Integrity Legal

In a historic decision the United States Supreme Court has legalized same sex marriage across the United States of America. The decision coming approximately 2 years after the important decision which provided Federal recognition to same sex marriages performed in States where  such unions were legal; the Supreme Court has ruled that same sex couples have a right to marry in any State throughout the country. As noted in a recent article in the Washington Post, Justice Kennedy pointed out the blatant inequality of the legal situation prior to this ruling:

“The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest,” he wrote. “With that knowledge must come the recognition that laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter.”

This ruling is certainly a major victory for the LGBT community. For those who live overseas or who have a same sex partner abroad the ruling smooths out some of the rough edges of the United States Immigration process for same sex couples. In the past, a same sex couple could obtain a K1 Visa (for a fiance) in much the same way that a different sex couple could. However, if the couple intended to reside in a State that did not recognize same sex unions, then the couple might then be required to travel to a State which recognized such unions. With this recent ruling, that issue is effectively resolved. As has been previously noted on this blog, the US visa process for same sex couples has become essentially the same as the process for different sex couples. A Thai-American same sex couple may now opt to seek a fiance visa based upon an intention to marry in any US jurisdicition, or if already legally married the couple may choose to seek either and IR-1 or CR-1 immigrant visa based upon legal marriage to an American citizen.

Tags: gay marriage, K1 Visa, K1 Visa Thailand, LGBT marriage, Same Sex Marriage, same sex visa, US Visa Thailand, USA Visa Thailand
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the Secretary of the Department of Homeland Security (DHS) has issued a statement regarding the implementation of policies regarding adjudication of immigration petitions for same-sex bi-national married couples. To quote directly from the official website of DHS:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly.  To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

This statement is a significant moment in the long fight for equal immigration rights for same-sex couples. In order to provide further information regarding these developments the DHS has posted some frequently asked questions on the same page as the aforementioned quotation. These FAQ’s are quoted below:

Q1:  I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national.  Can I now sponsor my spouse for a family-based immigrant visa?

A1: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be automatically denied as a result of the same-sex nature of your marriage.

Clearly, the United States Citizen or Lawful Permanent Resident same sex spouse of a foreign national can now submit an I-130 petition for Lawful Permanent Residence (also known as “Green Card” status) for their husband or wife. In fact, it would appear that a same-sex couple in Florida was recently granted immigration benefits for the same-sex spouse. This would especially be true in a case where the couple not only was married in State recognizing same-sex marriage, but also resides in that same State or another of the 13 States which recognize such unions. An issue which is, as of yet, not so clearly delineated hinges upon a situation in which a same-sex married couple has married in a State which recognizes same-sex marriage (and performs them), but resides in a State which does not recognize such unions. To shed further light upon this issue it is necessary to quote again from the same DHS webpage, quoted above, regarding this issue:

Q2:  My spouse and I were married in a U.S. state that recognizes same-sex marriage, but we live in a state that does not.  Can I file an immigrant visa petition for my spouse?

A2: Yes, you can file the petition.  In evaluating the petition, as a general matter, USCIS looks to the law of the place where the marriage took place when determining whether it is valid for immigration law purposes. That general rule is subject to some limited exceptions under which federal immigration agencies historically have considered the law of the state of residence in addition to the law of the state of celebration of the marriage. Whether those exceptions apply may depend on individual, fact-specific circumstances. If necessary, we may provide further guidance on this question going forward.

For those wishing to visit the official website of the United States Citizenship and Immigration Service (USCIS) to learn more please click HERE.

For those unfamiliar with the recent Supreme Court decision striking down section 3 of the Defense of Marriage Act (DOMA) it should be pointed out that the Supreme Court’s decision did not impact section 2 of DOMA which reads as follows:

No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

Therefore, notwithstanding the fact that there are some who argue that section 2 of DOMA violates the provisions of the Full Faith and Credit Clause of the United States Constitution, no Court ruling nor Act of Congress has repealed section 2 of DOMA and, in the words of the DHS website itself, in those “fact-specific” situations in which Section 2 of DOMA may be relevant the provisions of Section 2 could prove detrimental to a same-sex bi-national couple. That being said, according to the DHS website, a petition could still be filed and it would be adjudicated accordingly.

