Integrity Legal

It recently came to this blogger’s attention that the current Attorney General of the sovereign State of New York is challenging the Constitutionality of the so-called “Defense of Marriage Act” (DOMA) on the grounds that it violates the 5th and 10th Amendments of the United States Constitution. In order to provide insight into these developments it is necessary to quote directly from an article posted to the website Patch.com:

Attorney General Eric Schneiderman has filed court papers charging that the federal Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman, is unconstitutional on a number of fronts, including an “unprecedented intrusion” on the right of states to regulate marriage. DOMA, passed in 1996, has been under heightened scrutiny since the Obama administration announced in February that it would no longer uphold the part of the law that bars the federal government from recognizing legal same-sex marriages…In a brief filed in the case Windsor v United States of America, Schneiderman argued that DOMA violates the Fifth Amendment by failing to provide equal rights to all Americans and the Tenth Amendment by impeding the right of states to regulate marriage.

Readers are asked to click upon the hyperlinks noted above to read this article in full.

Frequent readers may recall that Representative Jerrold Nadler has rather recently introduced legislation colloquially referred to as the Respect for Marriage Act (RFMA) which attempts to rectify the current legal discrimination faced by those who have entered into a same sex marriage. The RFMA would provide federal “certainty” to validly licensed State sanctioned same sex marriages which would presumably allow federal protection for marital benefits regardless of the geographic location of a same sex married couple. Meanwhile, those same sex bi-national couples who are currently separated from their loved ones due to the discrimination which currently prohibits same sex couples (even those validly married in a State jurisdiction) from receiving visa benefits for their foreign spouse in the same manner as those who seek a K-1 visa, CR-1 visa, or an IR-1 visa. Representative Nadler has also introduced legislation to specifically rectify discrimination in an immigration context in the form of the Uniting American Families Act (UAFA). It has long been this blogger’s opinion that inter-jurisdictional issues pertaining to same sex marriage will ultimately be resolved in the US Courts, but a final resolution has yet to present itself.

In matters related to the Association of Southeast Asian Nations (ASEAN), it was recently noted that diplomatic progress has been made with respect to negotiations pertaining to the South China Sea. In order to provide further insight it is necessary to quote directly from the official website of the Japan Times, JapanTimes.co.jp:

KANEOHE, Hawaii — Last week a sense of optimism wafted out of the Bali meetings of the Association of Southeast Asian Nations. ASEAN and China agreed on “guidelines” for implementing their previously agreed 2002 Declaration on Conduct of Parties in the South China Sea (DOC). Some players including China hailed this as a breakthrough. Others agreed with U.S. Secretary of State Hillary Clinton that “It was an important first step but only a first step” and that ASEAN and China should move quickly — even urgently — toward an actual code of conduct…ASEAN made a major compromise by agreeing to drop a clause that would mandate that it form an ASEAN position before dealing with China on South China Sea issues. This gesture was important to convince China that the other claimants (Brunei, Malaysia, the Philippines and Vietnam) are not using ASEAN to “gang up” on it. China also deserves considerable credit. It had long resisted the draft guidelines and made a major compromise by agreeing to them…

Readers are encouraged to click upon the relevant hyperlinks above to read this interesting posting in full.

As the tensions in the South China Sea seem to be subsiding there seem to be many who hope that a lasting framework can be implemented in order to deal with the myriad issues that are raised by the complexity of this multi-jurisdictional dispute. The issue of maritime freedom of navigation is an important and salient one for those nations which maintain sea power. Therefore, balancing the interests of all such parties in any agreement can be difficult and the drafting of such an agreement could be time consuming as well.  Hopefully, any possible future agreement will operate to the benefit of all concerned.

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

Tags: 10th Amendment, 5th Amendment, ASEAN, ASsociation of Southeast ASian Nations, Brunei, certainty, China, CR-1 Visa, CR1 Visa, Declaration on Conduct of Parties in the South China Sea, Defense of Marriage Act, DOC, DOMA, Fifth Amendment, heightened scrutiny, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Malaysia, New York Attorney General Eric Schneiderman, Respect for Marriage Act, right of states to regulate marriage, Same Sex Marriage, South China Sea, Tenth Amendment, the Philippines, U.S. Secretary of State Hillary Clinton, Uniting American Families Act, unprecedented intrusion, Vietnam, Windsor v United States of America
Posted in ASEAN Business, China Business, Malaysia Business, same sex visa, Vietnam Business | 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 »

Notwithstanding the fact that the American federal government currently finds itself in gridlock due to issues such as the debate over the raising of the debt ceiling and other issues pertaining to the national deficit there appears to be one issue that seems to be continually overlooked by members of both parties in the United States Congress. That issue is: federal recognition of State licensed same sex marriage. Regardless of the provisions in the United States Constitution regarding Full Faith and Credit as elucidated in the language of the Full Faith and Credit Clause, the third section of the so-called “Defense of Marriage Act” precludes federal recognition of same sex marriage even in situations where such unions are legalized and/or solemnized in one of the American State jurisdictions which license such marital unions.

In the interests of full disclosure, this blogger originates from the Great State of Kansas and that State has opted to pass a ban upon same sex marriage as a State Constitutional amendment. This blogger disagreed with the promulgation of that amendment at the time because he has always believed that the States have no right to legislate as to We The People‘s natural rights and prerogatives. That stated, where State legislation augments personal liberty and is not preempted expressly by the enumerated powers of the federal Constitution, such legislation should be accorded Full Faith and Credit pursuant to the United States Constitution not to mention pursuant to the law of the land in the United States of America.

Bearing the above in mind, the issue of same sex marriage and federal recognition thereof is a thorny one since there are those States which expressly ban such unions while concurrently there are those which expressly permit such unions. Therefore, there could be a situation where a same sex marriage is performed and thereby legalized in one State and thereafter the couple cannot be divorced in another State jurisdiction as said jurisdiction does not permit such unions pursuant to State public policy. The courts in the non-recognizing State may be required to recognize that a same sex marriage in another jurisdiction exists in fact, but may not allow the same sex couple to receive a divorce. For more on these concepts it is prudent to review the previous blog posting regarding the concept of vertical vs. horizontal Full Faith and Credit.

Bearing all of the above in mind, it is this blogger’s opinion that the issue of same sex marriage recognition, at least at the federal level, is a virtually non-partisan issue since it touches upon basic human rights as well as those notions inherent to the concept of States’ Rights. As a result, politicians should not have a “tough sell” on this issue with respect to their constituents as Republican legislators can note that support of legislation such as Representative Jerrold Nadler‘s Respect For Marriage Act is supportive of reserved State prerogatives. Meanwhile, Democrats can note that support for repeal of DOMA is in the interests of human rights, civil rights, and Equal Protection.

It remains to be seen how these concepts will come to evolve as the legislative session continues, but it is clear that this issue dovetails many key concepts that Americans associate with personal freedom and Constitutional law.

– Benjamin Walter Hart

For further information regarding federal recognition of same sex marriage please see: Certainty.

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

Tags: America State, certainty, civil rights, Constitutional Law, Defense of Marriage Act, enumerated powers, equal protection, federal recognition of State licensed same sex marriage, Full Faith and Credit, Full Faith and Credit Clause, Human Rights, law of the land, personal freedom, Representative Jerrold Nadler, Respect for Marriage Act, same sex civil union, Same Sex Marriage, same-sex partnership, State Constitutional amendment, State of Kansas, State public policy, States' Rights, United States Congress, United States Constitution, vertical vs. horizontal Full Faith and Credit, We The People
Posted in Opinion | No Comments »

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 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.

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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.)…

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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
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