(Roee and Adiel Kiviti with their children)The U.S. State Department on Monday withdrew its appeal in Kiviti v. Pompeo and elected not to appeal Mize-Gregg v. Pompeo. In both cases, the State Dept. challenged the citizenship of children born abroad to married gay, U.S. citizen couples, reports Towleroad.
Lambda Legal reports: “In Kiviti v. Pompeo, the U.S. District Court for the District of Maryland held that Kessem Kiviti, the daughter of same-sex married couple Roee and Adiel Kiviti, had been a U.S. citizen since birth. In the lower court’s June 17, 2020 decision, the court held that for the children of married parents, the law required no biological connection to a parent in order for the child to be born a citizen. The court also expressed concern that treating the marital children of same-sex couples as if they were born out of wedlock raised serious constitutional issues. With the withdraw of the appeal, the district court decision is now final.”
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Victory: U.S. State Department Surrenders in Legal Battle Against Foreign-Born Children of Gay Couples
