Judge Shuts Down Trump's Discrimination Against Children of Same-Sex Couples

[Milchshake]

An ongoing series of: Trump “hurting the people he needs to be”

My questions is; does the current GOP have a Cruelty Problem? Why are they so determined to marginalized and attack already vulnerable people?

Judge rules twin son of gay couple is a citizen


The Trump administration’s attempt to deny citizenship to the children of binational same-sex couples suffered a setback on Thursday when a federal court ruled these children are American citizens. U.S. District Judge John F. Walter of California rejected the State Department’s startling assertion that a married gay couple’s son was born “out of wedlock” and thus is ineligible for citizenship. But his decision applies only to these plaintiffs—meaning Secretary of State Mike Pompeo may continue to enforce an anti-gay policy on other binational couples. Somehow, nearly two years after the U.S. Supreme Court guaranteed equal rights to same-sex parents, the U.S. government is still trying to discriminate against their children under immigration law.

Thursday’s decision in Dvash-Banks v. Pompeo revolves around a married couple, Andrew and Elad Dvash-Banks, and their sons, Ethan and Aiden. Andrew is an American citizen; Elad is Israeli; and the couple’s children were conceived through surrogacy and born in Canada. Under U.S. law, a child born abroad receives citizenship at birth if his parents are married and at least one is an American citizen. Ethan and Aiden’s birth certificates list Andrew and Elad as their parents. Because Andrew and Elad are married, and Andrew is an American citizen, both children would appear to have a right to U.S. citizenship.

The Trump administration disagreed. When Andrew and Elad visited the American Consulate in Toronto to apply for U.S. passports, they were rebuffed. A consular official demanded to know which father provided sperm for which child—a fact that the couple had planned to keep secret. She then said that only Andrew’s biological child would obtain citizenship, and then only after a DNA test confirmed their relationship. Aiden would not be allowed citizenship. That’s because, under current State Department guidelines, the children of same-sex couples who conceive through surrogacy are considered to be born “out of wedlock.” And federal law does not extend citizenship to children born abroad out of wedlock unless a biological parent is a U.S. citizen. Andrew and Elad filed suit on Aiden’s behalf.

There is an obvious flaw in the State Department’s rules: As a matter of law, Ethan and Aiden were born to married parents. It seems factually incorrect to claim they were born out of wedlock, unless the federal government rejects the legitimacy of their birth certificates and their parents’ marriage. And the Supreme Court has already held that the government must both respect same-sex marriages and grant equal rights to children of such marriages. So the State Department’s policy raises a serious constitutional question of unlawful discrimination against gay binational couples and their kids.


As Walter explained in his decision on Thursday, the fatal flaw in this argument is that it is simply untrue. There is no biological requirement in the federal statute that governs Aiden’s citizenship status. The law merely states that, to become a citizen, a child birthed abroad must be “born … of parents” who are married, and one of whom is an American citizen. Other provisions of the statute do expressly demand a biological link between parent and child—but this one does not. Indeed, the U.S. Court of Appeals for the 9th Circuit has already ruled that the law does not require a “blood relationship” between a child and his citizen parent, so long as both parents were married at birth. That holding resolves this case.

[Xyonai]

This is some petty, semantic bullshit, even for the GoP.

[Xeones]

the State Department’s startling assertion that a married gay couple’s son was born “out of wedlock” and thus is ineligible for citizenship

I know the Trump administration is stupid and criminal but this is super fucked up.

[Yuujin]

Didn't he just announce some bullshit about doing away with outlawing homosexuality globally? Or does that just apply to specific laws that are specifically practiced specifically in Iran... specifically.

[Masark]

Didn't he just announce some bullshit about doing away with outlawing homosexuality globally? Or does that just apply to specific laws that are specifically practiced specifically in Iran... specifically.

Trump had no clue about the announcement when asked about it.

[nymphetsss]

I wonder why they choose to find a surrogate in Canada? Basically to exploit canadian health care? I'm curious to see if they paid the medical expense's

[DarkTZeratul]

I wonder why they choose to find a surrogate in Canada? Basically to exploit canadian health care? I'm curious to see if they paid the medical expense's

Possibly they just had a Canadian friend who was up for it?

