Integrity Legal

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for full legal recognition of equal rights until such time as the so-called “Defense of Marriage Act” (DOMA) is either repealed, replaced with legislation similar to the Respect for Marriage Act, or amended in such a way that true equality under the law is granted for the individuals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
Posted in ASEAN Business, China Business, Editorial, News, Opinion, same sex visa | No Comments »

It recently came to this blogger’s attention that a Federal Court injunction has once again been put into effect with respect to the issue of the American military’s so-called “Don’t Ask, Don’t Tell” policy. To provide further information on this matter it is necessary to quote directly from the online home of the San Fransisco Chronicle at SFGate.com:

SAN FRANCISCO — A federal appeals court ordered a halt Wednesday to the armed forces’ policy of discharging openly gay service members, citing the impending demise of “don’t ask, don’t tell” and the Obama administration’s escalating criticism of antigay laws. Congress has already voted to repeal “don’t ask, don’t tell,” the 1993 law that barred military service by gays and lesbians who disclose their sexual orientation. But the repeal was due to take effect only after the Pentagon certified that the change in the law would not interfere with military readiness or recruiting, a finding the Obama administration had projected for the end of this year. On Wednesday, however, the Ninth U.S. Circuit Court of Appeals in San Francisco – which had previously allowed the government to follow its own timetable – reinstated a federal judge’s injunction that had briefly barred enforcement of the law last fall before it was suspended…

The administration of this blog asks readers to click upon the hyperlinks noted above to read all of this interesting story by the aforementioned newspaper’s staff writer Bob Egelko.

As has been previously pointed out in the pages of this web log, the American Armed Forces should be commended for their efforts to quickly and efficiently integrate the LGBT community into their honored ranks. This blogger would speculate that the open inclusion of members of the Lesbian, Gay, Bisexual, and Transgender (also sometimes referred to colloquially as the “third sex” in Thailand) community will only make the United States military a stronger and more cohesive force for the advancement of freedom and liberty around the globe. Posterity may one day note that the aforementioned injunction was not necessary, but the force of law which comes “part and parcel” with a federal injunction can only help the efforts of those struggling for LGBT equality.

Readers may note that the American federal government does not recognize same sex marriage even those same sex marital unions which are legalized and/or solemnized by one of the sovereign American States. Although, it would appear as though one major obstacle in the path of LGBT equality could soon be overcome since the Judiciary Committee of the United States Senate may soon hold hearings regarding the repeal of the so-called “Defense of Marriage Act” (DOMA) with an eye toward the possible recommendation of something similar to the Respect for Marriage Act. In order to provide detailed information regarding these developments it may be wise to quote directly from Advocate.com:

The Senate Judiciary Committee will hold a first-ever hearing on efforts to repeal the Defense of Marriage Act “in the coming weeks,” committee chair Sen. Patrick Leahy of Vermont announced Thursday. A committee spokeswoman said a date has yet to be set for the hearing on the Respect for Marriage Act, introduced in March by Sen. Dianne Feinstein of California and currently supported by 25 senate cosponsors, including Leahy and New York senator Kirsten Gillibrand. A witness list for the hearing, which will be webcast, has not been finalized…

This blogger strongly encourages readers to click upon the relevant hyperlinks above to read from this insightful article by Andrew Harmon.

Frequent readers of this blog may have noticed that a piece of legislation similar to that noted above was also introduced in the United States House of Representatives by Representative Jerrold Nadler who also introduced the Uniting American Families Act (UAFA) which is a bill that would provide United States visa benefits to same sex bi-national couples which would be substantially similar to those currently enjoyed by many different-sex bi-national couples (ex. the CR-1 visa, the IR-1 visa, or the K-1 visa). It should be noted that Representative Mike Honda also appears to have included UAFA-like language in the provisions of his proposed Reuniting Families Act. As of the time of this writing, none of this legislation has seen passage. However, in order for any bill to become a law it must first see passage in both houses of the American Congress and Senate Judiciary Committee hearings are a vital first step in effecting legislative change at the Senatorial level. Therefore, these developments may ultimately prove to be of the initial phases in a process that culminates with full LGBT equality under the law of the United States of America.

