New Jersey - Still no need to redefine marriage

Recent Cases

New Jersey Governor Corzine should not legalize same-sex marriage.

AS EXPECTED from a panel stacked with same-sex activists, the Civil Union Commission issued a report last week saying that its members believe civil unions are a failure.

What is their conclusion based on? Seven substantive complaints -- from among the 2,400 same-sex couples who have entered into civil unions in New Jersey. They complain about the failure of New Jersey employers based out of state to provide benefits to partners in civil unions. Those companies say that the federal Employment Retirement Income Security Act, which regulates the provision of benefits to employees, does not require them to provide expensive health benefits to same-sex couples.

Activists claim there are more complaints, including insinuations that hospitals have denied visitation – an accusation that an official from the New Jersey Hospital Association insists is absolutely false. Other additional claims are unofficial and unsubstantiated. The majority of complaints cited by the activists do not deal with rights being denied, but rather gripes about how same-sex couples have to explain themselves to other people.

The commission also says that employers in Massachusetts are more likely than those in New Jersey to voluntarily provide health benefits to same-sex couples simply because the law gives their unions the title marriage. This contention is completely anecdotal, as noted in an article last week on the New Jersey State Bar Association Web site.

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USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

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