The State Department under the Trump Administration is stopping the baby of a married gay couple from coming home with his parents from Canada. They are challenging the longstanding court decision that says that if a child’s parent is an American citizen, then so is that child.
Ethan Dvash-Banks was born in Canada, and one of his fathers, Andrew Dvash-Banks, has dual citizenship in the United States and Canada. His other father, Elad Dvash-Banks, is from Israel.
Ethan and his brother Andrew were born in Toronto via a surrogate in 2016. Andrew’s sperm was used to help create Aidan, and Elad’s for Ethan. When the couple tried to move to the United States with their children, they found that the State Department was blocking them.
Trump’s State Department is trying to appeal a ruling that forces the government to treat gay and straight married couples alike. When the couple tried to get Ethan’s passport, they said that because Elad, his biological father, is not an American citizen, then neither was the baby.
Proving biology has never been an issue for straight couples in similar situations. All it takes is for both parents’ names to be on the birth certificates, and Andrew and Elad Dvash-Banks have both of their names on both of their children’s birth certificates. Legal recognition of parental rights is all it takes.
A federal judge already ruled that the State Department’s actions in this case were wrong, writing that they were only doing this because of “its strained interpretation” of immigration law.
Andrew C. Morris, who is the Executive Director of Immigration Equality, echoed the judge’s sentiments, saying:
“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.”
Andrew and Elad released a statement that reads:
“We’re outraged that the State Department is so intent on harming our family and the LGBTQ community.”
“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.”