- Nov 29, 2008
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I think the wording is fine. Two men with a child is not natural and should be checked.Thank you for that research. It raises some interesting issues. I was unable to locate the entire 52 page decision by the judge but I am willing to bet that he focused on the constitutionality of the statue which was written at a time when it was inconceivable that two men could be married and the legal parents of a child.Sounds all pretty average to me after reading the requirements.
Chapter 3 - U.S. Citizens at Birth (INA 301 and 309)
A. General Requirements for Acquisition of Citizenship at Birth A person born in the United States who is subject to the jurisdiction of the United States is awww.uscis.gov
According to Mize and Gregg–and their daughter who is also a plaintiff–consular staff used the wrong portion of the INA to interpret those original applications for citizenship documents. The State Department felt differently and moved to dismiss for various reasons. Judge Brown agreed with the family.
The decision describes the incongruity of current practice:
[W]hen a U.S. citizen wife acts as a gestational mother for a donor egg fertilized by her citizen husband’s sperm, the State Department now considers that child to have been born in wedlock of two citizens. And, when two married women who are citizens decide one of them will carry an egg donated from the other and fertilized by an anonymous sperm donor, the State Department reaches the same conclusion — that child is considered to have been born in wedlock of two U.S. citizens. In this latter instance, the State Department determines the child has a biological relationship with two women and totally ignores the citizenship of the sperm donor.
Clearly the language of the statue needs to be up dated. It will be interesting to see what the Trump Administration does next . Will they commit additional government resources to push their bigoted agenda to higher courts, or will they let it go? There is no point in this bullshit other than animosity and hate.
Basically it comes down to an issue of discrimination where two married men are being treated differently than a married heterosexual couple and or even a Lesbian couple.