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Man sues to get government to recognize his same-sex marriage - the Venezuelan government
By adamg on Tue, 08/16/2016 - 1:54pm
A Venezuelan man living on the Cape has sued his homeland in Boston federal court because the Venezuelan consul in Boston won't recognize his marriage to another man.
In his lawsuit, filed this week, Carlos Javier Holder Wendell, says US District Court in Boston is an appropriate place to contest the actions of a Venezuelan government official because he currently resides in Massachusetts and the Venezuelan government has stopped issuing tourist visas to American citizens - such as his husband - so the couple cannot visit family there if the consul won't recognize their marriage and grant a spousal visa. And even if he could get into the country, it's in such a state of chaos that going there to have their marriage recorded would require bringing huge sums of money with them.
Holder Wendell says Venezuelan courts have given same-sex couples the right to marry in Venezuela and is asking a judge here to award him $10 million in damages, plus legal fees.
Free tagging:
| Attachment | Size |
|---|---|
 Complete complaint | 507.27 KB |
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Comments
IANAL, but...
I can't imagine US courts have jurisdiction over the Venezuelan consulate. I think this is destined to be dismissed quickly.
You are not a lesbian?
That's ok dear. Nobody is perfect.
It's ironic
because down in Venezuela, Maduro is f__cking pretty much every person in the country outside of his inner circle.
He may have a case
I read through his complaint. I think some of the claims may stretch the laws, but don't get too far away from them. He may have a case if he can get through Jurisdiction, but that seems pretty good too. I can't wait to see what the Government's response will be!
There's no case
One country cannot force its laws on another country. Image if the United States, whose only laws on marriage on the federal level concern polygamy, were forced to accept the definitions of marriage that exist in Saudi Arabia, you know, just because.
Personally, I want to see the Canada forced to use the imperial system of weights and measures. I'm sick and tired of trying to figure out kilometers and Celsius when I head north. I guess if this case succeeds, I will start driving 100 MPH in Canada and sue if I get stopped for speeding.
Looks to me in his complaint
Looks to me in his complaint that he is not looking to enforce US law in Venezuela, but to collect damages from or punish Venezuela for not following their own laws and their treaties. Did you read it?
The US courts....
... are not the proper forum for a suit of this sort. This involves a dispute between the citizen of another country with their own nation, over the application of that nation's laws. In fact, the Supreme Court has held that foreign nationalsw can not even sue foreign corporations over conduct that did not take place in the US: http://www.lexology.com/library/detail.aspx?g=3283a954-3ea8-495e-a511-57...