Saturday, May 7, 2011

More Steps On The Road To Recognition Of Homosexual Marriage

Eric Holder and the Obama Regime continue their march to homosexual marriage, this time in the immigration arena. This is not their first attempt. Earlier there was a false start where U.S. Citizenship and Immigration Services suddenly, inexplicably, and illegally started to accept applications for adjustment of status by aliens based on homosexual marriage. This effort was quickly and just as inexplicably ended.

The new effort is an order from Holder to halt the deportation of an illegal alien in a domestic partnership with an American.

Today, Attorney General Eric Holder has vacated a deportation order of an individual that is in a same-sex civil union with a United States citizen. General Holder has specifically ordered the case to be remanded to the Board of Immigration Appeals (BIA) for the purpose of determining the constitutionality of the Defense of Marriage Act (DOMA), as it relates to obtaining benefits under the Immigration and Nationality Act (INA).

General Holder has specifically ordered the BIA to determine:
  1. whether a same-sex partnership or civil union qualifies an individual to be considered a “spouse” under New Jersey law;
  2. whether absent the requirements of DOMA, a same-sex partnership or civil union would otherwise qualify an individual to be considered a “spouse” for immigration purposes;
  3. what, if any, impact the timing of an alien's civil union should have on a request for discretionary relief from deportation; and
  4. whether a non-citizen that is in a same-sex partnership or civil union with a United States citizen has a “qualifying relative” for immigration purposes in order to satisfy the exceptional and unusual hardship requirement for cancellation of removal.
Interestingly enough, the author points out that the BIA has no authority to interpret the Constitution:

Although this is a groundbreaking decision, it should be pointed out that the Board of Immigration Appeals generally does not rule on constitutional issues and questions of law, and must apply the existing law of the land at the time of the review. It would have been much more comforting to see the Attorney General render a decision that specifically states that noncitizens in same-sex civil unions with United States citizens are considered a "spouse" for immigration purposes, and are fully entitled to obtain immigration benefits as a result of such union.

In basic terms, the Attorney General punted on the issue.That being said I am cautiously optimistic that we may have just seen the very first step in the long journey towards the provision of immigration benefits for same sex civil unions.

But the point of import aside from the campaign to validate and legalize homosexual marriage is that this is just another assault on the Constitution by Holder and the Obama Regime. The Constitution stands athwart the effort to impose homosexual marriage administratively, as homosexual marriage and domestic partnerships are specifically prohibited from recognition by legislation. Just as the Obama Regime has failed to obtain legislation for an amnesty for illegal aliens, it has failed to obtain legitimation of homosexual marriage. However that has been of no import to them. The Constitution is of no import to them. The Obama Regime only has an agenda, and it is amnesty and homosexual marriage. And their strategy is to impose it by executive fiat.


Daniel said...

That is great information. Thank you

I still can find the answer to my question and I was wondering if you could help me. My partner and I are thinking about applying for a Domestic Partnership in NJ. the only problem is, I am an immigrant and I don't have my SSN. Is it still possible for us to get a DPS?

Thank you.

Federale said...

Do you need an SSN to get a domestic partnership? What State are you in? Are you gay? Is your partner a hot Asian chick? Inquiring minds want to know.