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

Tags: American Congress, antigay laws, Bisexual, California Senator Dianne Feinstein, CR-1 Visa, CR1 Visa, Defense of Marriage Act, different-sex bi-national couple, Don't Ask Don't Tell, federal appeals court, federal injunction, Full Faith and Credit, Full Faith and Credit Clause, Gay, injunction, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, Lesbian, LGBT Equality, New York Senator Kirsten Gillibrand, Ninth U.S. Circuit Court of Appeals, openly gay service members, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, same sex civil union, same sex marital union, Same Sex Marriage, Senate Judiciary Committee, third sex, Transgender, uafa, United States House of Representatives, Uniting American Families Act, US Congress, Vermont Senator Patrick Leahy, “in the coming weeks”
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It recently came to this blogger’s attention that many developments have been taking place with respect to same sex marriage and the legal recognition thereof. It would appear as though many different organs of the United States government have taken a rather positive stance on LGBT Equality. In order to better expound upon these events it may be prudent to quote directly from the official website of the New York Times, NYTimes.com:

Last month, with almost no fanfare, the federal government did a very decent thing: It canceled the deportation of a Venezuelan man after he married an American man in Connecticut and claimed legal residency as a spouse. But the government did not say that it was formally recognizing their marriage, because it cannot. The Defense of Marriage Act, which ranks with the most overtly discriminatory laws in the nation’s history, remains on the books, prohibiting federal recognition of legal same-sex marriages… The Defense of Marriage Act was enacted in 1996 as an election-year wedge issue, signed by President Bill Clinton in one of his worst policy moments. Any Congress with a real respect for personal freedom would repeal it. That, of course, does not describe the current Congress, where many members talk a great deal about freedom but apply it mainly to businesses and gun owners. With legislative repeal not on the horizon, the best hope for ending this legalized bigotry is with the courts. Last year, a federal judge in Massachusetts said the law’s definition of marriage as only between a man and a woman violated the equal-protection provisions of the Constitution. In June, a federal bankruptcy court in California said the law was unconstitutional. Other cases have been filed in New York and Connecticut, and the Justice Department, having agreed that the marriage definition is unconstitutional, has refused to defend it in those court cases. (The House hired its own lawyer to defend the law.)

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

This blogger would also note that there is one seemingly barely reported aspect of the debate which centers upon the issue of federal recognition of same sex marriages legalized and/or solemnized in one of the American jurisdictions which permit such unions. This under reported issue is that of States’ Rights. Although it may not seem immediately pertinent, the issues associated with the sovereign American States’ rights to legalize and/or solemnize marriage within their respective jurisdictions may very well be a central issue to be analyzed with respect to adjudication of the Constitutionality of the so-called “Defense of Marriage Act” (DOMA). There are some who would argue that failure on the part of the United States Congress to provide a framework to grant Full Faith and Credit to same sex marriages might be in violation of the provisions of the Full Faith and Credit Clause of the United States Constitution. As of the time of this writing, however, the United States federal government continues to refuse recognition of same sex marriage pursuant to DOMA.

Bearing the above in mind, it should be noted that it would appear as though this issue is still evolving within the American political zeitgeist as it was recently pointed out that the American President has had some discussions regarding this issue. To quote directly from the official website of the Financial Times, FT.com:

A calculating Washington operative might construe Barack Obama’s continued reluctance to support same-sex marriage as a clever strategic ploy to maximise votes as the 2012 presidential election race gets under way… At a Gay Pride reception at the White House on Wednesday, just five days after New York became the seventh jurisdiction in the US to allow same-sex weddings, Mr Obama trumpeted his achievements: winning the repeal of the Don’t Ask, Don’t Tell policy that bans gays and lesbians from serving openly in the military, and ordering the justice department to stop defending the law that bans federal recognition of same-sex marriages. Gays and lesbians deserve to be “treated like every other American”, Mr Obama said. But the president, who backs civil unions for same-sex couples and last December said his views on gay marriage were “evolving”, still declined to back gay marriage. This dichotomy – being the most progressive president to date on gay issues, but not progressive enough for marriage equality – has disappointed many liberal voters…

This blogger asks readers to click upon the appropriate hyperlinks above to read more from this interesting posting.

