Government announces more rights for same-sex couples

Attorney General Eric Holder released a memorandum that grants same-sex couples even more of the rights accorded to opposite-sex married couples, and clarifies certain situations for states that do not recognize same-sex marriage.
 

Love not H8.
Photo used under CC license from @Fibonacci Blue on Flickr.

The new rights include:
- The option to refuse to testify against one's spouse in court
- Rights for spouses of federal prisoners, including special visitation, furlough, and communication
- Benefits for programs run by the Justice Department
- Death benefits for spouses of public officers
For a more detailed explanation of these rights, please read this article by SCOTUSblog.

The New York Times noted that, while this is a big step to reduce discrimination against LGBTQ people, it does not go far enough. The government has yet to announce that federal contractors cannot make hiring decisions on the basis of sexual orientation or gender identity.

You can read the full text of Attorney General Holder's memorandum here (pdf).

Federal Student Loan Agency Recognizes Same-Sex Marriage

Is someone in your family planning to apply for federal student aid? A recent change may affect the results. The U.S. Department of Education just announced that it will recognize students' and parents' same-sex marriages in determining federal student loan eligibility. Depending on the particular circumstances, this change could mean either an increase or decrease in the aid received.

Unfortunately, college still requires a lot of Benjamins.
Photo used under Creative Commons license from @401(K) 2013 on Flickr.

Education secretary Arne Duncan wrote, "We must continue to ensure that every single American is treated equally in the eyes of the law, and this important guidance for students is another step forward in that effort... As students fill out their FAFSA this coming year, I'm thrilled they'll be able to do so in a way that is more fair and just.”

The changes are effective immediately, although updated forms are not yet available. Students may file an amended FAFSA to make sure their aid is calculated correctly.

 

For more details, please see: http://www.insidehighered.com/news/2013/12/16/education-department-recognizes-same-sex-marriages-student-aid-purposes#ixzz2nfmLF48P

Department of State Issues Guidance for Consular Posts after Windsor Decision

The Department of State recently issued guidance to its consular posts (U.S. consulates and embassies) following the Supreme Court’s decision in Windsor striking down section 3 of the Defense of Marriage Act (DOMA).  The following is a list of highlights from the guideline:

·         Visa applications filed by a same-sex spouse will be reviewed in the same manner as those filed by an opposite-sex spouse. 

·         A same-sex marriage is now valid for immigration purposes as long as the marriage is recognized in the “place of celebration.”  The same-sex marriage is valid even if the couple resides in a state that does not recognize same-sex marriage. 

·         The same-sex marriage is valid even if the applicant is applying in a country in which same-sex marriage is illegal.

·         Same-sex spouses and their children are now equally eligible for non-immigrant visa (NIV) derivative visas. 

·         A spouse of a U.S. Citizen or Lawful Permanent Resident may apply for an immigrant visa (so long as the priority date is current) after USCIS approves the I-130.  The place of celebration will determine whether the marriage is legally valid, not the applicants’ place of domicile.

·         Fiancé(e) visas are now available for same-sex partners of U.S. Citizens.

·         Diversity Visa applicants (green-card lottery) may now include same-sex spouses in their initial entry or add a spouse acquired after the initial registration.  For DV 2013 and DV 2014, same-sex couples will not be automatically disqualified for not including their same-sex spouse on their original entry.

Interestingly, the Department of State guidance asks consular sections to identify what types of marriage are available for same-sex couples in-country and update the reciprocity tables, pursuant to 9 FAM 41.105.  This leaves open the question of whether civil unions or other forms of legally recognized same-sex partnerships will be recognized as “marriage” for immigration purposes.  We will keep you posted on this.

The Department of State guidance can be found here and more user-friendly FAQs here.

BIA recognizes same-sex marriages for immigration purposes

The Board of Immigration Appeals (BIA) in Matter of Zeleniak, 26 I. & N. Dec. 158 (BIA July 17, 2013) held that in light of the U.S. Supreme Court’s decision in U.S. v. Windsor, 133 S. Ct. 2675 (2013), Section 3 of the Defense of Marriage Act (DOMA) is no longer an impediment to the recognition of lawful same-sex marriages and the recognition of spouses under the INA if the marriage is valid under the laws of the state where it was celebrated.