One final point to ponder on this issue is the K-1 visa. Under current United States Immigration law it is possible for an American Citizen to apply for a Fiance Visa, also known as the K-1 visa, for a foreign fiance residing abroad, so long as the couple intends to marry in the United States within 90 days of the foreign fiance’s arrival (other regulations apply to K-1 visa holders, but for the purposes of this analysis they are not necessarily relevant). If a same-sex couple, who are not yet legally married, wishes to obtain a K-1 visa based upon their intention to wed in the United States, then it could be inferred from the DHS Secretary’s statement that they might be adjudicated in the same manner as the same petition for a different-sex couple. However, this should not be viewed as a foregone conclusion because the statements quoted above only pertain specifically to couples who are already married. Neither the Court, nor the DHS, have specifically dealt with the question of those same-sex couples who wish to seek a K1 visa based upon an intention to marry in the USA. It could be inferred from the Court’s opinion in United States v. Windsor that those same-sex couples with the intention to marry in a jurisdiction where same-sex unions are recognized should be granted the same treatment as those different-sex couples in similar circumstances; but the issue has yet to be clearly adjudicated and therefore no completely clear answer arises.

Meanwhile, one significant question remains: based upon the above information how will USCIS adjudicate K-1 visa applications for same-sex couples who wish to travel to the United States to marry in a State which recognizes same-sex marriage, but reside in a State which does not? Hopefully the answer to this question will come soon. Until then it would appear that although DHS clearly intends to adjudicate same-sex married couples’ petitions for immigration benefits in the same way as different-sex couples; it remains to be seen how same sex fiances will be treated in the eyes of U.S. Immigration law.

For information on immigrant visas please see: CR-1 Visa or  IR-1 Visa.

Tags: CR-1 Visa, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, DOMA Section 2, DOMA Section 3, Fiance Visa, Full Faith and Credit Clause, gay fiance, gay marriage, Green Card, I-130, immigration law, immigration petition, IR-1 Visa, K-1 Visa, K-1 visa application, K1 Visa, Lawful Permanent Residence, LGBT fiance, LGBT marriage, President Obama, same sex fiance, same sex fiancee, Same Sex Immigration, Same Sex Marriage, same sex spouse, same sex visa, same-sex bi-national married couples, same-sex legally married couples, U.S. Citizenship and Immigration Services, USCIS
Posted in same sex visa | No Comments »

After the landmark decision handed down by the United States Supreme Court in which the Court held that section 3 of the Defense of Marriage Act (DOMA) violates the 5th Amendment of the United States Constitution there has been increasing speculation regarding how this will impact those seeking United States Immigration benefits such as US visas and Lawful Permanent Residence (Green Card status). It recently came to this blogger’s attention that the Secretary of the Department of Homeland Security, Janet Napolitano, recently commented on this issue, to quote her comments directly from the DHS official website:

“I applaud today’s Supreme Court decision in United States v. Windsor holding that the Defense of Marriage Act (DOMA) is unconstitutional. This discriminatory law denied thousands of legally married same-sex couples many important federal benefits, including immigration benefits.  I am pleased the Court agreed with the Administration’s position that DOMA’s restrictions violate the Constitution. Working with our federal partners, including the Department of Justice, we will implement today’s decision so that all married couples will be treated equally and fairly in the administration of our immigration laws.”

