Integrity Legal

It recently came to this blogger’s attention that the Republican position regarding same sex marriage in the District of Columbia (Washington D.C.) is being analyzed by both media and political observers. To quote directly from a recent article written by Ben Pershing and posted on the website of the Washington Post, WashingtonPost.com:

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

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

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

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

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

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

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

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

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

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

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

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

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

Tags: American Constitution, Bisexual, Commonwealth of Massachusetts, D.C., D.C. oversight subcommittee, Defense of Marriage Act, Democrat Party, District of Columbia, DOMA, Gay, Gay Political Group of Thailand, House Oversight and Government Reform Chairman Darrell Issa, Jim Sarah, Lesbian, LGBT community, lgbt immigration, lgbt visa, Natee Teerarojjanapongs, Pheu Thai Party, Representative Trey Gowdy, Republican Party, Respect for Marriage Act, Reuniting Families Act, Same Sex Marriage, Sexual Diversity Group, Sujinrat Prachathai, third gender, third sex, Transgender, transsexual, uafa, United States Constitution, Uniting American Families Act, Washington D.C.
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