[Wyrt]

I wonder why they choose to find a surrogate in Canada? Basically to exploit canadian health care? I'm curious to see if they paid the medical expense's

They were living in Canada at the time they had children.

[Milchshake]

Possibly they just had a Canadian friend who was up for it?

Or Toronto being a large international city simply has people from other countries working there? I mean I've worked for a large Canadian firm, and got to spend a year working in Vancouver. Never thought it was a big deal.

Not surprised though, that authoritarian shitheels come up with the dumbest and most petty arguments to attack these guys.
First it was "wedlock".
Now its; "they're not surrogating properly!"

[Dontrike]

What the hell is with Trump and children? First he wants as many of them as possible in his camps, like he's an orange Michael Jackson, and the next moment doesn't want specific ones.

Does he have postpardum depression?

[Fincayra]

indefensible....

[Powerogue]

A complicated situation that demonstrates our laws need some updating.

[PACOX]

Deflections.

Its disgusting that he uses the LBGQT+ to deflect from the shortcoming of his administration. Every time him and his group of clowns take an administrative L or one of them get in legal trouble he pulls one of these cards. Every single time without fail.

[Halicia]

A complicated situation that demonstrates our laws need some updating.

Yeah, if only we had an organized body of elected officials whose job it was to manage that sort of stuff, right ? (and didn't abdicate their role)

[Calfredd]

My honest opinion here.
I was a liberal for most of my life, and (still) I truly believe that everyone is allowed to make whatever decision that makes them happy. However, my support stops the moment it affects other people. Psychologists & social scientists nearly agree that a child raised in a stereotype family (father & mother) does a lot better than a child raised in a family of gay or lesbian couple. i will edit the post later for source

Actually, they say a child is best raised when extended family is involved in their upbringing (grandparents, aunts, uncles, etc.).

[Masark]

Psychologists & social scientists nearly agree that a child raised in a stereotype family (father & mother) does a lot better than a child raised in a family of gay or lesbian couple.

Same thing happened when Canada wanted to introduce compelled speech to address transgenders as they or ze. I thought it was dumb as fuck and they deserved the backlash they got.

"There is no scientific evidence that parenting effectiveness is related to parental sexual orientation: lesbian and gay parents are as likely as heterosexual parents to provide supportive and healthy environments for their children"

Care to push any further falsehoods "former liberal"? Oh, wait, you already did that.

Your claimed "compelled speech" has been law up here for almost 2 years now. Your claims have been shown to be false by the fact that Peterson remains outside of jail, as annoying as he is.

Anything more?

[s_bushido]

i will edit the post later for source

How's that source coming?

While you're at it, you can tell us how many people have been jailed for failing to comply with that "compelled speech."

[Wyrt]

How's that source coming?

While you're at it, you can tell us how many people have been jailed for failing to comply with that "compelled speech."

If it's anything like the "compelled speech" law the righties here were bitching about in New York then it's just an anti-harassment law and they are pro-harassment.

[Dendrek]

My honest opinion here.
I was a liberal for most of my life, and (still) I truly believe that everyone is allowed to make whatever decision that makes them happy. However, my support stops the moment it affects other people. Psychologists & social scientists nearly agree that a child raised in a stereotype family (father & mother) does a lot better than a child raised in a family of gay or lesbian couple. i will edit the post later for source

I have no doubt this post will receive a lot of flames. One thing you should actually realize is even if what you said is true, it's also irrelevant. You'd rather a kid remain in foster care than go to a loving home where the adopting parents are gay? Because there are more foster kids than there are adopting parents. Likewise, unless a homosexual couple is actually negatively impactful for a kid, using this "they're not as good" argument is utterly inexcusable. You want to deny an entire group a certain right over something as trivial as a relativistic argument? Seriously. You need to reconsider what you've said. Because it's little more than soft bigotry. Unless there is legitimate reason to think a homosexual couple will always be incapable and possibly even dangerous to the well being of a child, your excuse here holds no ground.

[Flarelaine]

Technically, the idea of jus sanguinis citizenship requiring sanguinis (biological) link seems reasonable.

But in this day and age, it is just petty.