The following is quote from JENNIFER M. KINSLEY, Counsel for Plaintiffs American Online Dating
Association and Mark Strickler
"First, it is not at all clear that the instance
of domestic violence in marriages between an American male and an international female is higher
than in purely domestic unions. In fact, data compiled by the government suggests otherwise. While
the reported percentage of all American relationships that contain physical abuse is roughly 7%, only
1% of international marriages for which the immigrant spouse was denied conditional entry resulted
in confirmed violence. See Scholes Report. Thus, it appears that domestic abuse is actually more
likely to occur in a marriage between two Americans than between an American and an alien. In
addition, assuming arguendo that there exists an abuse problem within international relationships,
there is nothing to suggest that international match-making websites contribute to that abuse. Even according to the highest figures in the government-commissioned report on the industry, “mail order
bride” websites account for less than 5% of spousal immigration annually, meaning that most international spouses are matched through other means. Id. In addition, the male clients of these
websites tend to be well-educated, financially stable, and in favor of family values, thus making them
less likely to abuse their wives than other, less secure men. Id. Thus, there is no evidence to prove:
1) that domestic violence against immigrant women is a compelling governmental concern,
particularly given the higher abuse rates in American marriages; and 2) even if immigrant abuse is
a problem, that international marriage brokers are the cause, in part or in whole, of that problem.
Moreover, the fact that the government has left whole categories of relationships unregulated
undercuts the government’s stated interest. Totally excluded from IMBRA’s requirements are
websites that are non-profit or are religious in nature, absent any evidence that these businesses
contribute to the instance of domestic violence to a lesser degree. In fact, as high-profile cases and
recent reports suggest, the rate of domestic abuse may actually be higher in certain cultures and
religions. See, e.g., Rhonda Roumani, Study Reveals Domestic Abuse is Widespread in Syria,
Christian Science Monitor, April 25, 2006, available at http://www.csmonitor.com/2006/0425/p04s01-wome.html; “Perfect Wife” Confessed to Murder, Covenant News Wire Service, March 27,
2006, available at http://www.covenantnews.com/newswire/archives/019689.html. Also exempt
from the Act’s disclosure provisions are domestic match-making sites, despite the fact that the rate
of physical abuse in American marriages is higher that the rate in international marriages, thus
making it more likely that a relationship originating from one of these websites will end in abuse.
And the statistically most likely culprit of domestic violence in the United States -- American men
who marry American women of their own accord -- are not touched at all by IMBRA. Thus, the Act
leaves significant gaps in terms of the people and entities it regulates in an attempt to eradicate abuse, undercutting the government’s assertion that violence prevention is the goal of IMBRA".
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