Although the President’s views on same sex marriage are “evolving” it remains to be seen when such evolution will result in tangible benefits for the LGBT community. One of the significant ramifications of the current application of DOMA is the fact that this legislation’s enforcement drives bi-national same sex couples geographically apart. Notwithstanding the rescinded deportation noted above, DOMA remains in force and so long as that legislation remains in force there will be same sex bi-national couples who remain separated. Some American legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Uniting American Families Act (UAFA), the Reuniting Families Act, and the Respect for Marriage Act. This legislation would, to one degree or another, ameliorate some of the discrimination currently being endured by the LGBT community in America. However, as of this posting, such legislation has yet to be enacted. It should be interesting to see if such legislation will see passage in the weeks and months ahead.

For related information please see: US Visa Thailand.

Tags: American President Barack Obama, bi-national same sex couples, bigotry, Bisexual, cancel deportation, Connecticut, Defense of Marriage Act, Don’t Ask, Don’t Tell, federal recognition of same sex marriages, Full Faith and Credit, Full Faith and Credit Clause, Gay, Gay Pride, Justice Department, legal same-sex marriages, Lesbian, LGBT, LGBT community, LGBT Equality, marriage definition, New York, personal freedom, President Bill Clinton, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Marriage, same sex marriages, States' Rights, Transgender, Uniting American Families Act, US Constitution, US Visa Thailand
Posted in same sex visa | No Comments »

During a recent exploration of the World Wide Web it came to this blogger’s attention that there are increasing numbers of websites reporting on issues associated with same sex marriage and the legal ramifications of such unions upon both the accordance of federal benefits and the issuance of United States visas. In a previous posting on this blog it was noted that the sovereign State of New York recently enacted legislation which would legalize same sex marriage in that jurisdiction. However, there are those who would argue that the struggle for LGBT Equality is far from finished. To provide further insight into these unfolding events it may be best to quote directly from the TheNation.com:

[W]hile this is certainly a moment to celebrate, same-sex couples in New York are not out of the woods yet. Because of the “Defense of Marriage Act” (DOMA) passed by Congress in 1996, the federal government does not honor any same-sex marriages performed in the states. So as thousands of gay and lesbian couples are married in New York over the coming months, the federal government will treat those legally married couples as strangers and deny them more than a thousand federal rights and protections of marriage, including Social Security spousal benefits, fair tax treatment and the right to sponsor a spouse for a visa or citizenship.

Readers are encouraged to click upon the relevant hyperlinks noted above to read this interesting article in detail. As noted previously in multiple postings on this web log the provisions of the so-called “Defense of Marriage Act” (DOMA) create a situation in which the federal government precludes recognition of same sex marriage even where one of the sovereign American States has legalized and/or solemnized such a union. This has lead some to note that failure on the part of the federal government to recognize such unions results in something of an abrogation of the notion of Full Faith and Credit as enshrined in the United States Constitution’s Full Faith and Credit Clause. That stated, some federal legislators, such as Representative Jerrold Nadler and Representative Mike Honda, have introduced legislation  such as the Uniting American Families Act (UAFA), the Respect for Marriage Act, and the Reuniting Families Act which are designed to mitigate some of the discrimination imposed by application of DOMA. As of the time of this writing, however, none of the aforementioned legislation has been enacted.

