Gay married couple sues after daughter denied U.S. citizenship

gay married couple

The Maryland couple’s infant daughter was born in Canada to a surrogate mother earlier this year.

A gay married couple in Maryland is suing to challenge the State Department’s refusal to recognize the U.S. citizenship of their infant daughter, who was born in Canada to a surrogate mother this year.

gay married couple

Photo Courtesy of Immigration Equality.

The federal lawsuit, filed Thursday, says a State Department policy unlawfully treats the children of married same-sex couples as if they were born out of wedlock.

The plaintiffs, Roee and Adiel Kiviti, had their first child, Lev, in 2016; he was born in Canada via surrogacy and has had U.S. citizenship since birth. However, their second child, Kessem, was born in 2019, after the Trump administration began enforcing the Immigration and Nationality Act’s provision that children born “out of wedlock” do not automatically obtain U.S. citizenship.

 

The State Department’s application team has in several cases categorized the children of same-sex couples that use fertility services, like sperm donors and surrogacy, as born “out of wedlock.” An attorney for the Kiviti family says their suit is at least the fourth such case to challenge the policy.

Immigration Equality, an LGBTQ immigration advocacy group, is leading the court effort to gain birthright citizenship for these children. The organization is working with the Kivitis and the other three known families suing the State Department for the same reason: Andrew and Elad Dvash-Banks; Allison Blixt and Stefania Zaccari; and Derek Mize and Jonathan Gregg.

NBCNews.com by The Associated Press and Tim Fitzsimmons, Septemeber 12, 2019

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Chinese Social Media Site Reverses Gay Content Ban After Uproar

sina weibo

Bowing to intense pressure from millions of internet users, a Chinese social media site, Sina Weibo, said on Monday that it would scrap plans to censor cartoons and video games with gay themes.

The site, Sina Weibo, had announced on Friday that it would target gay content as part of a campaign to remove pornographic and violent material from its site.sina weibo

But its efforts were almost immediately criticized as discriminatory and repressive, spawning an outpouring of #Iamgay hashtags and slogans like “gays aren’t scary.”

On Monday, Sina Weibo said in a post that it would scale back its “cleanup” effort and focus on “pornographic, violent and bloody content” instead of gay material. In a nod to the intense backlash, it thanked internet users for their “discussion and suggestions.”

The company did not say whether it would continue to delete texts, photos and videos with gay themes, which were also listed as targets in the original announcement. Weibo did not respond to a request for comment.

Internet users welcomed the change on Monday. Still, some said the company owed gay people an apology.

“It is totally insincere,” Bai Fei, a feminist activist in Shanghai, said of the announcement. “They have already harmed us. I want them to stand up and make a public apology.”

Others called on the company to restore content that it had already deleted in the campaign, including a popular Weibo account called the Gay Voice, which published cultural news and podcasts for its more than 230,000 followers.

Weibo’s vow to cut gay material prompted an unusually fierce backlash from internet users, who said the campaign would worsen discrimination against gay, lesbian, bisexual and transgender people in China. Still, some said they saw signs of progress in the company’s decision to change course.

Ma Baoli, the founder of Blued, a popular gay dating app, called the uproar a “historic event” in China. He said Weibo’s response showed a gradual change in attitudes toward gay people.

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Civil Rights Act Protects Gay Workers, Appeals Court Rules

Discrimination

A federal appeals court in Manhattan ruled on Monday that federal civil rights law bars employers from discriminating based on sexual orientation.

The case, which stemmed from the 2010 dismissal of a Long Island sky-diving instructor, was a setback for the Trump Justice Department, whose lawyers found themselves in the unusual position of arguing against government lawyers from the Equal Employment Opportunity Commission.Discrimination

The E.E.O.C. had argued that Title VII of the 1964 Civil Rights Act, which bars workplace discrimination based on “race, color, religion, sex or national origin,” protected gay employees from discrimination on the basis of sexual orientation.

But the Trump Justice Department took the position that the law did not reach sexual orientation, and said the E.E.O.C. was “not speaking for the United States.”

The Justice Department and Altitude Express, the instructor’s employer, could seek review of the decision by the United States Supreme Court, although neither party had any immediate comment on the ruling.

In its decision, the United States Court of Appeals for the Second Circuit said, “We see no principled basis for recognizing a violation of Title VII for associational discrimination based on race but not on sex.”

FEB. 26, 2018

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In landmark ruling, Italy recognizes gay couple as dads to surrogate babies

Italy surrogacy

For the first time in Italy, two gay partners have been legally recognized as fathers of two surrogate children.

The children were born to a surrogate mother in the United States using artificial insemination, but both of the men will officially be named as its father – not just the parent who is biologically related.

Judges at Trento’s Court of Appeal made the historic ruling in line with the birth certificate issued in the US, which stated the dual paternity, according to the Article 29 website.international surrogacy

The website, which takes its name from the article in the Italian Constitution regarding family life, published the ruling on Tuesday, though the ruling was dated February 23rd.

In their decision, judges noted that the foreign birth certificate was valid because in Italy parental relationships are not determined solely by biological relationships.

“On the contrary,” they said, “One must consider the importance of parental responsibility, which is manifested in the conscious decision to have and care for the child.” 

Article 29 said the decision had “great significance”, as it is the first time an Italian court has ruled that a child has two fathers.

Surrogacy in Italy

Italian law prevents couples from using a surrogate mother, and in theory, anyone caught entering into a surrogacy arrangement faces up to two years in prison and a fine of up to a million euros.

Two years ago, a child was taken from its parents who had paid a surrogate mother in Ukraine 25,000 euros. The couple were charged with fraud and the child put up for adoption.

TheLocal.it, February 28, 2017

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Source: Time for Families