Clearly it appears that DHS is in the process of implementing new policies which would comport with the Court’s decision. This is likely to have a tremendous impact upon same-sex bi-national couples. Before the Court handed down their decision it was not possible for most gay, lesbian, bi-sexual, or transgender (LGBT) couples to obtain immigration benefits based upon their marital relationship. Now that the Supreme Court has ruled that same sex marriages will receive the same recognition as different-sex mariages in the eyes of federal law the door is now open for LGBT couples to apply for benefits such as a “Green Card” or an immigrant visa (IR-1, CR-1). It may also be possible for same sex bi-national couples who are not yet married to apply for a K-1 fiance visa based upon the couple’s intention to travel to the United States to marry in one of those States (California, Connecticut, Delaware, Iowa, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New York, Rhode Island, Vermont, and Washington) that recognize same-sex marriage. That being stated, it is likely that it may take some time to implement proper policies to reflect the new legal reality, but the time is right for same sex bi-national couples to begin researching their options with regard to United States immigration as it appears likely that one day soon a same sex spouse of an American Citizen will receive an immigrant visa based upon the couple’s marital status.

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

Tags: CR-1 Visa, Defense of Marriage Act, DOMA, gay marriage, gay visa, Green Card, ImmigrantVisa, K-1 Visa, K-1 Visa Thailand, K1 Visa, K1 Visa Thailand, lgbt visa, Same Sex Marriage, same sex visa, US Visa, US Visa Thailand
Posted in same sex visa | No Comments »

It recently came to this blogger’s attention that the Department of Homeland Security (DHS) may be poised to begin placing holds on some deportations. In order to provide further insight it is necessary to quote directly from the website of The Washington Times, WashingtonTimes.com:

The Homeland Security Department said Thursday it will halt deportation proceedings on a case-by-case basis against illegal immigrants who meet certain criteria such as attending school, having family in the military or are primarily responsible for other family members’ care. The move, announced in letters to Congress, won immediate praise from Hispanic activists and Democrats who had chided President Obama for months for the pace of deportations and had argued he had authority to exempt broad swaths of illegal immigrants from deportation…

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

Although this blogger has been reluctant to support blanket amnesty per se, especially for those who have entered the United States illegally; there are often unique and extenuating circumstances which require adjudication in order to equitably administer American immigration law and regulation pursuant to legislative and executive plenary power. It remains to be seen how this policy will be practically implemented.

In news related to the struggle for LGBT Equality, it recently came to this blogger’s attention that the federal delegation from the sovereign State of New York may be more supportive of DOMA repeal since a Congressional Representative from that State was recently noted for comments on this issue. In an effort to provide further insight it is necessary to quote directly from the website Towleroad.com:

After waiting for New York State to legalize gay marriage, Democratic Rep. Bill Owens now says he supports the repeal of the Defense of Marriage Act that prohibits federal recognition of same-sex marriage. “I indicated I would not become a co-sponsor until New York took action,” said Owens, who represents the Empire State’s 23rd Congressional district. “Once they did that, I felt I had an obligation to the citizens in the state to make sure they weren’t adversely impeded by federal law.” Owens continued, “I think that people should have the freedom to make those kinds of decisions…”

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

For those who are unaware of the evolving nature of this issue it should be noted that the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude federal recognition of same sex marriage. This federal non-recognition is enforced even where one of the sovereign American States has legalized and/or solemnized the underlying same sex marriage. There are some who would argue that this activity violates the Full Faith and Credit Clause of the United States Constitution while others could argue that such discrimination violates the Equal Protection Clause. In any case, the result in an immigration context is that same sex bi-national couples (even those who have entered into a same sex marriage in a US State) cannot receive the same visa benefits (such as the CR-1 visa, IR-1 visa, or K-1 visa)  as their different-sex counterparts. Some federal legislators, such as New York delegation member Representative Jerrold Nadler, have attempted to remedy this problem through introduction of bills such as the Uniting American Families Act (UAFA: to address the specific issue of discrimination in an immigration context) and the Respect For Marriage Act (RFMA: a proposal which would accord federal “certainty” to State licensed same sex marriages). However, it remains to be seen whether such legislation will ultimately see passage.

