According to NBC News, the State Department is appealing a ruling from a California judge, who decided to grant U.S. citizenship to a same-sex couple’s twin son.
Andrew and Elad Dvash-Banks, who live in Los Angeles, got married in 2010 in Canada. Each of their sons was conceived through a donor egg and one of the two fathers’ sperm and was born in Canada via surrogacy in 2016.
After submitting DNA tests to prove that they were indeed the children’s fathers, only Aidan received a passport, but not Ethan. Aidan’s biological father, Andrew, is an American citizen, while Elad, an Israeli citizen, is Ethan’s father. The couple took the issue to court after Ethan did not receive a passport.
“The agency’s policy unconstitutionally disregards the dignity and sanctity of same-sex marriages by refusing to recognize the birthright citizenship of the children of married same-sex couples,” the lawsuit stated. “The State Department’s policy is arbitrary, capricious and serves no rational, legitimate, or substantial government interest.”
In February, a court determined that the State Department must issue Ethan, 2, a passport. But the State Department is now appealing the decision.
“Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple," said Immigration Equality executive director Aaron Morris. "The government’s decision to try to strip Ethan of his citizenship is unconstitutional, discriminatory, and morally reprehensible."
Morris observed that the 9th Circuit Court of Appeals “has already established that citizenship may pass from a married parent to a child regardless of whether or not they have a biological relationship.”