Bearing in mind the facts noted above, the reader should note that there have been some other positive developments, albeit relatively minor, in the struggle for full equality. In order to shed further light upon these developments it may be prudent to quote directly from the website LGBTQNation.com:

Another battle which is loosening the Jenga pieces under this bigoted piece of legislation is the fight for immigration rights by bi-national couples. One such case that we’ve covered is that of Henry Valendia and Josh Vandiver, a legally married couple residing in New Jersey. Under DOMA, Valendia, a Venezuelan national, was denied legal residency. Last month, U.S. Attorney General Eric Holder vacated a decision made by the Board of Immigration Appeals (BIA)…[S]ome incredible news came to the Valencia-Vandiver family on Wednesday in the form of a dismissal by Jane H. Minichiello, the chief counsel at the Newark office of Immigration and Customs Enforcement, and arm of the Homeland Security Department…

The administration of this web log asks readers to click upon the appropriate hyperlinks noted above to learn further details from this fascinating article.

It is certainly heartening to see that the United States government appears to have dismissed the proceedings related to this same sex bi-national couple. That stated, it is certainly possible that this may remain, at least for the time being, an isolated incident as the provisions of DOMA appear to still be in force. Hopefully, this case is the first in a long line of cases in which the LGBT community sees Full Faith and Credit and Equal Protection under the law of the United States of America.

For related information please see: US Visa Thailand.

Tags: BIA, Board of Immigration Appeals, Defense of Marriage Act, DOMA, equal protection, Full Faith and Credit, Full Faith and Credit Clause, Henry Valendia, Homeland Security Department, Immigration and Customs Enforcement, Jane H. Minichiello, Josh Vandiver, legally married couple, LGBT Equality, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, same sex civil union, Same Sex Marriage, Social Security spousal benefits, State of New York, U.S. Attorney General Eric Holder, uafa, United States Constitution, Uniting American Families Act, US Citizenship, US Visa, US Visa Thailand
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It recently came to this blogger’s attention that a United States Senator introduced legislation designed to engage the Association of Southeast Asian Nations (ASEAN) in a Free Trade Agreement (FTA). In order to provide further information regarding these developments it may be best to quote directly from the official website of The Nation, NationMultimedia.com:

United States Senator Richard G. Lugar, the Republican Leader of the Senate Foreign Relations Committee, today introduced legislation encouraging United States officials to initiate Free Trade Agreement (FTA) negotiations between the U.S. and the Association of Southeast Asian Nations (ASEAN), which presently accounts for the fourth largest export market of the United States. ”I am continuing my efforts to encourage the Obama Administration to announce a comprehensive and long-term strategy toward engaging ASEAN in FTA discussions,” Lugar said…

This blogger strongly encourages readers to click upon the relevant hyperlinks noted above to learn more on this story.

It is becoming increasingly apparent that the ASEAN community is likely to become more economically important in an international context as time passes. Clearly, Senator Richard Lugar’s proposed legislation will have a significant impact upon the trade relations between the United States of America and the countries which make up ASEAN (Brunei Darussalam, Cambodia, Indonesia, Laos, Myanmar, Philippines, Singapore, Thailand, Malaysia, and Vietnam). Assuming appropriate circumstances, it could be surmised that the United States and the ASEAN community could share a strong trade relationship notwithstanding the growing trade between the United States and countries of the so-called BRICS grouping which includes nations such as India and China. Hopefully the business relationship between the US and ASEAN continues to thrive as these issues are discussed among relevant legislators.

