LGBTQ parents Archives

Last week, we reported on a legally-married same-sex couple who are in court – again. After having won their case months ago, the federal government appealed. They are battling the U.S. State Dept., which is insisting one of their twin boys is not a U.S. citizen, even though both twins are their biological children.

Andrew and Elad Dvash-Banks married in 2010. Andrew is an American citizen, Elad is not.

The State Dept. is refusing to grant U.S. citizenship to one of the two twins, and holding the family to an entirely different standard than if they were a different-sex couple.

Trump’s State Dept. is actually ignoring settled law, according to Aaron C. Morris, executive director of Immigration Equality.

And if you read that story and thought it was a one-off, some random act by the State Dept., it turns out it’s not.

The Daily Beast reports that a different same-sex couple, both U.S. citizens, had a daughter born in Canada with the assistance of an egg donor and a gestational surrogate.

The U.S. State Dept. is refusing to grant her U.S. citizenship.

“We are both American citizens,” Adiel Kiviti told The Daily Beast, saying, “we live in the U.S.; I have a business here, Roee has his job here; we file our taxes as a married couple here… and the State Department is saying that our daughter isn’t entitled to U.S. citizenship because she was born ‘out of wedlock.’”

Apparently, the State Dept. under Secretary Mike Pompeo, has redefined the Immigration and Nationality Act (INA) of 1952 which, “along with the 14th Amendment, codifies eligibility for U.S. birthright citizenship,” The Daily Beast explains.

Assisted reproductive technology, most of which did not exist in 1952, produces children born “out of wedlock,” according to the State Dept.’s flawed and very targeted interpretation.

“They basically take our marriage, and they say, ‘It doesn’t mean anything. Your child was born out of wedlock,’” Adiel says. “We were there when she was born, she took her first breaths in our arms. Make no mistake: we are her parents — we are her only parents on her only birth certificate.”

The Daily Beast’s article includes the stories of another two married same-sex couples who experienced similar targeted discrimination from the U.S. State Dept.

There is no mistake here: The Trump administration is targeting U.S. citizen same-sex couples, doing everything it can to tear apart their families and depriving them of their 14th Amendment rights, merely because they are same-sex couples.

Written by David Badash, The New Civil Rights Movement. Image by U.S. State Dept. via Flickr and a CC license

The State Department is attempting to block citizenship for the child of a same-sex couple, on a basis that would never be used against a different-sex couple. It’s discrimination, and a Federal Judge has said as much.

The U.S. State Dept. lost a federal court ruling that found it was discriminating against a legally-married same-sex couple. And now it’s appealing that ruling, hoping to block that couple’s child from being granted U.S. citizenship.

At issue: one of two twins. The twins are the biological children of Andrew and Elad Dvash-Banks, who married in 2010. Andrew is an American citizen, Elad is not.

Were Andrew and Elan a different-sex couple, the State Dept. would not be trying to block granting U.S. citizenship to one of their two twin boys, Aiden and Ethan Dvash-Banks.

The Daily Beast reports “the State Department has held the Dvash-Bankses to a different standard, requiring the family to undergo DNA testing to establish that Aiden—but not Ethan—was the biological son of a U.S. citizen.”

A biological link is not necessary to confer citizenship to children of different-sex couples.

It’s discrimination, pure and simple, and a federal judge agreed.

“The basis for the State Department’s imposition of a biological requirement is its strained interpretation” of existing immigration law, U.S. District Judge John F. Walter wrote, as The Daily Beast noted.

Aaron C. Morris, executive director of Immigration Equality says previous decisions in other cases have already established precedent. That would make the State Dept.’s argument unlawful.

“This is settled law in the Ninth Circuit, which has already established that citizenship may pass from a married parent to a child regardless of whether or not they have a biological relationship,” Morris says.

“We’re outraged that the State Department is so intent on harming our family and the LGBTQ community,” Andrew and Elad said in a statement. “The fight is not over, and we will not rest until our family is treated fairly and equally. Nothing can tear us apart. The four of us are unbreakable.”

Here’s a video from Immigration Equality about the couple’s case:

Written by David Badash, The New Civil Rights Movement. Photo via NCRM/Immigration Equality

Confirmed: Trump Is Using the State Dept to Wage War on Legally Married American Same-Sex Families

US State Dept. Goes to Court Again to Try to Tear Apart This Married Same-Sex Couple’s Twins