The U.S. citizen petitioner, Oleg B. Zeleniak, filed an I-130, Petition for Alien Relative, on behalf of the beneficiary, Serge V. Polajenko, as his (male) spouse on March 10, 2010. USCIS denied the petition on July 27, 2010, and the petitioner appealed the denial to the Board. In its first decision, dated April 18, 2012, the Board remanded the record to the Director with instructions to address two issues: whether the petitioner’s marriage is valid under the applicable state (Vermont) law and whether the marriage would qualifies under the INA absent the requirement of DOMA § 3. On remand, the Director determined that the marriage was valid under Vermont law but declined to consider the issue whether the beneficiary would be a spouse under the INA absent the requirements of DOMA § 3 (the controlling federal statute). Hence the Director once more denied the visa petition. The petitioner once again appealed to the Board.

In its most recent decision, the Board sustained the petitioner’s appeal and again and remanded the record to the Director for further consideration of the sole remaining issue which was whether the petitioner had established that his marriage to the beneficiary was bona fide. 

The Board explained that the Windsor decision removed DOMA § 3 as an impediment to the recognition of lawful same-sex marriages and spouses if the marriage is valid under the laws of the state where it was celebrated and the Court’s decision is applicable to various provisions of the INA, including, but not limited to fiancé and fiancée visas, immigrant visa petitions, refugee and asylee derivative status, inadmissibility and waivers of inadmissibility, removability and waivers of removability, and cancellation of removal. The Board further observed that the issue of the validity of a marriage under state law is generally governed by the law of the place of celebration of the marriage. 

Same-Sex Marriage and Adoption in the News

Russia appears poised to expressly deny adoptions of Russian children by same-sex foreign couples.  The measure is in a parliamentary committee, and has the support of President Vladimir Putin.  All Americans, regardless of sexualorientation, are barred from adoption in Russia, a 2012 retaliatory gesture after the US imposed sanctions on Russia for human rights abuses.

France and New Zealand passed same-sex marriage measures this week, as well as the Senate of the US state of Rhode Island, where final approval is imminent.  Rhode Island will mark the 10^th US state to approve marriage equality, and the last of all six New England states. 

While same-sex couples can enjoy certain rights in ten US states and the District of Columbia, there still remain inequalities at the federal level.  LGBT advocates in the US are anticipating a ruling on two cases before the US Supreme Court (Hollingsworth v. Perry and Windsor v. United States) which are direct challenges to the Defense of Marriage Act (DOMA.)

Should DOMA be overturned, Glickman Turley looks forward to assisting bi-national same-sex married couples in negotiating equal access to immigration laws.  We also look forward to the day when our services for same-sex, co-parent adoption are no longer necessary.

Same Sex Marriage Passes in Three More States

The election on November 6, 2012 resulted in three more states allowing same sex marriage: Maine, Maryland, and Washington state. There are now a total of 9 states that have legalized same sex marriage. Three states recognize same sex marriages that are performed outside state lines. For more on this story, click here.

For representation on LGBT rights and same-sex co-parent adoption cases, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.

State Records Show Romney Against New Birth Certificates for Gay Parents

The Boston Globe reported that Massachusetts state records revealed that former Governor Mitt Romney opposed efforts by the Registry of Vital Records and Statistics to revise birth certificate forms for same-sex parents. The Registry of Vital Records made efforts to comply with Massachusetts's 2003 legalization of gay marriage law, but Governor Romney rejected the Registry's efforts because, he said , "The children of America have the right to have a father and a mother...What should be the ideal for raising a child? Not a village, not 'parent A' and 'parent B,' but a mother and a father." 

The Registry's plan would allow the box labeled for "father" to be labeled as "father or second parent." Instead, Romney forced the Registry to obtain approval from his legal staff after "individually review[ing] the circumstances of every birth to same-sex parents." Once approval was obtained, "hospital officials and town clerks across the state [were] permited to cross out by hand the word 'father' on individual birth certificates, and then write in 'second parent,' in ink." Handwritten corrections on birth certificates was a violation of existing law. 

It was only after Governor Deval Patrick assumed office that the appropriate changes were made to revise the birth certificate forms acknowledging children of same-sex marriages. 

Click here to read the story. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

2nd Circuit Federal Appeals Court Strikes Down DOMA

The 2nd U.S. Circuit Court of Appeals in New York held that the Defense of Marriage Act (DOMA) is unconstitutional. The federal appeals court issued the 2-1 ruling, holding that "classification of same-sex spouses was not substantially related to an important government interest" and violated the Equal Protection clause of the U.S. Constitution. The U.S. Supreme Court is expected to hear the case next year. 

Click here for more information. 

For representation, please contact Glickman Turley LLP at 617-399-7770.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

SJC Ruling: Domestic Partnership Equivalent of Marriage in Mass.