In news related to the aforementioned issues it also came to this blogger’s attention that further “mainstream media” attention is being focused upon the case of the same sex bi-national couple who were married in the Commonwealth of Massachusetts, but face the prospect of separation due to the fact that the American government may remove the foreign spouse since their marriage is not recognized pursuant to the provisions of DOMA. In an effort to provide further detail this blogger is compelled to quote directly from the official website of The Washington Post, WashingtonPost.com:

Mr. Makk’s case illustrates the profound injustices meted out by DOMA, which was passed in 1996. The Obama administration this year denounced the Clinton-era law as unconstitutional because it deprives same-sex couples equal protection of the law. In April, Attorney General Eric H. Holder Jr. put on hold the deportation of a British man who has lived in the United States since 1996 but who never obtained a green card or citizenship. The man, Paul Wilson Dorman, has been in a committed same-sex relationship for 15 years and entered into a civil union with his partner, a U.S. citizen, in 2009. Mr. Holder asked an immigration court to determine whether Mr. Dorman should be considered a “spouse” under New Jersey law and thus entitled to stay in the country. Mr. Makk’s deportation should also be put on hold, as should those involving anyone in legally recognized same-sex relationships whose only infraction involves immigration status…

The administration encourages readers to click upon the hyperlinks noted above to read this article in detail as this situation is poignant indeed.

Although this blogger can at times get caught up in the rather academic details of the debate on federal recognition of same sex marriage readers should be aware that this issue has a truly human context since couples like the one noted above could have their personal lives substantially disrupted as a result of federal policy with respect to same sex couples. There is some speculation that this matter may ultimately see resolution in the US Courts, but until such time as a final decision is made on the matter same sex couples and the Greater LGBT community in America are left to hope that their federal legislature will pass legislation akin to the RFMA or the UAFA. Perhaps in the meantime officers in the American immigration system can utilize their statutory authority and plenary powers to provide equitable relief to those who find themselves facing the prospect of being separated from their loved ones due to questionably Constitutional law.

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

Tags: American Constitution, Attorney General Eric H. Holder Jr., certainty, Citizenship, Commonwealth of Massachusetts, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Department of Homeland Security, DHS, DOMA, DOMA repeal, equal protection, equal protection clause, Full Faith and Credit Clause, gay marriage, Green Card, Homeland Security Department, Illegal Immigrants, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, legally recognized same-sex relationships, New York 23rd Congressional district, New York State, President Obama, Representative Jerrold Nadler, Respect for Marriage Act, Same Sex Marriage, same-sex relationships, United States Constitution, Uniting American Families Act
Posted in Department of Homeland Security, same sex visa | No Comments »

It recently came to this blogger’s attention that some media outlets are noting the comparatively positive aspects of the economies which comprise the Association of Southeast Asian Nations (ASEAN). In order to provide further insight to the reader it is necessary to quote directly from the official website of The Wall Street Journal, WSJ.com:

JAKARTA—Investors and companies should look to Southeast Asia as they seek shelter from the world-wide markets meltdown, said the secretary general of the 10-member Association of Southeast Asian Nations. Surin Pitsuwan noted that Southeast Asia is growing, it is nestled between India and China and it dealt with its own scary debt problems over a decade ago, making it an attractive alternative amid the global volatility triggered by concerns about how the U.S. and Europe will deal with their debt, as well as whether the U.S. economy will slide into recession again. “If they are looking for a safer haven, this is it,” he told The Wall Street Journal in an interview. “The Chinese and the Japanese that are worried will want to look around for better prospects for their investments and this is one of the hopeful regions…”

The administration of this web log strongly encourages readers to click upon the hyperlinks noted above to read this well written article by Eric Bellman in detail.

