Adiel and Roee Kiviti, the married couple that sued the State Department over their child’s citizenship, got an early Father’s Day gift this week. A federal judge ruled in their favor, granting their daughter Kessem full American citizenship, and setting a precedent for other same-sex couples nationwide.
The State Department had initially denied Kessem citizenship, claiming that she was born “out of wedlock.” A surrogate gave birth to the girl in Canada in 2019.
The Kivitis both hold US citizenship, though both immigrated from Israel. Roee became a citizen in 2001, while Adiel received his citizenship in 2019. The couple did not encounter the same resistance upon the birth of their son, who was granted full citizenship at birth.
Related: Gay couple sues Trump administration for refusing their daughter American citizenship
The State Department denied Kessem citizenship because, though she was genetically the child of Adiel, he had not lived in the US for more than five years–a requirement historically applied only to non-citizen residents.
Ultimately, the judge in the case, Judge Theodore Chuang, rejected the State Department’s argument on the grounds that both Adiel and Roee hold US citizenship and resided within the country, paving the way for Kessem to hold a US passport and citizenship.
"Today’s victory confirms once again that married same-sex couples cannot be carved-out from laws tied to marriage." —LL Senior Attorney @omargp. ????https://t.co/zSuTzwrWdZ
— Lambda Legal (@LambdaLegal) June 17, 2020
“We are tremendously relieved that the court recognized what we always knew: that our daughter was a US citizen by birth,” Roee and Adiel Kiviti declared in a statement delivered by Lambda Legal.
“After this week’s Supreme Court victory affirming that LGBT people cannot be carved out from laws prohibiting discrimination in employment, today’s victory confirms once again that married same-sex couples cannot be carved-out from laws tied to marriage, as is the Immigration and Nationality Act,” echoed Lambda Legal attorney Omar Gonzalez-Pagan. “The Immigration and Nationality Act does not distinguish between the marital children of same-sex and different-sex couples. As the court noted, to do so would violate the clear terms of the law and raise grave constitutional concerns.”
The State Department has not yet announced if it plans to appeal the decision.
GayEGO
This is good news! Another Trump loss!
Donald Dork
Especially if the judge is a Trump appointee
willward
Not so much a loss for anyone as a gain for common sense and decency.
fur_hunter
EXCELLENT!!!! And lots of love and happiness to that whole family. The Orange MORON can go suck an egg.
boymikefl
Beautiful news! God, I need anything right now. Exhausted.
ricdardc1
Everyday 45 gets a Reality Check he is Losing Day after Day on His Bull Sh*t. Keep Coming KARMA
barryaksarben
I still cant get over that they were going to deny a toddler citizenship and break up a home for NO good reason just hatred of people who dont have such a narrow view of sex and family. It is something Americans of a decade ago would have been outraged if it happened in another authoritarian country ruled by a hate filled dictator. America used to be kind and compassionate but no longer as the rise of fake christianity and the American Taliban it supports
ScottOnEarth
U.S. courts just can’t resist making things harder for gay people at every turn. It’s really disgusting but I’m grateful for Judge Chuang for doing the right thing in this case.
Invader7
The Trumpies just choked . They can all drop DEAD and go to HELL !!! And make this country and world a much better place.. By being GONE . PERMANENTLY ..