Integrity Legal

Those who frequently read this web log may have noticed that this author occasionally comments upon the progress of American gaming legislation as recent legislative enactments have greatly altered the online gaming landscape. Although this issue would not seem similar to that of LGBT rights at first blush, there are some commonalities from a legal perspective which were recently noted in an article written by April Gardner for the website casinogamblingweb.com. To quote directly from this article:

US lawmakers took the first step on Saturday towards giving all Americans the same rights and freedoms when the Senate voted to repeal Don’t Ask, Don’t Tell. Online poker players are hoping this was the first step towards full freedom, and that the Unlawful Internet Gambling Enforcement Act repeal may be next.

The repeal of the policy referred to as “Don’t Ask, Don’t Tell,” was a significant achievement for proponents of LGBT rights. That said, as noted in a previous posting on this blog, the Defense of Marriage Act (DOMA) still continues to act as a barrier to equal immigration rights for same sex bi-national couples as well as LGBT bi-national couples. At one point, it was thought that the Defense of Marriage Act’s provisions might be circumvented in the context of US Immigration through enactment of the Uniting American Families Act (UAFA), but, alas, this legislation has yet to be enacted. Therefore, there are those who argue that there is still a long way to go in the fight for equal rights for the LGBT community. That said, the article went on to note:

The Don’t Ask, Don’t Tell law is one that Democrats have been pushing hard to repeal for several years. Another of those ill-advised laws on the radar for Liberals is the UIGEA. In recent weeks, Senator Harry Reid has proposed an online poker bill, but that legislation alone would not have overturned the UIGEA.

Although at first glance the UIGEA (the Unlawful  Internet Gambling Enforcement Act) and the policy of “Don’t Ask, Don’t Tell” would seem to be dissimilar in nature. In fact, these two issues touch upon a very significant issue which seems to be continuously debated in the United States. This issue transcends party ideology: personal freedom. The ability to freely, peaceably, and consensually associate with whomever one chooses is a fundamental right enshrined in the United States Constitution and the Bill of Rights. Many would argue that the law forbidding same sex bi-national couples, even those lawfully married in one of the 5 US States which currently solemnize same sex unions, from obtaining the same immigration rights as different sex couples is self-evidently a violation of the right to equal protection under American law. In this same vein, there are many who argue that Americans should have the ability to choose to participate in online gaming so long as they are above the lawful age to engage in such activity in their jurisdiction and the gaming operation is regulated so as to ensure that games are fair and the gaming operator is solvent. That said, the author of the aforementioned article seems pessimistic about the short term future of legislation designed to regulate and thereby legitimize online gaming:

It is unlikely that online gambling prohibition will be discussed in the closing days of the lame-duck session. For online poker players, however, they can take comfort in the Don’t Ask, Don’t Tell repeal.

The repeal shows that everything is worth the wait, as millions of gay and lesbians exhibited Saturday through tears of joy. It may take a little longer, but those tears of joy will eventually come for the millions of online gamblers in this country as well.

Truly, the repeal of “Don’t Ask, Don’t Tell,” was a monumental step forward for advocates of Equal Rights, but the issue of online gaming remains both controversial and complicated in the USA as many different jurisdictional issues arise especially in the context of the internet and World Wide Web. Therefore, it remains to be seen what the US Congress will ultimately decide to do with regard to online gaming, but hopefully the eventual outcome will result in positive benefits for players, operators, and the United States economy as this sector could prove to be an area of job growth for the USA in the coming years.

For related information please see: Online Gaming Law or Same Sex Marriage Visa.

Tags: Defense of Marriage Act, DOMA, Don't Ask Don't Tell, gay immigration, Gay Rights, gay visa, internet casino, Internet Gambling, Internet Gaming, lgbt immigration, LGBT Rights, online casino, Online Gambling, Online Gaming, Same Sex Bi-National Couples, Same Sex Marriage, same sex marriage visa, uafa, UIGEA, Uniting American Families A, Unlawful Internet Gambling Enforcement Act
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Those who read this blog may have taken note of previous postings which discussed recent events occurring in the realm of American online gaming regulation. Recently, this administrator read a posting on casinogamblingweb.com by Terry Goodwin. To quote directly from the posting:

[Senator Harry] Reid shocked many in the gaming industry late last week when he revealed that he was supporting a bill that would regulate online poker in the US. Each state would be able to opt out of the legislation, but clearly the goal for Reid was to help Nevada gaming companies with existing casinos.

Senator Reid’s support could prove to be essential to passage of online gaming regulation legislation. However, not all seem enthusiastic about Mr. Ried’s proposed legislation:

As the details of the bill have emerged, online players have become more weary of Reid’s motives. One of the more interesting stipulations surrounds the possibility that all online poker operators seeking a license would have to halt their services to US customers for a period of fifteen consecutive months once the legislation is finalized and passed.

The issue of gaming in general can be controversial in the United States and around the globe, but the issues surrounding online gaming bring to light all sorts of legal and policy issues as Larry Rutherford noted in his article also on casinogamblingweb.com:

University of Illinois Business Professor and longtime opponent of online gambling regulations in the US John Kindt has again made statements about the issue of late…

Apparently this professor advocates strongly against online gaming. Many opponents to gaming legislation cite the problems which can arise as a result of the spread of gaming. That said, Rutherford’s posting pointed out that online gaming is becoming increasingly prevalent:

Senator Harry Reid and Representative Barney Frank are both pursuing online gambling legislation that would regulate the industry. The lawmakers take the opposite position of Kindt, understanding that Internet gambling is already a big part of society in the US….

One facet of the online gaming debate that many feel is often overlooked in the overall discussion of the various aspects of the issue is the economic argument in favor of online gaming. As Rutherford’s piece went on to note further:

Online gambling would only help the economy recover with the thousands of jobs regulations would create. Millions of dollars in tax revenue that is currently going out of the US would also stay within the borders. Instead of paying companies in other countries, the millions of online gamblers would be pumping money into US-based companies that pay taxes and spend money in the country.

In addition to the revenue and jobs, online gambling regulations would also place spending limits on Internet gamblers, something that currently does not exist in full regulation. Problem gambling is addressed in Representative Frank’s online gambling bill, and almost certainly would be included in any legislation proposal by Senator Reid passed as an amendment to the tax cuts bill.

Although no one can foresee what the overall impact of this legislation could be. There are many who feel that properly regulated online gaming in the United States would be a significant benefit to the American economy as jobs would be created to deal with what appears to be substantial demand for services both directly and indirectly related to gaming.

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