A Federal Court Grants Citizenship To Couple’s Twin Children In Ruling Against Trump Administration

[Dana7360]

And should Biden be elected president, the case will no longer be pursued, thankfully.

The question will always remain with regard to what 'under the jurisdiction of' actually means. It doesn't matter who is elected. The question isn't going to go away.

I'd be interested in knowing what Trump's SCOTUS appointment thinks about that little conundrum, though.

That is the man's legal child. Same as any heterosexual couple.

The couple were married when the child was born. Both men are listed as parents on both children's birth certificate.

It's a violation of the 14th Amendment to treat homosexual couples and their children any different from heterosexual couples.

So if the court rules against the couple, no parents will be safe. It doesn't matter if they are the legal parent with birth certificate having their name.

The far right doesn't understand what their actions will do.

 

[Dana7360]

What exactly does "born to" mean here?

“The 9th U.S. Circuit Court of Appeals said Friday that a Los Angeles trial judge correctly concluded that 4-year-old Ethan Dvash-Banks was an American citizen despite being conceived with sperm of an Israeli father and born in Canada using a surrogate mother.

The boy's other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birth, a U.S. District Court judge ruled last year. The boy was granted a passport after the ruling, but the State Department appealed.” ibid

RIF.

Is he the legal child of the US citizen?

Yes.

Well then, the child is a US citizen.


That was easy.

Tell that to trump and his administration.

 

[JOSweetHeart]

Right me if am wrong, but it sounds like the family will have nothing but the male gender in it. That right there is what burns me the most about homosexuality leaving me with this one and only question for those who live the lifestyle. Why do you think that more than one gender was created? In other words, why do you stay within your own as if creating more than one was a complete and total waste of the Lord's time, sense, and energy?

God bless you always!!!

Holly

 

[Natural Citizen]

That is the man's legal child. Same as any heterosexual couple.

The couple were married when the child was born. Both men are listed as parents on both children's birth certificate.

It's a violation of the 14th Amendment to treat homosexual couples and their children any different from heterosexual couples.

So if the court rules against the couple, no parents will be safe. It doesn't matter if they are the legal parent with birth certificate having their name.

The far right doesn't understand what their actions will do.

Your post reminds me of just how upside down this world really is.

 

[RetiredGySgt]

How despicable and deplorable does a person have to be to deny US citizenship rights to a child of a US citizen only for the reason that the couple is gay?

I am so glad the courts ruled in favor of the parents and children.

There is no excuse for such discrimination and hate.

Court: Son born abroad to gay couple is a U.S. citizen

A federal appeals court has ruled against the U.S. State Department in its quest to deny the citizenship of one of two twins born abroad to a gay married couple

abcnews.go.com

Exactly.

This is an example of the bigotry, fear, and hate common to far too many on the right.

It doesn't hurt anyone that homosexual people who have children that their children are given citizenship just the same way a heterosexual couple.

This is just cruel and sick. I'm not surprised but I am disgusted.

Except married couples where the Mother and Children are not US Citizens do not become citizens just because of the father. A child BORN to an american dad becomes a citizen but the dad had nothing to do with the child. Where as an american dad and foreign mother the Dad is the BIOLOGICAL father. Bad ruling.

 

[SassyIrishLass]

How despicable and deplorable does a person have to be to deny US citizenship rights to a child of a US citizen only for the reason that the couple is gay?

I am so glad the courts ruled in favor of the parents and children.

There is no excuse for such discrimination and hate.

Court: Son born abroad to gay couple is a U.S. citizen

A federal appeals court has ruled against the U.S. State Department in its quest to deny the citizenship of one of two twins born abroad to a gay married couple

abcnews.go.com

Exactly.

This is an example of the bigotry, fear, and hate common to far too many on the right.

It doesn't hurt anyone that homosexual people who have children that their children are given citizenship just the same way a heterosexual couple.

This is just cruel and sick. I'm not surprised but I am disgusted.

Nobody else is either

Homos can't procreate.... science proves that

Now say you? Moron

 

[ThisIsMe]

How despicable and deplorable does a person have to be to deny US citizenship rights to a child of a US citizen only for the reason that the couple is gay?

I am so glad the courts ruled in favor of the parents and children.

There is no excuse for such discrimination and hate.

Court: Son born abroad to gay couple is a U.S. citizen

A federal appeals court has ruled against the U.S. State Department in its quest to deny the citizenship of one of two twins born abroad to a gay married couple

abcnews.go.com

Nowhere in the article does it state that the child was originally being denied citizenship because the couple was gay.

Looks like there was a dispute of parentage and citizenry of the parents.

