YES! State Department Gives Up Legal Battle Against Gay Couples’ Children

(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