//  2/28/19  //  Uncategorized

On this week's episode of Versus Trump, Charlie, Jason, and Easha discuss a decision from a federal court in Los Angeles ordering the Government to grant citizenship to both children of a same-sex couple born abroad to one U.S. parent. As usual, you can listen online below, and subscribe via this page with any podcast player or here in iTunes. 

The trio dig into the little-known world of how children born abroad to U.S. parents are granted citizenship to understand whether the State Department has been discriminating against same-sex couples. Federal law says that children born abroad are citizens at birth if they are "born of parents," one of whom is a U.S. citizen. In the Dvash-Banks case, the parents are a married same-sex couple, one of whom is a U.S. citizen, but only one of two twins is genetically related to the U.S. citizen father. Under an obscure policy, the State Department granted citizenship to the genetically-related twin but denied it to the other twin—even though the U.S. citizen parent is the "parent" of both children. A federal judge in L.A. recently said this was incorrect and ordered that both children be granted citizenship.

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Notes

  • The opinion in the case is here.
  • We found this opinion through a nice recap by Slate's Mark Joseph Stern. That's here.
  • Easha mentioned this WaPo article and this excellent (and excellently-titled) law review article called "Friends With Benefits?"

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