The U.S. State Department appealed the decision of a California federal district court May 6 which recognized the birthright citizenship of Ethan Dvash-Banks, the child of a same-sex bi-national couple.
The government refuses to recognize the validity of Los Angeles-born Andrew and Tel Aviv- born Elad Dvash-Banks’ marriage and continues to defend its discriminatory policy, which conditions the recognition of birthright citizenship on a biological link to a U.S. citizen parent.
The couple had twin sons via surrogacy. Currently, the State Department only recognized Aiden’s citizenship because of his biological connection to Andrew and denied Ethan’s. Immigration Equality challenged the decision on behalf of the family, and the district court determined that as a child born to a married U.S. citizen parent, Ethan Dvash-Banks was entitled to birthright citizenship.
“[Ethan] should be treated like any other child born to a U.S. citizen,” Andrew told the Journal in January of 2018. “Like his twin brother or like any other child born to a U.S. citizen abroad. None of it makes sense. It’s not right and we know it’s not right.”
Aaron C. Morris, Executive Director of Immigration Equality, said in a statement May 6: “Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple. The government’s decision to try to strip Ethan of his citizenship is unconstitutional, discriminatory, and morally reprehensible. 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.”
If a U.S. citizen marries someone from a different country, and they have a child while they live abroad, the couple’s children are entitled to birthright citizenship. Proving a biological connection between the child and the U.S. citizen parent is not required by law. As such, the State Department’s policy is contrary to the Immigration and Nationality Act, and to the clear intent of Congress when it passed the law.
“We’re outraged that the State Department is so intent on harming our family and the LGBTQ community,” Andrew and Elad Dvash-Banks said in a joint statement provided to the Journal. “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.”
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