In other matters pertaining to the United States Senate, it recently came to this blogger’s attention that this legislative body was also the forum in which a new UAFA-inclusive piece of immigration legislation was introduced. To provide further insight into these events it may be prudent to quote directly from the website Care2.com:

U.S. Senators introduced Wednesday the Comprehensive Immigration Reform Act of 2011 which includes the Uniting American Families Act (UAFA), legislation allowing U.S. nationals to sponsor their foreign-born same-sex partners for citizenship. The bill, introduced by Senator Robert Menendez (D-NJ) alongside Senators Harry Reid (D-NV), Patrick Leahy (D-VT), John Kerry (D-MA), Dick Durbin (D-IL) and Chuck Schumer (D-NY), has a UAFA-inclusive counterpart measure in the House as introduced by Representative Mike Honda (D-CA). LGBT groups including the Immigration Equality Action Fund praised the reintroduction of the legislation…

The administration of this web log encourages readers to click upon the hyperlinks note above to read more.

As the struggle for LGBT equality continues, legislation such as that noted above could have a significant positive impact upon the LGBT community. Importantly, the inclusion of language similar to the Uniting American Families Act (UAFA), a stand alone piece of legislation originally introduced by Representative Jerrold Nadler in the House of Representatives, would permit same sex bi-national couples to petition for American family immigration benefits similar to those routinely granted to different sex bi-national couples. Currently, the provisions of the so-called “Defense of Marriage Act” (DOMA) preclude such benefits from same sex couples even if a couple has entered into a same sex marriage in one of the sovereign American States that legalize and/or solemnize such unions. Hopefully this proposed legislation can gain traction and thereby end the current discrimination imposed upon same sex couples.

For related information please see: US Company Registration or Legal.

Tags: and Vietnam, ASEAN, ASEAN news, ASsociation of Southeast ASian Nations, BRICS, Brunei Darussalam, Cambodia, China, Comprehensive Immigration Reform, Comprehensive Immigration Reform Act, Comprehensive Immigration Reform Act of 2011, Defense of Marriage Act, DOMA, foreign-born same-sex partners, Free Trade Agreement, FTA, Immigration Equality Action Fund, India, Indonesia, Laos, Malaysia, Myanmar, Obama Administration, Philippines, Representative Jerrold Nadler, Representative Mike Honda, same sex civil union, Same Sex Marriage, same sex partners, Senate Foreign Relations Committee, Senator Chuck Schumer, Senator Dick Durbin, Senator John Kerry, Senator Patrick Leahy, Senator Robert Menendez, Senators Harry Reid, Singapore, Thailand, United States Senator Richard G. Lugar, Uniting American Families Act, US-ASEAN Free Trade Agreement, US-ASEAN FTA
Posted in American Business, ASEAN Business, same sex visa, US Business, US Company Registration, US LLC | 1 Comment »

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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It recently came to this blogger’s attention that the highly informative website of the American Immigration Lawyers Association has noted the Uniting American Families Act (UAFA) and the Reuniting Families Act (RFA) in a recent posting. Perhaps it is best to quote directly from the official website of the American Immigration Lawyers Association (AILA):

Uniting American Families Act of 2011 (H.R. 1537)
Introduced by Rep. Nadler (D-NY) on 4/14/11
Summary: Includes a “permanent partner” within the scope of INA. Defines a “permanent partner” as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines: (1) “permanent partnership” as the relationship existing between two permanent partners, and (2) “alien permanent partner” as the individual in a permanent partnership who is being sponsored for a visa…

Reuniting Families Act (H.R. 1796)
Introduced by Rep. Honda (D-CA) on 5/6/11
Summary: Amends the INA to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year’s unused visas, and (2) the number of unused visas from FY1992-FY2011. Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year’s unused visas, and (2) the number of unused visas from FY1992-FY2011.

Revises the definition of “immediate relative” to: (1) mean a child, spouse, or parent of a U.S. citizen or lawful permanent resident (and for each family member of a citizen or resident, such individual’s accompanying spouse or child), except that in the case of parents such citizens shall be at least 21 years old; (2) permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen’s or resident’s death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (3) include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen’s or resident’s death if the alien files a petition within two years after such date or prior to reaching 21 years old…

This blogger encourages readers to click upon the relevant hyperlinks noted above to read further into the details of all of the proposed pieces of legislation noted in the aforementioned quotation. Frequent readers of this blog may recall the initial introduction of these bills by Representative Jerrold Nadler and Representative Mike Honda, respectively. It could easily be inferred that many in the LGBT community and same-sex bi-national couples from around the globe are anxiously awaiting positive news on any of these legislative proposals.

