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Judge won't order Venezuela to recognize Massachusetts single-sex couple's wedding
By adamg on Mon, 05/08/2017 - 12:11pm
A federal judge today dismissed a lawsuit against Venezuela by a Venezuelan national and his Massachusetts husband seeking to have their marriage recognized by that country's government.
Carlos Javier Holder Wendell had sued the Venezuelan government last August, seeking to force its consul in Boston to formally recognize his marriage so that he and his husband could visit relatives in that country, which would be impossible without recognition of their marital status because Venezuela no longer issues tourist visas to Americans. He also sought $10 million in damages.
US District Court Judge Indira Talwani ruled today, however, that foreign governments are normally immune from lawsuits in US courts. Talwani acknowledged Holder Wendell's argument that foreign governments can be sued for personal injuries caused by "non-discretionary and tortious acts or omissions," but said Holder Wendell failed to "invoke any cognizable state or federal statute or principle of common law sounding in tort entitling him to relief under the circumstances described."
Free tagging:
| Attachment | Size |
|---|---|
 Complete judge's ruling | 134.18 KB |
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Comments
From what I've been hearing
I'm not even sure Venezuela has $10 million at the moment.
idk
didnt they steal a GM plant? thats probably worth some $
location location location.
location location location.
it only has value if they put it on a ship and move it to you.
They solved the income
They solved the income inequality problem by making everyone poor. Communism destroys wealth like nothing else except maybe celebrity.
No jurisdiction- sounds right
We can no more apply American laws to Venezuela than Venezuela can force the US to abide by their laws (in the United States, not in Venezuela of course.)
I mean, can I go to Australia and sue Massachusetts to give me Australian quality health care? Heck no.
it's not that simple
Foreign states are mostly immune to being sued in US courts. However, federal law does allow certain exceptions under which one can bring suit against a foreign state, like terrorism and cases involving foreign commercial property in the United States.
That was why this suit was dismissed, the judge stated that the plaintiff didn't demonstrate that one of those exceptions applied.
Also, this may be of interest to you.