May 22, 2013

       

Arizona’s Attack on Birthright Citizenship

The political right wing – the popular crazies – of the United States is going even crazier. This is nothing new for Arizona, a state with a politically significant immigrant community and also the birthplace of SB-1070. This law has created job losses, intolerance and the most jokes about Arizona since the demise of Congressman Mo Udall, a man who could make funny jokes that everyone could enjoy and only offended politicians. Now the political right wing of the United States wants to change the Fourteenth Amendment of the Constitution of the United States. These sworn defenders of the Constitution don’t like the fact that it grants citizenship to all persons born in the United States.

These same crazies profess to be Christians; perhaps they also intend to change the gospel of Jesus Christ.
“Let the little children come to me, and do not hinder them, for the kingdom of God belongs to such as these.” (Mark 10:13).
Perhaps they want the gospel changed to read “for the kingdom of God belongs to them, but not in the State of Arizona.” Their vision of these children is that they are bad for America and bad for Arizona. These politicians are wrong.

The Fourteenth Amendment says in its apparently offensive language: “All persons born…in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside”. This birthright offends the right wing crazies. They have visions of white Canadians crossing the border by the millions to acquire U.S. citizenship for their children. Oops! Forgive me my Canadian friends, my mistake, the crazies are not worried about white persons entering the United States, they are worried about people of color, Mexicans and Central and South American women with brown skin entering the United States for the purpose of giving birth in the United States.

Of course the crazies know that this giving birth is not a reason for coming to the United States, most people who cross the desert don’t come to give birth in the United States. That’s ridiculous. They come to work. They are hired by Americans in Arizona and every state in the Union to work for low wages as they are hard workers that are seeking the American dream for themselves and their children.

The crazies appear upset because the idea makes them appear as the defenders of “white” America. I say “white” America in quotes because the people that support and vote for these crazies are not only white anglo-saxons. They are supported by people of all colors and national origins that have come to believe that they are equal in “white” America because they have the papers required to live in the United States. Make no mistake, to these crazies even the documented immigrant is not equal, but it makes them feel good to believe that they are equal in the eyes of the crazies. The crazies then get votes and get power to do even crazier things. Remember this is how Hitler came to power, proposing crazy ideas that appealed to enough voters. It was this same attitude that created Nazi Germany. Scary, no?

Quick! Get Divorced Before You Win the Lottery

Happy Friday! This is the first in our blog series by Fernando Gaxiola, attorney in Tucson for almost thirty years. Send us your questions on Monday and watch for his answers on Fridays.

This Week’s Question:
My husband and I separated years ago but never got divorced. Our arrangement seems to be just fine. Is there a good reason why I should get divorced instead of just leaving things as they are?

The Answer:

            Another rea$on for getting divorce

            Divorce is not for everyone.  It is not a good idea.  Resist it!  Avoid it! Get out of the way!  Unless, of course, there is no other way.  I know it’s not a good idea from personal experience.  I have been divorced three times.  Ouch!  Yes, some people never learn.

            But, if you separated and the break appears permanent, you probably should get divorced.   People who separate avoid divorce to save money or to avoid the hassle or, one last desperate hope, think that they will reconcile.  But consider the stories of people who have won the lottery or other big prizes when separated.  Guess what?  The spouse wants his/her share.  In most states the spouse, separated or not, is entitled to half  or an equitable portion (usually half) of the other spouse’s earnings during the marriage.  This includes lottery and sweepstake winnings.  Here’s a couple of stories from recent newspaper articles.

            Last year, a British lottery winner had to give his long gone wife about three million dollars.  The couple had been separated for over 10 years.  She had left him for another man.  No matter, now with her husband’s millions she can travel around the world in the company of the other man.  That has to hurt.  Now they are divorced.

            And more recently a woman in Idaho probably being too busy to get a divorce or thinking the divorce process was too expensive just separated from her husband instead of getting a divorce.  She separated from her husband after incidents of violence that left them both bloody and charged with assault.  Then she won 90 Million dollars in the Idaho lottery.  Guess who came home?  Yes, her ex-husband.  He wants his share of the winnings, more or less one half of the 90 Million dollars under current Idaho law.  Now the woman will pay thousands of dollars in attorney fees and perhaps millions of dollars in a quicker settlement.  Mamma mia!  That probably hurts more than all the beatings.

            True, money is not usually a good reason for a divorce.  But saving some money today only to give it away later to your long gone spouse makes no sense.  If you are not divorced, your spouse has a claim on all of the assets you acquire during the marriage, even lottery winnings.  Your long gone spouse will inherit most of your assets in case you die – spouse likely take precedence over any will you make giving your assets to your current unmarried domestic partner or other family members.

            So there you have it, one more reason to file for divorce now instead of later.  If you are separated and unlikely to get back together, get divorced before you win the lottery!  I wish you all win the lottery (after me).

– Fernando

Disclaimer: This column is presented for informational and entertainment purposes only. It is not legal advice and should not be taken as legal advice.  If you require legal advice please consult an attorney.

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