Readers are reminded that Representative Nadler is the legislator who also proposed the Respect for Marriage Act which would provide federal recognition of the State licensure of same sex marriage. It should be noted that several sovereign American States currently legalize and/or solemnize such marital unions and jurisdictions such as the Commonwealth of Massachusetts and the State of California have seen cases in the federal judicial branch which may result in an end to the current discrimination felt by many couples as a result of the so-called “Defense of Marriage Act” (DOMA).

This news comes upon the heels of interesting possible political developments in Texas which may result in State legislation pertaining to TSA activities in airports. To quote directly from the official website of 1200 WOAI News Radio out of San Antonio, Texas:

Texas lawmakers will reconsider a bill that would criminalize ‘enhanced pat downs’ by Transportation Security Administration agents at the state’s airports, after Gov. Rick Perry placed the item on the agenda for the current special session of the legislature following intense pressure from conservatives and tea party groups, 1200 WOAI news has learned. “I am grateful that the governor heard the calls of the people demanding that lawmakers stand up for the liberties of Texans,” Wesley Strackbein, a conservative activist and founder of’ TSA Tyranny.com’ told 1200 WOAI news.  Strackbein Saturday traveled to New Orleans to confront Perry at a book signing event and demand that the item be placed on the legislative  agenda…

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

TSA‘s (Transportation Security Administration) usage of so-called “enhanced patdowns” upon children and physically/mentally challenged individuals, not to mention the public-at-large, has apparently caused intense political pressure at the grassroots level calling for restriction of these activities. It would appear as though tangible results of such pressures could be forthcoming, but until such time as a bill has actually been enacted it is difficult to say if, or when, offensive policies and procedures will actually change.

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

Tags: AILA, American Immigration Lawyers Association, Bisexual, Commonwealth of Massachusetts, Defense of Marriage Act, DOMA, enhanced patdowns, Full Faith and Credit Clause, Gay, groping, immediate relative, Lesbian, LGBT community, lgbt immigration, lgbt visa, permanent partner, permanent partnership, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Marriage, same sex visa, State of California, Texas Governor Rick Perry, Transgender, Transportation Security Administration, TSA, uafa, Uniting American Families Act, Wesley Strackbein
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It recently came to this blogger’s attention that the Governor of the sovereign State of New York, Andrew Cuomo, has proposed a bill which would provide same sex marriage benefits to those within that jurisdiction. To provide further insight on this issue it may be best to quote directly from a posting by Jay Kernis in which lawyer Evan Wolfson of the organization Freedom To Marry was interviewed on the official website of CNN, CNN.com:

On Tuesday, New York Governor Andrew Cuomo submitted a bill to bring marriage equality to New York State. What does the The Marriage Equality Act permit to happen? If passed by the Republican-controlled Senate and Democrat-controlled Assembly and signed into law by the Governor, the marriage bill will secure for committed same-sex couples the freedom to marry – with the same rules, same responsibilities, and same respect. It will more than double the number of Americans living in a state where gay couples can marry – from 16 million to 35 million.  And it will permit more families to strengthen their love and commitment and ability to care for one another, while taking nothing away from anyone else…

Readers are encouraged to click upon the appropriate hyperlinks noted above to learn more details about these issues.

As frequent readers of this blog may be aware, the issue of same sex marriage is of concern for the LGBT community, especially those same sex bi-national couples who are currently separated pursuant to application of the so-called “Defense of Marriage Act” (DOMA) which effectively precludes same sex bi-national couples from receiving the same visa benefits as their different sex counterparts. Meanwhile, efforts have been made on behalf of the LGBT community by legislators such as Representative Jerrold Nadler and Representative Mike Honda who have introduced federal legislation such as the Uniting American Families Act (UAFA), the Respect for Marriage Act, and the Reuniting Families Act. As of the time of this writing none of this legislation has seen passage in the United States Congress.