The Massachusetts Supreme Judicial Court (SJC) ruled that a California registered same-sex domestic partnership (RDP) is the equivalent of marriage in Massachusetts in Hunter v. Rose. Hunter and Rose each bore a child during their partnership and under Massachusetts law, "children born into a legal spousal relationship are presumed to be the children of both spouses. Moreover, any child born as a result of artificial insemination with spousal consent is considered to be the child of the consenting spouse." Since parties to RDPs have identical responsibilities and rights as those to marriage, the lower court did not err in awarding physical custody and attorney's fees to Hunter. Click here to read the opinion. 

For representation, please contact Glickman Turley LLP at 617-399-7770. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

AG Coakley Files Brief Arguing Against DOMA

The Boston Globe reported that Attorney General Martha Coakley filed a brief with the U.S. Supreme Court to uphold a decision by the First U.S. Circuit Court of Appeals that struck down parts of the Defense of Marriage Act (DOMA) because the law violated equal protection rights. Coakley said in statement, "The Defense of Marriage Act is a discriminatory and unconstitutional law that harms thousands of families in Massachusetts and takes away our state's right to extend marriage equality to all couples." DOMA defines marriage as a union between one man and one woman. Even in states where same-sex marriage is legal, DOMA prevents same-sex couples from qualifying for federal marriage benefits. If the U.S. Supreme Court selects this case, it will be the first time the Court will review a question related to same-sex marriage.

Click here to read the story.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Same-Sex Spouses and Immigration: Obama Administration Strives to Change Discrimination

The Obama administration continues to make strides to change long-standing discrimination in immigration law. Read about the suspension of deportation/removal of an illegal Irishman married to his US citizen husband. It is important to note that as this point no particular DHS has not granted any immigration benefits to same-sex spouses of US citizens, however, this case and others show that DHS may close removal proceedings in certain cases. We eagerly await more changes in policy that will allow same-sex spouses of US citizens to be successful in their affirmative applications for immigration relief for their spouses. Until then, contact our attorneys to to schedule a consultation and learn about current policy as related to LGBT issues and immigration law.

http://www.irishcentral.com/news/Gay-married-illegal-Irishman-has-his-deportation-suspended--163155386.html#ixzz21AWESfdw


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Federal District Court in New York Holds DOMA Unconstitutional

The U.S District Court in the Southern District of New York found that the Defense of Marriage Act (DOMA) is unconstitutional, taking its cues from a recent First Circuit decision holding the same.

Edith "Edie" Windsor and the late Thea Spyer married in 2007 in Canada after living together for 44 years. Spyer died in 2009, leaving her property to Windsor. In a heterosexual marriage, the decedent's estate would have passed to the spouse without any estate tax. Here, Windsor had to pay over $363,000 in estate taxes because DOMA prevents the recognition of same-sex marriages for federal purposes.

For more on this story, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Appeals Court Rules on Prop. 8 in California

The Ninth U.S. Circuit Court of Appeals upheld its decision that Proposition 8, the law banning same-sex marriage in California, violates due process and equal protection.

The decision today stated, "Proposition 8 serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California," and "The constitution simply does not allow for laws of this sort."

Supporters of the same-sex marriage ban have vowed to appeal to the U.S. Supreme Court. The U.S. Supreme Court could agree to hear the case when its session begins in October 2012. 

For more on this story, click here. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

DOMA is Unconstitutional, Says 1st Circuit Court of Appeals in Boston

The 1st Circuit Court of Appeals in Boston ruled that the Defense of Marriage Act (DOMA) is unconstitutional. DOMA is a federal law enacted in 1996 that defines marriage as the legal union between one man and one woman. The 1st Circuit Court of Appeals held that "a law that denies a host of federal benefits to gay married couples" is discriminatory, according to The Boston Globe.

President Obama announced in 2011 that the U.S. Department of Justice (DOJ) would not defend DOMA and whether it is constitutional in court. House Speak John Boehner led an effort to organize the Bipartisan Legal Advisory Group to defend DOMA in place of the DOJ.

For more on this breaking story, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.  

