This week, the “blame President Trump for all the world’s problems” bandwagon is beating its drum in California for same-sex couple Elad and Andrew Dvash-Banks and their 16 month-old twin boys. One of the boys has the genetic material from Andrew while the other boy shares his DNA with Elad. The surrogate is of Canadian Citizenship. Andrew and Elad married outside of the United States prior to the Supreme Court’s rejection in 2013 of the Defense of Marriage Act (DOMA), which had previously barred the federal government from recognizing same-sex marriages. While Andrew is a U.S. Citizen, Elad is an Israeli Citizen with a green card as the couple is still in the process of gaining Elad’s U.S. Citizenship.
Thus arises a technicality.
The child sharing only Elad’s genetic makeup does not qualify for U.S. Citizenship under the State Department’s current interpretation of the Immigration and Nationality Act. With the help of an LGBTQ immigration rights group, the couple is now suing the U.S. State Department.
Queue the Liberal outrage.
But not so fast. While Andrew and Elad’s Citizenship dispute occurred around the time of President Trump’s inauguration (perhaps even before it), they are far from the first people to encounter this problem. In NPR’s account of the story, they also reference another same-sex couple, Allison Blixt and her wife, Stefania Zaccari, who ran into the same issue with their three year old son back in 2015. Was then Secretary of State John Kerry (D, MA, 2013-2017) prejudice and against immigration for not immediately rectifying this situation? Or how about Chicago native Ellie Navi who became pregnant with twins in Jerusalem via in vitro fertilization and was told that her children were not eligible for citizenship unless she could prove that the genetic material used to create the embryos was from an American Citizen (Reference). Surely we didn’t blame then Secretary of State Hillary Clinton (D, NY, 2009-2013).
While same-sex marriage equality laws were (and still are) long overdue, it is illogical to associate this situation with LGBTQ discrimination and President Trump. Doing so immediately alienates Conservative allies that would likely fight for updating an outdated law with respect to the advanced scientific reproduction capabilities and evolving scenarios it creates.
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