Frequent readers may recall that the ASEAN region as a whole, and the component jurisdictions therein, have shown tremendous economic strength in recent months. Meanwhile, these jurisdictions are believed by some to have substantial economic potential in the future. There has been some discussion in recent weeks regarding the prospect of a possible ASEAN visa not unlike the Schengen system currently employed in Europe. Whether such a program will ultimately be implemented remains to be seen. In any case, there is certainly strong evidence to support the inference that the ASEAN jurisdictions will be increasingly important in a geopolitical and economic context moving forward.

In news pertaining to the continuing struggle for LGBT Equality in the United States, it recently came to this blogger’s attention that the Internal Revenue Service (IRS) of the United States appears to be refusing recognition of same sex marriages, even those legalized and/or solemnized in an American State jurisdiction. To provide further information this blogger is compelled to quote directly from the official website of MSNBC at MSN.com:

For all those same-sex newlyweds in New York, Lawrence S. Jacobs has a message: Enjoy the Champagne and the honeymoon, but expect no gifts from the IRS. Jacobs, a lawyer in Washington, specializes in estate planning for same-sex couples — and in delivering the bad news that their unions aren’t legal in the eyes of the IRS, a policy that will cost them time and money during tax season.Same-sex couples in Washington, which last year legalized gay marriage, must fill out a federal return to make calculations required for their D.C. joint return. But then they must set that work aside and fill out separate federal returns because the IRS doesn’t regard their union as legal, Jacobs says. “You just spent decades getting your marriage recognized, and now the feds say, ‘No, you’re not,’” says Jacobs, who as a partner in a same-sex marriage has firsthand experience of the problem.

The administration of this web log strongly encourages interested readers to click upon the hyperlinks noted above to view this story in detail.

Frequent readers may recall that the issue of same sex marriage has been a “hot button” issue in recent months as Senate Judiciary hearings have recently been held to scrutinize the Constitutionality of the so-called “Defense of Marriage Act” (DOMA) in light of proposed replacement legislation in the form of the bill colloquially referred to as the Respect for Marriage Act (RFMA). In an immigration context, the issue of federal recognition of same sex marriage is of substantial importance since agencies such as the United States Citizenship and Immigration Service (USCIS) and each and every US Embassy or US Consulate overseas is legally compelled to disregard a same sex marriage when adjudicating family visa matters pursuant to the provisions of DOMA. Therefore, bi-national same sex couples cannot obtain a travel document such as a K-1 visa, CR-1 visa, or IR-1 visa in the same manner as their different-sex counterparts. Meanwhile, there is some hope that this current legal discrimination will be overcome as some US Courts have ruled that DOMA’s non-recognition, at least at the federal level, of State licensed same sex marriage is Un-Constitutional. Concurrently, the United States Bankruptcy Courts have begun allowing joint bankruptcies for same sex married couples.

It remains to be seen whether same sex couples will ever be accorded the same benefits as their different-sex counterparts in the eyes of American law, but the overall situation appears to be gradually improving.

For related information please see: Americans Resident Abroad.

Tags: American Resident Abroad, Americans Resident Abroad, ASEAN, ASEAN Visa, ASsociation of Southeast ASian Nations, China, CR-1 Visa, CR1 Visa, Defense of Marriage Act, DOMA, gay marriage, global volatility, India, Internal Revenue Service, IR-1 Visa, IR1 Visa, IRS, joint return, K-1 Visa, K1 Visa, LGBT Equality, partner in a same-sex marriage, recession, Respect for Marriage Act, RFMA, same sex couples, Same Sex Marriage, same sex marriages, same-sex newlyweds, Southeast Asia, State licensed same sex marriage, Surin Pitsuwan, U.S. economy, United States Citizenship and Immigration Service, US Consulate, US Courts, US Embassy, USCIS
Posted in ASEAN Business, ASEAN Visa, same sex visa, States' Rights | No Comments »