The issue of same sex marriage may also be important in an intraState context as there are many benefits for couples who are married. To quote further from the aforementioned posting:

[M]arriage is a system – it brings clarity, security, and tangible and intangible protections as couples move from state to state, interact with employers or businesses, or deal with the federal government…

Truer words have never been written. The institution of marriage is important as it provides concrete evidence of a given couple’s relationship and also may lead to other types of benefits. This blogger would argue that one of the main benefits of a State licensed same sex marriage is the fact that such a union should be accorded Full Faith and Credit pursuant to the United States Constitution provided that such a union occurs within a State which legalizes and solemnizes such unions. At present, the federal government, through enforcement of DOMA, does not recognize same sex marriages for purposes of according legal benefits, but there are currently two pending lawsuits which arose in the sovereign Commonwealth of Massachusetts and sovereign State of California that could overturn this policy. However, as of the time of this writing, such developments remain to be seen.

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

Tags: Andrew Cuomo, Bisexual, Commonwealth of Massachusetts, Defense of Marriage Act, DOMA, Freedom To Marry, Full Faith and Credit, Full Faith and Credit Clause, Gay, Lesbian, LGBT, New York Governor Andrew Cuomo, New York Marriage Equality Act, New York Same Sex Civil Union, New York Same Sex Marriage, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, same sex civil union, Same Sex Marriage, State of California, State of New York, The Marriage Equality Act, third sex, Transgender, uafa, Uniting American Families Act
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It recently came to this blogger’s attention that the United States judicial system recently played host to a proceeding in which the issue of judicial recusal was discussed in the context of a recent case upholding the Constitutionality of same sex marriage in the sovereign State of California. To provide further insight into these developments it may be best to quote directly from the official website of the Associated Press, AP.org:

SAN FRANCISCO (AP) — A federal judge has a message for those trying to salvage California’s gay marriage ban: Sure, the judge who threw out the measure last year is in a long-term relationship with a man, but he could still be fair to them. Chief U.S. District Court Judge James Ware’s ruling Tuesday rejected arguments that former Chief Judge Vaughn Walker would potentially benefit from declaring the ban unconstitutional…

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

For those unfamiliar with the current plight of the LGBT community in the United States it should be noted that the currently enforced provisions of the so-called “Defense of Marriage Act” (DOMA) preclude same sex couples, including same sex bi-national couples, from acquiring the same legal and/or equitable benefits as their different sex counterparts. This issue arises in the context of American immigration in that same sex married couples, even those married in one of the sovereign American States which allow such unions, cannot obtain American visa benefits. Recently, 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, and the Reuniting Families Act which are intended to rectify this discrimination to one degree or another. That stated, it is this blogger’s opinion that this issue may ultimately be resolved by the US Courts. With that in mind, the following was quoted directly from the aforementioned article:

In his 19-page decision – a response to the first attempt in the nation to disqualify a judge based on sexual orientation – Ware had a bigger message. Gay judges, he said, are just like minority and female jurists: They can be impartial, too, even in cases that might affect them. “We all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right,” he wrote. “The single characteristic that Judge Walker shares with the plaintiffs, albeit one that might not have been shared with the majority of Californians, gave him no greater interest in a proper decision on the merits than would exist for any other judge or citizen…

This decision is significant for the LGBT community as it elucidates the notion that one’ sexual orientation is not necessarily a bar to impartial decision making. Although the decision in this case does not go to the heart of the struggle for LGBT equality, it does provide a glimmer of hope for LGBT couples that further positive developments may lie ahead.

For related information please see: Proposition 8 or Full Faith and Credit Clause.