Having said that, the article does say that sperm of both men was used in a surrogate mother, which means, since one of the guys is a US citizen, and his sperm was used as part of the fertilizing of the donor egg, then the resulting birth would be a legitimate offspring of the guy that is a citizen, and the offspring of the other guy by marriage, and the child would be a citizen.

The article never said anything about them being denied because of their sexual preference, that is something you interjected. Denying them anything because of their sexual preference would be illegal.

Why does the left keep doing this? They take an article that has no underlying connection with an ethical issue, and they will create one by manufacturing a motive.

How about we stop trying to stir the pot and just read the story for what it is...eh?

 

[SassyIrishLass]

What exactly does "born to" mean here?

“The 9th U.S. Circuit Court of Appeals said Friday that a Los Angeles trial judge correctly concluded that 4-year-old Ethan Dvash-Banks was an American citizen despite being conceived with sperm of an Israeli father and born in Canada using a surrogate mother.

The boy's other father is a U.S. citizen, and the law does not require a child to show a biological relationship if their parents were married at the time of their birth, a U.S. District Court judge ruled last year. The boy was granted a passport after the ruling, but the State Department appealed.” ibid

RIF.

Is he the legal child of the US citizen?

Yes.

Please read the article.

Queers can't procreate....done deal

 

[Natural Citizen]

Basically, they just established citizenship based on a Legal fiction.

 

[Dana7360]

Right me if am wrong, but it sounds like the family will have nothing but the male gender in it. That right there is what burns me the most about homosexuality leaving me with this one and only question for those who live the lifestyle. Why do you think that more than one gender was created? In other words, why do you stay within your own as if creating more than one was a complete and total waste of the Lord's time, sense, and energy?

God bless you always!!!

Holly

Read the article.

The children were conceived with a surrogate. One child was created with using the sperm of one of the men. The other child was created with using the sperm of the other man.

When you do that, you have no control of the sex of the child.

Science pretty much guaranteed that the resulting baby would be male.

In case you don't know, the Y chromosome is a sprinter. It's the male chromosome and it swims faster than the X chromosome which is female. While it swims faster, it dies off faster too. The X chromosome lives up to 72 hours in the female body. While that Y chromosome has died off in around 24 to 36 hours.

Now, if there's an egg already produced and ready to be fertilized, that egg will fertilized by that Y chromosome.

If the egg isn't there until around 24 to 36 hours later, the Y chromosomes have died off. Leaving only the X chromosome resulting in a female baby.

When doing artificial insemination with a surrogate that surrogate has already ovulated and is at the peak of conception. So the Y chromosome will reach that egg before the X and result in a male baby.

Science. it works.

 

[Dana7360]

That is the man's legal child. Same as any heterosexual couple.

The couple were married when the child was born. Both men are listed as parents on both children's birth certificate.

It's a violation of the 14th Amendment to treat homosexual couples and their children any different from heterosexual couples.

So if the court rules against the couple, no parents will be safe. It doesn't matter if they are the legal parent with birth certificate having their name.

The far right doesn't understand what their actions will do.

Your post reminds me of just how upside down this world really is.

What is so upside down about everyone having the same rights?

 

[Dana7360]

Basically, they just established citizenship based on a Legal fiction.

How can you arrive at that?

Both men's names are on both birth certificates. They are the children of both men.

What don't you understand?

Are you willing to apply the same to adoptive parents? I know people who have adopted. Are you saying those parents are not the parents of those children? The names of the adoptive parents are on the birth certificate. We don't issue different birth certificates to people who adopt.

You don't realize what your prejudice will do to everyone. Isn't it better for everyone to be treated equally under the law than to put all parents and children in jeopardy of the government being able to decide who are parents and who aren't?

Do you really want that big government nanny?

 

[Natural Citizen]

What is so upside down about everyone having the same rights?

I'd have to write a full page to be thorough in discussing the depth of the issue. You don't even have a foundation, really. You think you do, and that's okay. But you don't. There's no natural right involved here, as I said, it's a Legal fiction in this case.

I dunno. Lemm think about whether I feel like wasting the keystrokes, Dana. At the moment I really don't. I was content to just leave it as I did.

What is Legal is very, very seldom Lawful. For starters. That's a fundamental truth, btw, when discussing natural, God-given rights. Here we must remember that liberty should never be spoken or written absent the word responsibility. So, Liberty-Responsibility.

 

[ThisIsMe]

"The boys were born by a surrogate in September 2016 using sperm from each of the fathers and donor eggs."

