Gay married couple sues after daughter denied U.S. citizenship

[jpljr77]

A gay married couple in Maryland is suing to challenge the State Department's refusal to recognize the U.S. citizenship of their infant daughter, who was born in Canada to a surrogate mother this year.

The federal lawsuit, filed Thursday, says a State Department policy unlawfully treats the children of married same-sex couples as if they were born out of wedlock.

The plaintiffs, Roee and Adiel Kiviti, had their first child, Lev, in 2016; he was born in Canada via surrogacy and has had U.S. citizenship since birth. However, their second child, Kessem, was born in 2019, after the Trump administration began enforcing the Immigration and Nationality Act's provision that children born "out of wedlock" do not automatically obtain U.S. citizenship.

The State Department's application team has in several cases categorized the children of same-sex couples that use fertility services, like sperm donors and surrogacy, as born "out of wedlock." An attorney for the Kiviti family says their suit is at least the fourth such case to challenge the policy.

https://www.nbcnews.com/feature/nbc-out/gay-married-couple-sues-after-daughter-denied-u-s-citizenship-n1053161

This is a terrible story from a LGBTQ rights standpoint, and I have no doubt that the administration is trying to "punish" same-sex couples. But we have a law, any law, on the books that treats "out of wedlock" kids differently?!?!? Is this 1952? WTF?

[RKP5637]

1. Damn I hope they win. This is outrageous. What a horrible country the US has become and it's

getting worse with this mentally deranged asshole in the White House!

[mahatmakanejeeves]

2. Hmmm. This story sounds familiar. Oh, that's because:

Gay couple sues over US refusal to recognize kid as citizen

Gay couple sues over US refusal to recognize kid as citizen

ATLANTA (AP) — A same-sex couple in Georgia said in a lawsuit filed Tuesday that the U.S. State Department is unconstitutionally refusing to recognize their daughter's rightful American citizenship.

The State Department's policy treats married same-sex couples as if their marriages do not exist and treats them differently from married straight couples in violation of the law and the Constitution, according to the suit filed in federal court in Atlanta. It was filed on behalf of Derek Mize and Jonathan Gregg, whose daughter Simone was born in England in July 2018 via surrogate.

Both men are U.S. citizens and are listed as her parents on the birth certificate. But because only one has a biological connection to her, the lawsuit says, the State Department is treating her as if she was born outside of marriage, triggering additional conditions for the recognition of her citizenship.

A State Department spokesperson declined to comment, citing pending litigation.

A child born abroad to married U.S. citizens is automatically a U.S. citizen as long as one parent has lived in the U.S., the lawsuit says. But there are additional requirements if the parents are not married or if only one is a U.S. citizen.

https://www.msn.com/en-us/news/us/gay-couple-sues-over-us-refusal-to-recognize-kid-as-citizen/ar-AAEKRkB?li=BBnbcA1

Or maybe:

Trump Admin Tries Revoking Child's Citizenship Because of Gay Dads

The State Department under the Trump Administration is stopping the baby of a married gay couple from coming home with his parents from Canada. They are challenging the longstanding court decision that says that if a child’s parent is an American citizen, then so is that child.

Ethan Dvash-Banks was born in Canada, and one of his fathers, Andrew Dvash-Banks, has dual citizenship in the United States and Canada. Ethan was born in Toronto via a surrogate in 2016. Andrew’s sperm was used ... When the couple tried to move to the United States, they found that the State Department was blocking them.

Trump’s State Department is trying to appeal a ruling that forces the government to treat gay and straight married couples alike.

A federal judge already ruled that the State Department’s actions in this case were wrong, writing that they were only doing this because of “its strained interpretation” of immigration law.

Andrew C. Morris, who is the Executive Director of Immigration Equality, echoed the judge’s sentiments, saying:
“Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple. The government’s decision is unconstitutional, discriminatory, and morally reprehensible.”

https://hillreporter.com/trump-admin-tries-revoking-childs-citizenship-because-of-gay-dads-35273

Or maybe:

Judge grants citizenship to twin son of gay couple

Source: Associated Press

Judge grants citizenship to twin son of gay couple

CHRISTOPHER WEBER
February 22, 2019

LOS ANGELES (AP) — A federal judge in California ruled Thursday that a twin son of a gay married couple has been an American citizen since birth, handing a defeat to the U.S. government, which had only granted the status to his brother.

The State Department was wrong to deny citizenship to 2-year-old Ethan Dvash-Banks because U.S. law does not require a child to show a biological relationship with their parents if their parents were married at the time of their birth, District Judge John F. Walter found.

A lawsuit filed by the boys’ parents, Andrew and Elad Dvash-Banks, sought the same rights for Ethan that his brother, Aiden, has as a citizen.

Each boy was conceived with donor eggs and the sperm from a different father — one an American, the other an Israeli citizen — but born by the same surrogate mother minutes apart.

-snip-

Read more: https://apnews.com/065ce98fe6544f6e86d323a3cba9307d

You'd think the State Department was doing this over and over and over and....

[Yo_Mama_Been_Loggin]

3. Kick