Lambda Legal Applauds State Department Policy Change to Recognize Citizenship at Birth of Marital Children of Same-Sex Couples Born Abroad

Policy Change Follows Court Decisions in Lawsuits Brought by Lambda Legal and Immigration Equality

(WASHINGTON, DC - May 18) Today, the U.S. Department of State's announced that it will be updating its policies under Section 301 of the Immigration and Nationality Act (INA), to start recognizing the U.S. citizenship of children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other at the time of the birth. This change that will positively impact married same-sex parents and their children follows two court decisions last year in lawsuits brought by Lambda Legal and Immigration Equality that resulted in courts finding the then-existing policy of refusing to recognize the citizenship of children born abroad to married same-sex couples to be unlawful.

In response to today's announcement, Lambda Legal released the following statements:

Quote from Omar Gonzalez-Pagan, Senior Counsel from Lambda Legal and one of the families' attorneys:

"Lambda Legal applauds the State Department's decision in response to change its policy and start recognizing the U.S. citizenship of children of married same-sex couples born abroad. The prior policy was unlawful and discriminatory, as recognized by courts in multiple cases, including two cases we won just last year. We are pleased to see this resolution, as this welcome change respects the marriages and families of same-sex couples as is required by our laws and constitution.

"No family should have to suffer the stress and fear of government-sanctioned discrimination. In these cases, the State Department denied children their rights simply for who their parents are, causing tremendous harm and anguish for parents having to worry about the status of their children and their ability to stay in the country, as well their ability to have the full benefits and responsibilities of citizenship. This policy was discriminatory and unconstitutional, and should have never existed."

"We are extremely gratified by this decision, which is a victory for the LGBTQ families that came forward to advocate for the rights of their children."

Quote from Derek Mize and Jonathan Gregg, plaintiffs in Mize-Gregg v. Pompeo.

"We are extremely pleased to see the State Department take this long-overdue step. We are so happy that children like our daughter will no longer be denied recognition of their U.S. citizenship at birth because their parents are of the same-sex or they were born through surrogacy. No family should have to go through the anguish, stress, and indignity we went through. It was deeply traumatizing to have our own government refuse to recognize our child as a U.S. citizen because we are a gay couple. We are humbled that our fight, as well those forged by other families, was able to play a part in bringing about this change, and thankful to Lambda Legal and Immigration Equality for having taken on our case."

* * *

In 2019, Lambda Legal and Immigration Equality filed two lawsuits against the U.S. Department of State. The first in the U.S. District Court for the Northern District of Georgia over the Department of State's refusal to recognize the citizenship of Simone Mize-Gregg, the daughter of U.S. citizens Derek Mize and Jonathan Gregg; the second in the U.S. District Court for the District of Maryland over the Department of State's refusal to recognize the citizenship of Kessem Kiviti, the daughter of U.S. citizens Roee and Adiel Kiviti. Last year, both courts found the Department of State's policy to be unlawful and declared Simone and Kessem to be U.S. citizens since birth.

Read more about Mize-Gregg v. Pompeo:https://www.lambdalegal.org/in-court/cases/mize-v-pompeo

Read more about Kiviti v. Pompeo: https://www.lambdalegal.org/in-court/cases/kiviti-v-pompeo