Gay marriage in USA / Foreign Laws

  • Dangow_exBR

    Posts: 71

    Mar 04, 2013 11:22 PM GMT
    Hi guys, what's up?
    This topic goes to people from USA or people who knows about the subject. LOL icon_biggrin.gif

    I was wondering how is the laws related to the Gay marriage in USA, for example, in New York City? I mean, I know that some states in USA accepts the same-sex-marriage but what I don't know is how the laws and rights works on it, considering myself a person from other country than USA?

    By marrying some American I would get all rights like him, even being able to live in the country forever and also has the permission to work there? How long this process takes? Or it's still not allowed that for people of the same sex?

    Thank you very much!
    Cheers.
  • TheBizMan

    Posts: 4091

    Mar 04, 2013 11:26 PM GMT
    You are not treated the same way as straight couples because marriage, for federal purposes, is defined as being between one and and one woman. Therefore despite marrying someone in a state where same sex marriage is legal, you would not be afforded the rights you listed. You can blame the Defense of Marriage Act for this inconvenience as well as our laws on immigration.

    I believe this is the case as of now.
  • Dangow_exBR

    Posts: 71

    Mar 04, 2013 11:32 PM GMT
    TheBizMan saidYou are not treated the same way as straight couples because same-sex marriage, for federal purposes, is defined as being between one and and one woman. Therefore despite marrying someone in a state where same sex marriage is legal, you would not be afforded the rights you listed. You can blame the Defense of Marriage Act for this inconvenience as well as our laws on immigration.

    I believe this is the case as of now.


    Wow, I didn't knew that. That's ridiculous. :/
    I though nowadays I could have at least almost the same rights of a straight marriage. It's hard to imagine not being able to live in the same country as the person you got married, as well not being able to work.

    Thanks for the help, tho.
  • MiamiRealJock

    Posts: 78

    Mar 04, 2013 11:38 PM GMT
    I just wrote an article about a couple, Laurie and Caroline, who did legally marry in the state of Massachusetts but because of the Defense of Marriage act of 1996, they are not legally recognized by federal law. There are over 1200 federal benefits they do not receive because of this law. Another complication of DOMA is that Laurie, an American citizen cannot claim Caroline Hart, a British citizen, as her wife and begin the process of getting a green card. In fact she has been forced to fly back to the UK after 6 months then return again so she doesn't violate her visitors VISA. Unfortunately her VISA was revoked and she will not be permitted to return the US with her son again. Sadly there are thousands of bi national couples affected by this issue and it is just one of thousands of benefits unfairly restricted from gay and lesbian people.

    Currently the US Supreme court is going to take up the constitutionality of DOMA in March and will rule on the case sometime in June. If they rule that DOMA is unconstitutional, the couple will be able to apply for a visa through lawyers the following day. Hope this helps. I provided the article below.


    http://thegailygrind.com/2013/02/25/doma-a-love-story-interrupted-the-love-story-of-laurie-caroline-hart/
  • Dangow_exBR

    Posts: 71

    Mar 04, 2013 11:44 PM GMT
    MiamiRealJock saidI just wrote an article about a couple, Laurie and Caroline, who did legally marry in the state of Massachusetts but because of the Defense of Marriage act of 1996, they are not legally recognized by federal law. There are over 1200 federal benefits they do not receive because of this law. Another complication of DOMA is that Laurie, an American citizen cannot claim Caroline Hart, a British citizen, as her wife and begin the process of getting a green card. In fact she has been forced to fly back to the UK after 6 months then return again so she doesn't violate her visitors VISA. Unfortunately her VISA was revoked and she will not be permitted to return the US with her son again. Sadly there are thousands of bi national couples affected by this issue and it is just one of thousands of benefits unfairly restricted from gay and lesbian people.

    Currently the US Supreme court is going to take up the constitutionality of DOMA in March and will rule on the case sometime in June. If they rule that DOMA is unconstitutional, the couple will be able to apply for a visa through lawyers the following day. Hope this helps. I provided the article below.


    http://thegailygrind.com/2013/02/25/doma-a-love-story-interrupted-the-love-story-of-laurie-caroline-hart/


    That's super sand and stupid, man. I don't get the reason for all those rules. icon_sad.gif
    De qualquer forma, muito obrigado. Vou dar uma lida no artigo.
  • MiamiRealJock

    Posts: 78

    Mar 04, 2013 11:57 PM GMT
    The good news is that it seems that the Supreme Court will strike down DOMA by what some say will be a one judge majority. The question is how far will they go in striking down the law. Will they say that all laws against gay marriage are unconstitutional or will they leave it up to the states to decide for themselves. There are currently dozens of states with constitutional amendments defining marriage as between one man and one woman.