Trump Administration Appeals Ruling Granting Gay Couple’s Son Citizenship

"We’re outraged that the State Department is so intent on harming our family and the LGBTQ community."

The U.S. State Department has appealed a ruling granting a gay couple’s son citizenship.

Andrew and Elad Dvash-Banks live in Los Angeles and were married in Canada in 2010. They have twin boys, Ethan and Aiden, who were born via surrogacy in 2010. They tried to obtain U.S. citizenship for both of their sons, but only Aiden was granted that citizenship, as his biological father is Andrew, who is a U.S. citizen, NBC reports.

In February, a federal judge in California ruled in their favor, ordering the State Department to issue a passport for two-year-old Ethan, whose biological father is Elad, who is an Israeli citizen.

“The basis for the State Department’s imposition of a biological requirement is its strained interpretation” of existing immigration law, stated U.S. District Judge John F. Walter in his ruling.

“Once again, the State Department is refusing to recognize Andrew and Elad’s rights as a married couple,” said Aaron Morris, executive director of Immigration Equality, which has been representing the couple. “The government’s decision to try to strip Ethan of his citizenship is unconstitutional, discriminatory, and morally reprehensible.”

Ethan has a U.S. passport as a result of the ruling, and Morris noted, “Until and unless the 9th circuit overturns the decision, Ethan remains a U.S. citizen.”

The State Department said it does not comment on pending litigation. Guidance on its website states “a child born abroad must be biologically related to a U.S. citizen parent” to receive U.S. citizenship at birth.

“We’re outraged that the State Department is so intent on harming our family and the LGBTQ community,” the couple 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.”

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