State Dept. continues fight to strip gay couple’s two-year-old son of birthright citizenship
Ever since twins Aiden and Ethan Dvash-Banks were born in Toronto in September 2016, they have shared everything—the same button nose, the same swoopy haircut, the same pug/terrier mix London. But for years, the U.S. State Department has fought an escalating legal battle to ensure that they don’t share one important thing: American citizenship.
“The basis for the State Department’s imposition of a biological requirement is its strained interpretation” of existing immigration law, U.S. District Judge John F. Walter wrote in a decision issued in February, dismissing the department’s attempts to institute a biological testing standard for the children of binational married couples “unilateral.”
After the Supreme Court struck down a ban on federal recognition of same-sex marriage in 2013, the Department of Homeland Security issued a guidance declaring that “just as [U.S. Citizenship and Immigration Services] applies all relevant laws to determine the validity of an opposite-sex marriage, we will apply all relevant laws to determine the validity of a same-sex marriage.”
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