It recently came to this blogger’s attention that representatives from the jurisdictions which comprise the Association of Southeast Asian Nations (ASEAN) are set to meet in September. Further, the Philippine DFA has apparently commented upon these developments. To provide further insight it is necessary to quote directly from the website ABS-CBNNews.com:

MANILA, Philippines – A team of maritime legal experts from the Association of Southeast Asian Nations (ASEAN) is scheduled to meet in Manila in September to begin talks on maritime territorial issues, the Department of Foreign Affairs (DFA) said Friday. This is part of the preventive diplomacy approach wherein ASEAN experts will determine disputed from non-disputed waters, DFA spokesman Raul Hernandez said. “The experts will give a concept paper to determine the zone of peace and cooperation and let them discuss it, assess and hopefully support it. We will present it to the ASEAN and hopefully China will hear it,” he added…

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

There are many who have speculated that the ASEAN region could one day see a single visa system similar to the Schengen system utilized in certain countries of Europe. However, this development remains to be seen. Meanwhile, discussions regarding the tensions which have recently arisen with respect to the South China Sea area have sort of been “tabled” until the upcoming meeting in Manila. Hopefully, this situation evolves into something that is beneficial for all of the ASEAN countries and the Greater Asian region as a whole.

In news pertaining to the continuing struggle for LGBT Equality it recently came to this blogger’s attention that a venerated publication has noted recent shifts in American attitude regarding same sex marriage. To quote directly from the official website of The Economist magazine, Economist.com

[W]hen National Journal polled political “insiders” this month, it found a majority of Democratic politicos, lobbyists and strategists in favour of making gay marriage legal. No less telling, a majority of their Republican counterparts, while continuing to oppose gay marriage, thought their party should just ignore the issue. That might make electoral sense. Since it is the young who are most relaxed about gay marriage, standing in its path might cost the Republicans dear in the future. The notion of denying gays the spousal rights available to others makes little sense to a generation that sees marriage at least as much as a union of soul-mates as a formal structure for child-rearing…That may be why Rudy Giuliani, the former mayor of New York who ran for the presidency in 2008 and may yet do so again, has warned fellow Republicans to “get the heck out of people’s bedrooms”…

This blogger asks readers to click upon the hyperlinks noted above to read further from this insightful article by Lexington.

Frequent readers of this blog may have noted that the Respect for Marriage Act (RFMA) noted above was introduced in the United States House of Representatives by Representative Jerrold Nadler. Representative Nadler is also the sponsor of the Uniting American Families Act (UAFA) which, if enacted, would remedy the current discrimination faced by same sex bi-national couples who cannot receive visa benefits such as the CR-1 visa, the IR-1 visa, or the K-1 visa in the same manner as their different-sex counterparts notwithstanding that they may have a valid State licensed same sex marriage.

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

Tags: ASEAN, ASEAN news, ASEAN region, ASEAN Schengen system, ASEAN Schengen visa, ASEAN Visa, Asian Schengen visa, ASsociation of Southeast ASian Nations, China, China Business, CR-1 Visa, CR1 Visa, Defense of Marriage Act, Defense of Marriage Act News, Department of Foreign Affairs, DFA, DOMA News, gay marriage, ignore the issue, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Manila, maritime law, maritime legal experts, maritime territorial issues, Philippines, preventive diplomacy, Respect for Marriage Act, RFMA, RFMA News, same sex civil union, same sex union, same-sex partnership, South China Sea, spousal rights
Posted in ASEAN Business, same sex visa | No Comments »

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.

