On Thursday, The Daily Beast reported that a gay couple is suing the Trump administration for denying birthright citizenship to their daughter.
Adiel and Roee Kiviti, two men living in Los Angeles, had their daughter Kessem’s citizenship status first flagged last spring. She was born to a surrogate in Canada — and although she has two American dads and therefore should be considered a U.S. citizen under the Fourteenth Amendment, passport officials have claimed — in accordance with the Trump administration’s State Department policy — that she was born “out of wedlock” and therefore her parents’ marriage isn’t valid for the purposes of determining her citizenship.
The two men originally thought it was a mistake, since their first child Lev was born the same way and had no problems. But, they told the Beast, “Since then, we’ve started hearing from others who are in similar situations.”
On Thursday, the two filed a federal lawsuit seeking the recognition of their daughter’s citizenship, and the reversal of a policy that effectively denies children citizenship based on their parents’ sexual orientation. They are being represented by Immigration Equality, Lambda Legal, and Morgan, Lewis & Bockius.
“This is a fight for marriage equality; this is a fight for the fundamental right to citizenship,” said Immigration Equality executive director Aaron Morris . “And denying a little girl citizenship just because she happens to have two gay dads is intolerable.”