Comments on: New class-action lawsuit challenges DOMA as applied to immigration

By: Jennifer Walter

Jennifer Walter — Thu, 20 Sep 2012 03:56:03 +0000

How could something that violates due process get implemented in the first place? I sure hope the Human Rights Center has a good class action lawyer. They're going to need all the help they can get.

By: Prop 8 Trial Tracker » Same-sex binational spouses challenging Section 3 of DOMA seek preliminary injunction against their removal or detention

Fri, 24 Aug 2012 17:34:27 +0000

[...] v. Napolitano is a challenge to Section 3 of the Defense of Marriage Act that was filed in July by the Center for Human Rights and Constitutional Law. It is a class-action [...]

By: Michelle Evans

Michelle Evans — Sat, 14 Jul 2012 01:34:46 +0000

The couple lives not far from Cherie and I here in Orange County, one of the most conservative bastions in the U.S. It's great to see this sort of case come out of The OC, but so very sorry that they are even having to do this in order to keep their marriage together. It has been getting a lot of local press coverage, which is again a very good thing to let people know this sort of discrimination exists. The lawyer was being interviewed yesterday on the radio and he stated the simple fact of this case that if they were a heterosexual couple this would never be a question. If that doesn't show that LGBT people require heightened scrutiny, I don't know what does.

By: Mike in Baltimore

Mike in Baltimore — Fri, 13 Jul 2012 23:31:16 +0000

Pennsylvania does not allow heterosexual first cousins to marry, but if they legally marry in another state (such as Maryland), then move to Pennsylvania one day, one week, one year, one decade later, Pennsylvania recognizes them as a married couple. Many 'wedding chapels' along the Maryland/Pennsylvania state line can give multiple examples of people who were first cousins they married from Pennsylvania who immediately moved back to Pennsylvania, and their marriage was recognized by Pennsylvania.

Common law marriage of heterosexual couples was legal in Pennsylvania until 2000 (the state thought it had eliminated it several years earlier, but found out it had not). If a couple had legally formed a common law marriage in Pennsylvania during the 20th century, then moved to California, their marriage would be recognized as legal in California, as it was legal under the laws of the state of Pennsylvania when formed.

There was a case about a decade ago in Iowa, where a woman from the Middle East (Saudi Arabia, I believe) was in a marriage with a husband who had four wives (and she was not the first wife). There was a long discussion as to whether she could get a divorce in the US (or even if her marriage would be recognized in the US), or it had to be done in the 'home country'. I believe the hearing judge ruled that he could hear the case, and if the evidence showed necessary, he could issue the divorce. I believe he issued divorce documents, but I have no idea how any appeals went.

The key seems to be not if such a marriage is legal in the state of current residence, but was it legal in the state where formed.

By: MightyAcorn

MightyAcorn — Fri, 13 Jul 2012 21:37:36 +0000

Re: the CA marriage license, the State wasn't "convinced" of anything, couples provide the data about previous marriages under oath on the marriage license application and the State takes them at their word (and people lie all the time, sadly.) The State doesn't verify or research the info, unless a divorce became final in the last 90 days to 2 years (depending on the county.) Incorrect data is usually only challenged after the fact, either by a private party or law enforcement action to invalidate the marriage. This could be an issue if Ms. DeLeon suspected she was still married when she applied for the CA marriage license…that's a big fat felony no-no.

By: Don

Don — Fri, 13 Jul 2012 20:56:46 +0000

A little bit of information about the Immigration Courts: First, they are NOT Article 3 Courts; they come under the Executive Branch. Immigration Judges now come under the Homeland Security office. Immigration law is filled with all kinds of "use of discretion" provisions. The Head of the Executive Branch (Pres. Obama) has told the people in the Executive Branch to "use discretion whenever possible (or words to that effect). Many of the Immigration Judges in California have been granting "continuances" to the next available Court date. The Immigration Courts are so backlogged that the "next available court date" is usually 2-1/2 to 3 years down the road. During this time the bi-national couple can stay together in the US.
I hope this gives some new information on immigration in California.

By: Larry

Larry — Fri, 13 Jul 2012 20:08:44 +0000

I'm not an expert on it, but from what I found online (a) California does recognize common law marriages performed in jurisdictions that do recognize them (the websites I saw said it about common-law marriages in other states like Colorado or Iowa, but I think it would apply to other countries too), (b) whether a marriage is common-law or documented, it needs a formal divorce granted by a court, and (c), there's also the question of whether independent of California, the federal government recognized the common-law marriage when she immigrated. That seems to be the core of why they're accusing her of lying when she first entered the country.

Admittedly, she got a marriage license in 2008 from California, so California at least must have been convinced that she was single and no longer common-law married.

Also, we don't know enough about her life to ascertain how California, the Phillipines, and the US federal governments view her previous and current marriages.

By: karen in kalifornia

karen in kalifornia — Fri, 13 Jul 2012 19:50:37 +0000

This couple lives in California. There is no common law marriage in CA. Don't know if DeLeon and her then Pilipino common law husband came to CA when they came to the US. Still, no common law marriage recognized in CA so no "divorce" needed.

By: Sagesse

Sagesse — Fri, 13 Jul 2012 19:26:46 +0000

Re you point 1 – I don't think you need a divorce to end a common-law marriage… You just end it. Anyone else know?

By: Sagesse

Sagesse — Fri, 13 Jul 2012 19:23:49 +0000