Twice a year, in February and September, New York City hosts Fashion Week: an eight-day long fashion extravaganza. According to The New York Times, New York Fashion Week presents approximately 320 shows and hauls in over $860 million for the City (more than the US Open, the marathon, or Super Bowl). Fashion Week is the culmination of months of work for not only designers, but also for many other artists and contributors, including supremely talented producers, hairstylists, makeup artists, nail artists, fashion stylists, set designers, DJs, and models, all helping to make these shows works of art. We always love an invite to a show whether for our clients or designers we admire. For buyers and editors the shows mark the beginning of their work for the next season, but luckily for us we can sit back and enjoy the shows solely for their fashion and artistic merits.
I attended two shows: the Jill Stuart show, held in the Tents at Lincoln Center, and the Marc Jacobs show at the Armory. I also watched MADE Fashion Week at Milk Studios from afar (okay, from our offices across the street).
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Last week my colleague Matt Bray described the history of the Defense of Marriage Act (DOMA) and background to the Windsor decision overturning DOMA. As a followup to that post and also inspired by the helpful Q&A on the US Citizenship & Immigration Services (USCIS) website, this post aims to provide some practical answers to commonly asked immigration-related questions in the aftermath of the decision.
Given the previous record of treatment by the US government and USCIS, some same-sex couples are understandably cautious about moving forward. That said, the US government has made it clear that same-sex married couples can (and should) expect equal treatment under the law. Practically, though, what does that mean?
My partner and I have entered into a civil union. Is that the same as a marriage for immigration purposes?
No. Only legal marriages are considered for immigration purposes. For the marriage to be legal, the marriage must have taken place in a jurisdiction (i.e., a US state or foreign country) where same-sex marriage is legal.
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The June 2013 Supreme Court decision United States v. Windsor, overturning a key provision of the Defense of Marriage Act (DOMA), is of historic importance for same-sex married couples in the United States and is undoubtedly a major legal victory for the American LGBT rights movement. With Section 3 of DOMA struck down, we have seen rapid change in the legal treatment of married same-sex couples, including under immigration law. In this (somewhat academic and lawyerly) post I look at how DOMA came to be, examine the Windsor decision in detail, and consider its broader impact. In a separate future post my colleague Liz Brettschneider will answer some practical questions for couples whose immigration cases are affected by the Windsor decision.
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