Massachusetts Marks Eighth Anniversary of Goodridge case

Massachusetts became the first state to legalize same-sex marriage eight years ago in the historic case Goodridge v. Dept. of Public Health, 798 N.E.2d 941 (Mass. 2003). MassEquality, a group that promotes marriage equality and the protection of LGBT rights, said 18,462 same-sex marriages have taken place in Massachusetts since May 17, 2004. For more on this story, click here. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Rhode Island Gov. Announces Recognition of Out-of-State Same-Sex Marriages

CBS News reports that Governor Lincoln Chafee announced that Rhode Island will recognize out-of-state same-sex marriages, signing an executive order on Monday in a ceremony at the State House in Providence. Gay marriage is currently illegal in Rhode Island, but civil unions are allowed. The executive order paves the way for gay couples to be afforded the same legal rights as enjoyed by heterosexual couples. Gov. Chafee does not expect gay marriage to pass in the Rhode Island legislative session, but expressed that President Obama's announcement that he supports gay marriage is "positive momentum".

For more on this story, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters. 

Lawsuits Challenging DOMA Are Filed in Appeals Courts

The New York Times and GLAD (Gay and Lesbian Advocates and Defenders) reported that today the United States Court of Appeals for the First Circuit in Boston will hear arguments in a case challenging the Defense of Marriage Act (DOMA) as unconstitutional because it prevents same-sex couples married in Massachusetts from qualifying for federal benefits. 


DOMA was enacted in 1996. The New York Times article stated that the Obama administration pledged in February 2011 that it would not defend the "central provision of the marriage act" in courts because it is "unconstitutionally discriminatory" but will challenge arguments with respect to other claims in the case. The House of Representatives has appointed a conservative group to defend DOMA in court. 


Meanwhile, Immigration Equality, a group that advocates for gay rights focusing on immigration law issues, filed suit in the United States District Court for the Eastern District of New York on Monday, on behalf of five legally married same-sex couples challenging DOMA "based on its effect on gay or lesbian immigrants who want to gain legal residence through marriage to American citizens." The complaint recounts the stories of the five couples, most of whom are facing expiration of their temporary visas. For more on this story, click here. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.   

New Hampshire Same-Sex Marriage Law Faces Challenges by State GOP

The Wall Street Journal's Law Blog reported that Republican lawmakers in New Hampshire are pushing to repeal the state's same-sex marriage law. The bill would define marriage as a "legally recognized union between one man and one woman" and would allow for civil unions defined as "a contractual agreement that provides reciprocal benefits and obligations to the parties of the agreement."


If the bill passes, Governor John Lynch (D) has promised to veto it. However, the Republicans still would be able to overcome the veto since they control both the state House and Senate. New Hampshire could become the first state to repeal a same-sex marriage bill. 


There are some members of the GOP in New Hampshire who are concerned about the potential backlash from repealing the same-sex marriage law and would rather focus on cutting spending and other pertinent issues. The New Hampshire House will need to vote by March 29, 2012, before it can be sent to the state Senate. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

New Jersey Senate Votes To Approve Same-Sex Marriage

The New York Times reported that the New Jersey Senate voted to legalize same-sex marriage after a similar bill failed two years ago. The measure passed 24 to 16. The State Assembly will vote on the same-sex marriage bill Thursday, February 16, 2012. If the measure passes, Gov. Chris Christie, a Republican, has promised to veto it and supports putting the issue to a referendum. 

If Gov. Christie vetoes the bill, the New Jersey state legislature would be able to override the veto with approval of two-thirds of the state House and Senate. 

Seven states and the District of Columbia have legalized same-sex marriage, including Washington state where Gov. Chris Gregoire signed the bill earlier this week. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

House of Representatives in Washington State Vote Today on Same-Sex Marriage Bill

The Washington state House of Representatives will open the floor for debate this afternoon on the same-sex marriage bill that passed a week ago in the state Senate. 


Reuters has reported that the bill is expected to pass in the House where Democrats hold a big majority. The bill passed the Senate, which is also controlled by the Democrats, on a 28-21 vote. Gov. Christine Gregoire promised to sign the Washington state same-sex marriage bill after it clears the House, with "some speculat[ing] would lead to its enactment next Tuesday, Valentine's Day." Same-sex partners will be able to get married on June 7, 2012. 


However, opponents of same-sex marriage vowed to initiate the process to overturn the legislation should it pass by gathering the required number of signatures (241,153) from registered voters by July 6, 2012 in order to qualify for the November 2012 ballot. Washington voters would then have an opportunity to cast their vote either for an initiative that would either restrict the definition of marriage as between one man and one woman or a referendum for repeal of the same-sex marriage bill - a situation reminiscent of California's Proposition 8. The a 3-judge panel in the 9th Federal Circuit Court of Appeals ruled yesterday that Proposition 8 is unconstitutional - a ruling that could help supporters of same-sex marriage if the Washington state legislation is overturned by voters and challenged in court. 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.