Tags: ASEAN, ASsociation of Southeast ASian Nations, bankruptcy courts, Brunei Darrusalam, China, Chinese Foreign Minister Yang Jiechi, Chinese Vice-President Xi Jinping, constitutionality, CR-1 Visa, CR1 Visa, Declaration on the Conduct of Parties in the South China Sea, Defense of Marriage Act, dismissal of bankruptcy petitions filed jointly by same-sex debtors, DOMA, gay marriage, IR-1 Visa, IR1 Visa, Joint Action Plan, Justice Department spokeswoman Tracy Schmaler, K-1 Visa, K1 Visa, LGBT community, lgbt immigration, lgbt visa, LGBT Wedding, Malaysia, maritime disputes, married under state law, Obama Administration, opposite-sex spouses, Philippine Foreign Affairs Secretary Albert F. del Rosario, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, Same Sex Immigration, Same Sex Marriage, same sex visa, Same Sex Wedding, same-sex married couples, South China Sea, Spratly Islands, States' Rights, Taiwan, the Philippines, U.S. Justice Department, uafa, Uniting American Families Act, Vietnam
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It recently came to this blogger’s attention that the sovereign State of New York has recently passed legislation which would permit same sex marriage in that jurisdiction. To provide further insight into these developments it may be prudent to quote directly from an Associated Press article written by Michael Gormley and posted to the Yahoo News section of Yahoo.com:

ALBANY, N.Y. – Same-sex marriage is now legal in New York after Gov. Andrew Cuomo signed a bill that was narrowly passed by state lawmakers Friday, handing activists a breakthrough victory in the state where the gay rights movement was born. New York becomes the sixth state where gay couples can wed and the biggest by far. “We are leaders and we join other proud states that recognize our families and the battle will now go on in other states,” said Sen. Thomas Duane, a Democrat. Gay rights advocates are hoping the vote will galvanize the movement around the country and help it regain momentum after an almost identical bill was defeated here in 2009 and similar measures failed in 2010 in New Jersey and this year in Maryland and Rhode Island…

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

Frequent readers of this blog may recall that Governor Andrew Cuomo has also been on the vanguard of initiatives designed to provide some protection for America’s immigrant communities. As the former Attorney-General of New York he has executed policies to counter immigration scams perpetrated against immigrants in the State of New York. To provide further insight into these developments this blogger felt it prudent to quote another source regarding these events. To quote directly from an article written by Marcia Kramer and posted on the website of CBS New York at CBSLocal.com:

ALBANY (CBSNewYork/AP) — Gay marriage will soon become legal in New York state after the Republican-controlled Senate narrowly voted in favor of the controversial bill on Friday night. Advocates are calling it a historic step as New York is now set to become the sixth but by far the largest state to legalize same-sex marriage. Democratic Gov. Andrew Cuomo, who campaigned on the issue last year, has promised to sign the bill. Gay weddings could begin 30 days after that…

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

There is little doubt that these developments are very significant for the LGBT community, but the struggle for full equality is far from finished as these developments may be cold comfort to those same sex bi-national couples who currently cannot be reunited in the United States due to the American federal government’s continued enforcement of the provisions of the so-called “Defense of Marriage Act” (DOMA) a piece of legislation which forbids the United States federal government from granting any form of recognition to same sex marriages even when those marriages are duly solemnized and/or legalized in one of the sovereign American States which recognizes such marital unions. Currently, proposed legislation such as Representative Jerrold Nadler‘s Respect for Marriage Act and the Uniting American Families Act (UAFA, a proposed piece of legislation which would rectify the current application of DOMA in an immigration context); or Representative Mike Honda‘s Reuniting Families Act would attempt to rectify, to one degree or another, the current discrimination borne by the LGBT community.

More American States seem to be heeding the call of their citizenry and taking legislative action to provide support for America’s LGBT families. Hopefully all of these developments eventually lead to a broad based recognition of the individual natural rights of all Americans.

