I wonder how long it will take before the federal government forces other states to recognize or even does so them themselves for someone married in a state where it is legal.
It'll be at least 10 years. Obama's not going to get involved in this before the end of this term and, given the way things are going, it seems he's unlikely to be re-elected.
His Republican replacement is very likely to be extremely conservative. I would expect the only course for gay rights in the States is for them to be diminished for the foreseeable future.
An interesting wrinkle in this situation is a recent statement by Gov. Perry of Texas. He is another fundimentalist, but when asked if gay marriage should be banned he responded that under the 10th Amendment this is an issue that must be decided by the states, not the Federal government. Of course, this doesn't get around the so-called Defense of Marriage Act, a Federal enactment of dubious validity passed during the Clinton administration that is now under attack in the courts.
Now, my question. The State of residence of these two gay men, one of who is from Australia, does recognize the validity of their marriage.
Immigration and residency/citizenship is in the jurisdiction of the Federal Government. . . ..correct?
Since the Federals do not recognize gay marriage in any State, the State in question has no jurisdiction over the residency of the Australian married to an US citizen. Correct?
OK, what is this couple going to do? Just separate and play dead? No recourse. Correct?
If you were their lawyer is there anything you could do?
The state of residence may recognise the marriage, but you are correct that the states have no jurisdiction over immigration matters. DOMA forbids the recognition of such marriages by Federal agencies, although some courts have found this to be unconstitutional. The Justice Department has taken the position that it will enforce that law until Congress repeals it or it is declared unconstitutional by the Supreme Court. In the meantime, Justice will not defend the constitutionality of the act in any litigation that seeks to have it declared unconstitutional. I think this is as far as Obama can go regarding DOMA. I am no immigration attorney, but there are such things as extreme hardship exceptions. It seems to me that this case falls into this category. A Massachusetts same sex couple were able to reunite last year after Secretary of Homeland Security Janet Napolitano granted the foreign national an "humanitarian parole", which is awarded on a case-by-case basis. This should be the course these gentlemen should take. As in all discretionary or political situations, it is the squeeky wheel that gets the grease. Napolitano needs to be confronted with a little political pressure until she pays attention to this situation.
JIMM, I think there is a case of insurance, healthcare and finances involved. If the US guy with HIV/AIDS leaves the country for Australia he will be without insurance/healthcare. His Aussie spouse is also his primary care giver. A lot involved.
J subtlely suggested that Ms Napolitano /Homeland Security be coaxed into intervention. ..
The other possibility is a private bill passed by the Congress. These are often enacted for compassionate reasons in immigration matters after all administrative avenues have been exhausted. In this case, however, it might be tough to move it out of the House.
Thanks for any other informative site. The place else could I am getting that type of info written in such an ideal approach? I've a challenge that I am just now operating on, and I have been on the glance out for such info.
18 comments:
Perhaps Obama can give these two people hope they can believe in.
I wonder how long it will take before the federal government forces other states to recognize or even does so them themselves for someone married in a state where it is legal.
It will be interesting to see if common sense prevails.
Immigration officals seem to lack common sense more than most.
I forgot to increase the font size, JustinO. Sorry bout that.
Stew,
It'll be at least 10 years. Obama's not going to get involved in this before the end of this term and, given the way things are going, it seems he's unlikely to be re-elected.
His Republican replacement is very likely to be extremely conservative. I would expect the only course for gay rights in the States is for them to be diminished for the foreseeable future.
I hope I'm wrong, though.
An interesting wrinkle in this situation is a recent statement by Gov. Perry of Texas. He is another fundimentalist, but when asked if gay marriage should be banned he responded that under the 10th Amendment this is an issue that must be decided by the states, not the Federal government. Of course, this doesn't get around the so-called Defense of Marriage Act, a Federal enactment of dubious validity passed during the Clinton administration that is now under attack in the courts.
Thanks, J, for this.
Now, my question. The State of residence of these two gay men, one of who is from Australia, does recognize the validity of their marriage.
Immigration and residency/citizenship is in the jurisdiction of the Federal Government. . . ..correct?
Since the Federals do not recognize gay marriage in any State, the State in question has no jurisdiction over the residency of the Australian married to an US citizen. Correct?
OK, what is this couple going to do?
Just separate and play dead? No recourse. Correct?
If you were their lawyer is there anything you could do?
Thanks, J.
justin
The state of residence may recognise the marriage, but you are correct that the states have no jurisdiction over immigration matters. DOMA forbids the recognition of such marriages by Federal agencies, although some courts have found this to be unconstitutional. The Justice Department has taken the position that it will enforce that law until Congress repeals it or it is declared unconstitutional by the Supreme Court. In the meantime, Justice will not defend the constitutionality of the act in any litigation that seeks to have it declared unconstitutional. I think this is as far as Obama can go regarding DOMA. I am no immigration attorney, but there are such things as extreme hardship exceptions. It seems to me that this case falls into this category. A Massachusetts same sex couple were able to reunite last year after Secretary of Homeland Security Janet Napolitano granted the foreign national an "humanitarian parole", which is awarded on a case-by-case basis. This should be the course these gentlemen should take. As in all discretionary or political situations, it is the squeeky wheel that gets the grease. Napolitano needs to be confronted with a little political pressure until she pays attention to this situation.
Thanks, J. Always so clear and concise! ;-)
Got the phone number??? LOL. . .Bet you do. . .. lol You owe her a call? LOL
And, Coops, a little Thundah becomes you! LOL
Screw the US! Why don't they both just move to Australia? I'd do it!
JIMM, I think there is a case of insurance, healthcare and finances involved. If the US guy with HIV/AIDS leaves the country for Australia he will be without insurance/healthcare. His Aussie spouse is also his primary care giver. A lot involved.
J subtlely suggested that Ms Napolitano /Homeland Security be coaxed into intervention. ..
J subtle? Yeah, right.
The other possibility is a private bill passed by the Congress. These are often enacted for compassionate reasons in immigration matters after all administrative avenues have been exhausted. In this case, however, it might be tough to move it out of the House.
Ohhhhhhh???
NOT ????
hmmmm. . . .
Richard . . .
Tough to move out of the House?
DaaDuuuuhhhh. . .FIRST PRIZE awarded. . with a rousing chorus of "The Hymn to the Obvious". . . .or "The Battle Hymn of the Republic[ans]".
Interesting discussion. But ultimtrly--alas--fytile.
NCArt
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