that a same sex bi-national Thai-American couple could register their marriage in Thailand and thereby use that marriage as a basis for seeking American immigration benefits such as a K3 visa, CR1 visa, or an IR1 visa. That stated, such a scenario would require a departure from current law and policy.

For related information please see: US Visa Thailand or K1 Visa Thailand.

Tags: American Constitution, Bisexual, Commonwealth of Massachusetts, D.C., D.C. oversight subcommittee, Defense of Marriage Act, Democrat Party, District of Columbia, DOMA, Gay, Gay Political Group of Thailand, House Oversight and Government Reform Chairman Darrell Issa, Jim Sarah, Lesbian, LGBT community, lgbt immigration, lgbt visa, Natee Teerarojjanapongs, Pheu Thai Party, Representative Trey Gowdy, Republican Party, Respect for Marriage Act, Reuniting Families Act, Same Sex Marriage, Sexual Diversity Group, Sujinrat Prachathai, third gender, third sex, Transgender, transsexual, uafa, United States Constitution, Uniting American Families Act, Washington D.C.
Posted in same sex visa | No Comments »