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

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

Tags: Attorney-General of New York, Defense of Marriage Act, DOMA, gay marriage, Gay Rights, Gay weddings, Gov. Andrew Cuomo, Governor Andrew Cuomo, immigration scams, legalize same-sex marriage, LGBT Equality, lgbt immigration, LGBT marriage, lgbt visa, LGBT Wedding, Maryland, New Jersey, New York Senator Thomas Duane, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Rhode Island, Same Sex Bi-National Couples, Same Sex Marriage, State of New York, uafa, Uniting American Families Act
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While online this blogger came across an interesting article regarding same sex marriage in the United States of America and the campaign to equalize marital rights for same sex couples. It would appear that Ms. Barbara Bush (no, not the former First Lady, but her granddaughter) has come out in favor of marriage equality. To quote directly from an article written by Candace Chellew-Hodge posted on the website religiondispatches.org:

First, it was Arizona Senator John McCain’s daughter Meghan who came out as a young Republican in full support of marriage equality for gays and lesbians. Now, the youngest daughter of former President George W. Bush is—like her mother Laura before her—publicly proclaiming her support for marriage equality. In a video released this week by the Human Rights Campaign, Barbara Bush, proclaims herself “a New Yorker for marriage equality.”

It is interesting to note that the issue of marriage equality does not seem to conjure up the same sort of reaction from members of different generations. Where at one time, the issue of same sex marriage and LGBT rights were once quite controversial, especially within the Republican Party, now it would appear that more cooler heads are prevailing on the subject as even religious people who have personal issues with the practice understand that personal liberty and the right to be with people that one loves are fundamental to both the human experience and the American Dream. However, not everyone feels the same way as a further quote from the aforementioned website points out:

Over at Focus on the Family’s Citizen Link, blogger Jenny Tyree isn’t surprised at Ms. Bush and Ms. McCain’s support for marriage equality. “It’s rather easy for 20-somethings—or millennials—to jump on the very tidy-looking ‘rights’ bandwagon that proponents of same-sex marriage have made marriage to be,’ she writes, rightly observing that the majority of people aged 18-29 support marriage equality.

Those reading this posting are well advised to go to religiondispatches.org to read the story in its entirety. That said, first, it should be noted that this blogger, a twenty-something, albeit a late twenty-something, himself, hates the use of the term “Millennials” when describing the generation of Americans coming of age in the new millennium. The reason for the dislike of this label stems more from the fact that it makes such people sound like flowers which bloom on a yearly basis rather than a smart savvy generation who can clearly articulate their opinions on a wide array of issues, but this is a digression.

Of interest to those seeking information regarding United States Immigration law is the fact that under the current legal framework of the so-called Defense of Marriage Act (DOMA) the Federal government refuses to recognize the validity of same sex marriage notwithstanding the fact that 5 Sovereign US States currently recognize and solemnize such unions. There are many who would argue that this legislation is unconstitutional on its face as it completely abrogates the States’ prerogatives with regard to marriages conducted within their jurisdiction. Furthermore, it is this blogger’s opinion that this current practice violates the Full Faith and Credit Clause of the US Constitution as well as depriving individuals of their right to equal protection under the US Constitution and the rights conferred under the theory of “substantive due process.” In an immigration context, there have been moves in the US Congress to deal with the issue of same sex bi-national couples. Most notable have been Representative Jerrold Nadler’s attempts to gain passage of the Uniting American Families Act (UAFA) which would create a US Visa category for “permanent partners” of United States Citizens and Lawful Permanent Residents. As of the time of this writing, this legislation has yet to be passed.

Under the government’s view of the law, bi-national same sex couples are not allowed to obtain US family visa benefits equal to those of their different-sex counterparts as doing so would be a violation of DOMA. Hopefully, with the support of a new generation of Americans these issues will be rectified and same sex couples will be afforded the same Constitutional liberties and immigration benefits as their different-sex counterparts.

Fore related information please see: Permanent Partner Visas.

Tags: Barbara Bush, Defense of Marriage Act, DOMA, gay marriage, Gay Rights News, Laura Bush, LGBT Rights, Meghan McCain, permanent partner, Same Sex Bi-National Couples, Same Sex Marriage, uafa, UAFA News, Uniting American Families Act, US Immigration Rights Same Sex Bi-national Couples
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