Tags: American Visa, Chief Judge Vaughn Walker, Chief U.S. District Court Judge James Ware, Defense of Marriage Act, DOMA, Full Faith and Credit, Full Faith and Credit Clause, fundamental right, Gay judges, LGBT, lgbt immigration, lgbt visa, Proposition 8, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Reuniting Families Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, Same Sex Civil Partnership, same sex civil union, Same Sex Marriage, State of California, Uniting American Families Act, US Courts
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It recently came to this blogger’s attention that issues surrounding same sex marriage have recently been analyzed by mainstream media outlets. To shed light upon this development further it may be best to quote directly from an insightful article written by Tara Siegel Bernard on the official website of the New York Times, NYTimes.com:

“There is the possibility that, even without DOMA on the books at all, that a married same-sex couple might not be treated as married by the federal government as to some particular program, benefit or obligation because of simply how the particular federal program determines eligibility in looking to state law to see if a person is married or not,” said Gary Buseck, legal director of Gay & Lesbian Advocates & Defenders…But legislators have come up with a fix. The Respect for Marriage Act, which was introduced in both the House and Senate in March, repeals the Defense of Marriage Act and  also includes a provision — known as “certainty” — that says marriages that are valid in the state where the couple got married will be recognized in other states for the “purposes of any federal law in which marital status is a factor…”

The administration of this blog strongly recommends that readers click upon the relevant hyperlinks noted above to learn more.

In previous postings on this web log it has been pointed out that the ramifications of the so-called “Defense of Marriage Act” (DOMA) are such that discrimination results for same sex bi-national couples as well as the LGBT community at large. In recent years, legislators such as Representative Jerrold Nadler and Representative Mike Honda have introduced legislation such as the Uniting American Families Act (UAFA), the Reuniting Families Act, and the Respect for Marriage Act. The Respect for Marriage Act would seem to have been designed in order to deal with some of the more glaring separate sovereignty issues that arise in the context of intraState, interState, and State-Federal recognition of same sex marriage. To expound upon this more it may be best to quote further from the aforementioned article:

Technically speaking, he said, the repeal of the Defense of Marriage Act on its own should be enough for couples to receive federal recognition. But the certainty provision would also protect couples if a less gay-friendly administration interpreted the repeal more narrowly, and only recognized same-sex marriage for couples who lived in states that recognized their marriage. Mr. Moulton said that his organization was still working with members of Congress to build support for the bill, and educating them about “the concrete harms that DOMA has done to same-sex couples…”

For those who read this blog with any frequency it has, no doubt, been noticed that the administration is in opposition to the very existence of DOMA as that legislation infringes upon the sovereign rights of the States and the people to make decisions regarding the licensure of marriage and the maintenance of consensual relationships, respectively. That stated, since DOMA is still “on the books” it currently results in the separation of same sex bi-national couples in an immigration context and discrimination against the LGBT community in a broader sense. This certainty provision noted above is interesting as it pertains primarily to Federal rights and privileges in an interState context. Therefore, if a same sex couple marries in a State which legalizes and/or solemnizes same sex marriage, then the Federal benefits derived therefrom would likely travel with that couple no matter what State they travel to and no matter what Federal benefit they seek. This blogger would argue that perhaps this scenario would already occur pursuant to the privileges and/or immunities clauses, but in this situation it may be best to have some legislative guidance in order to streamline possible future policies pertaining to same sex marriages. As of the time of this writing UAFA, the Respect for Marriage, and the Reuniting Families Act have yet to be adopted, but hopefully, for the LGBT community’s sake, that will change sooner rather than later.

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

Tags: certainty, DOMA, Full Faith and Credit Clause, Gay & Lesbian Advocates & Defenders, LGBT, lgbt immigration, lgbt visa, Representative Jerrold Nadler, Representative Mike Honda, Respect for Marriage Act, Same Sex Bi-National Couple, Same Sex Bi-National Couples, same sex civil union, same sex civil unions, Same Sex Marriage, same sex marriages, uafa, Uniting American Families Act
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