Ok, I may have been mistaken by my previous post. I was thinking that the child in question was born using the sperm from each of the fathers, but after reading it again, there are 2 children, each of the children using sperm from the fathers, one father for each child.

Now then, the dispute lies with the legality of their marriage. The article says they moved to Canada because they could not legally marry in the US. This means the US does not recognize their marriage as legitimate.

The child, being born to a non US citizen surrogate mother, using the sperm of a man, who is not a US citizen, and being born on Canadian soil makes this case problematic.

If the United States does not recognize their marriage as legal, then it would be the same as, for example, a citizen of England living in the US who is dating a US citizen, and he goes to a woman living outside of the US and donates his sperm to foster a child on foreign soil. Neither the woman, nor the donor are citizens, and since the US doesn't recognize the marriage, then it would be just as if the 2 guys were dating. There would be no legal precedent.

However, if, just because these guys couldn't get married in the US, but they could in Canada, and then the US recognized an already existing marriage as being legitimate, then all of this doesn't matter. I wouldnt think the US would say, "you guys were married in Canada, so when you cross the border back to the US, your marriage is dissolved". I dont see that happening.

Regardless, its a complex situation, but I don't see anywhere where it says they went through this, just because they were gay.

 

[SassyIrishLass]

Basically, they just established citizenship based on a Legal fiction.

How can you arrive at that?

Both men's names are on both birth certificates. They are the children of both men.

What don't you understand?

Are you willing to apply the same to adoptive parents? I know people who have adopted. Are you saying those parents are not the parents of those children? The names of the adoptive parents are on the birth certificate. We don't issue different birth certificates to people who adopt.

You don't realize what your prejudice will do to everyone. Isn't it better for everyone to be treated equally under the law than to put all parents and children in jeopardy of the government being able to decide who are parents and who aren't?

Do you really want that big government nanny?

Which one birthed the children

Hmm?

 

[ThisIsMe]

Obegefel v hodges kind of straightens this one out anyway. It says no state can ban same.sex marriage.

As long as the two guys have a legal certificate of marriage from Canada, I think the US has to recognize the marriage as legal in the US. Also, from what I gather, the child was born after 2015 so it means he would be the child of a legally recognized marriage.

 

[ThisIsMe]

It would be no different if a legally married couple could not get pregnant because the man was infertile so they had to find a sperm donor, I dont think it would matter if the sperm donor wasn't a citizen.

Also, on an unrelated note, why is it when I try to type the word sperm, my autocorrect wants to change it to "supermarket".....thats just disturbing....

 

[danielpalos]

How despicable and deplorable does a person have to be to deny US citizenship rights to a child of a US citizen only for the reason that the couple is gay?

I am so glad the courts ruled in favor of the parents and children.

There is no excuse for such discrimination and hate.

Court: Son born abroad to gay couple is a U.S. citizen

A federal appeals court has ruled against the U.S. State Department in its quest to deny the citizenship of one of two twins born abroad to a gay married couple

abcnews.go.com

Bigotry is what right wingers are best at.

 

[Dana7360]

What is so upside down about everyone having the same rights?

I'd have to write a full page to be thorough in discussing the depth of the issue. You don't even have a foundation, really. You think you do, and that's okay. But you don't. There's no natural right involved here, as I said, it's a Legal fiction in this case.

I dunno. Lemm think about whether I feel like wasting the keystrokes, Dana. At the moment I really don't. I was content to just leave it as I did.

What is Legal is very, very seldom Lawful. For starters. That's a fundamental truth, btw, when discussing natural, God-given rights. Here we must remember that liberty should never be spoken or written absent the word responsibility. So, Liberty-Responsibility.

Ok.

Carry on.

 

[Dana7360]

How despicable and deplorable does a person have to be to deny US citizenship rights to a child of a US citizen only for the reason that the couple is gay?

I am so glad the courts ruled in favor of the parents and children.

There is no excuse for such discrimination and hate.

Court: Son born abroad to gay couple is a U.S. citizen

A federal appeals court has ruled against the U.S. State Department in its quest to deny the citizenship of one of two twins born abroad to a gay married couple

abcnews.go.com

Bigotry is what right wingers are best at.

Very true. What they don't realize is that they are trying to invalidate a birth certificate.

If they want to do that then it means they can invalidate any birth certificate.

What about adoptive parents? They didn't give birth to that child. What about heterosexual couples who use a surrogate? Does that make the child less the child of both parents? What about artificial insemination with anonymous sperm donor from a sperm bank?

Do we now start issuing different birth certificates for people who adopt or hire a surrogate or build a family any way other than what the far right believes is a family?

Wow.