Last week NCRM reported on a legally-married same-sex couple who are in court – again. After having won their case months ago, the federal government appealed. They are battling the U.S. State Dept., which is insisting one of their twin boys is not a U.S. citizen, even though both twins are their biological children.
Andrew and Elad Dvash-Banks married in 2010. Andrew is an American citizen, Elad is not.
Trump’s State Dept. is actually ignoring settled law, according to Aaron C. Morris, executive director of Immigration Equality.
If you read that story and thought it was a one-off, some random act by the State Dept., it turns out it’s not.
The Daily Beast reports today that a different same-sex couple, both U.S. citizens, and had a daughter born in Canada with the assistance of an egg donor and a gestational surrogate.
The U.S. State Dept. is refusing to grant her U.S. citizenship.
“We are both American citizens,” Adiel Kiviti told The Daily Beast, saying, “we live in the U.S.; I have a business here, Roee has his job here; we file our taxes as a married couple here… and the State Department is saying that our daughter isn’t entitled to U.S. citizenship because she was born ‘out of wedlock.’”
Apparently, the State Dept. under Secretary Mike Pompeo, has redefined the Immigration and Nationality Act (INA) of 1952 which, “along with the 14th Amendment, codifies eligibility for U.S. birthright citizenship,” The Daily Beast explains.
Assisted reproductive technology, most of which did not exist in 1952, produces children born “out of wedlock,” according to the State Dept.’s flawed and very targeted interpretation.
“They basically take our marriage, and they say ‘it doesn’t mean anything. Your child was born out of wedlock,’” Adiel says. “We were there when she was born, she took her first breaths in our arms. Make no mistake: we are her parents—we are her only parents on her only birth certificate.”
The Daily Beast’s article includes the stories of another two married same-sex couples who experienced similar targeted discrimination from the U.S. State Dept.
There is no mistake here: The Trump administration is targeting U.S. citizen same-sex couples, doing everything it can to tear apart their families and depriving them of their 14th Amendment rights, merely because they are same-sex couples.
Enjoy this piece?
… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.
NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.
Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.
Arizona Supreme Court Hands Major Pro-Discrimination Decision to Anti-Gay Christian Conservatives
The Arizona Supreme Court has just ruled in favor of a calligraphy and wedding invitation company whose owners claim their religion forbids them to sell to same-sex couples. Brush & Nib Studio owners Joanna Duka and Breanna Koski are represented by Alliance Defending Freedom. ADF also wrote their business operating agreement, according to ABC 10, before filing the lawsuit on the couple’s behalf.
The court ruled 4-3 that the City of Phoenix “cannot apply its Human Relations Ordinance … to force Joanna Duka and Breanna Koski … to create custom wedding invitations celebrating same-sex wedding ceremonies in violation of their sincerely held religious beliefs.”
This is a narrow ruling in that the court noted that its decision applies only to wedding invitations.
“We do not recognize a blanket exemption from the Ordinance for all of Plaintiffs’ business operations.”
“Duka and Koski’s beliefs about same-sex marriage may seem old-fashioned, or even offensive to some. But the guarantees of free speech and freedom of religion are not only for those who are deemed sufficiently enlightened, advanced, or progressive. They are for everyone. After all, while our own ideas may be popular today, they may not be tomorrow,” the court added.
At issue is the City of Phoenix’s six-year old anti-discrimination ordinance, which ADF attacked in court.
The lawsuit was first filed in 2016. The Duka and Koski are not suing because they have been accused of discrimination. They are preemptively suing for the “right” to reject lesbian, gay, bisexual, and transgender customers. The business owners lost a 2017 judgment and appealed in 2018.
The Southern Poverty Law Center includes the Alliance Defending Freedom (ADF) on its list of anti-gay hate groups. SPLC in 2017 reported Brush & Nib is also a vendor on Etsy, and “voluntarily and willingly agreed to the vendor terms of service for the site, which prohibits discrimination based on sexual orientation and gender identity.”
AZ Central notes that the state’s Supreme Court “has been packed by Gov. Doug Ducey with judges to his liking.” Ducey is a Republican.
Like many local non-discrimination ordinances, Phoenix’s bans discrimination “based on race, color, religion, sex, national origin, marital status, sexual orientation, gender identity or expression, or disability,” AZ Central adds.
Next month the U.S. Supreme Court will hear arguments in three cases of anti-LGBTQ discrimination. Their ruling will have historic effects.
This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.
Georgetown Law Professor: Top Broadcaster ‘Likely’ Killed Interview Because Buttigieg Is Gay
A prominent Georgetown Law professor says Cumulus Media likely blocked an interview one of its country music station hosts had conducted with Pete Buttigieg from airing because the Democratic presidential candidate is gay.
After Huffpost reported that Blair Garner had been told by Cumulus Media he could not air any part of his interview with Buttigieg, Cumulus – the number three broadcaster in the nation of AM and FM radio stations – claimed the decision was based on the “equal time rule.”
Many quickly blasted Cumulus online.
But Talking Points Memo reached out to an expert, Georgetown Law Professor Andrew Schwartzman, who details his explanation but sums it up by saying Cumulus “likely” blocked the interview because Buttigieg is gay.
Schwartzman, a noted media attorney, told TPM the “equal time rule” does not apply to legitimate interviews.
“This was almost certainly a bona fide news interview,” Schwartzman says. “If another candidate asked for equal opportunity, equal time, the station could say no.”
TPM says Cumulus blocked the interview “under false pretenses.”
“This is much more likely to be about Cumulus not wanting to be seen as promoting a candidate who may not be particularly consonant with the proclivities of country station listeners since he is — how should we put this — gay,” Prof. Schwartzman concludes.
If there are any questions about Schwartzman’s bona fides, his stellar bio at Georgetown should put those to rest. It includes this:
From 1978 through 2012, Schwartzman headed Media Access Project (MAP). MAP was a non-profit public interest telecommunications law firm which represented the public in promoting the First Amendment rights to speak and to hear. It sought to promote creation of a well informed electorate by insuring vigorous debate in a free marketplace of ideas. It was the chief legal strategist in efforts to oppose major media mergers and preserve policies promoting media diversity.
WATCH: Minnesota Mayor Angrily Chastises LGBTQ Locals After She Refuses to Sign Gay Pride Proclamation
Columbia Heights, Minnesota Mayor Donna Schmitt has signed proclamations for Arbor Day, National Library Week, Polish American Heritage Month, and even for a local pastor. She recently supported the “second annual Peace Fest, put on by the Science of Spirituality,” but she steadfastly is refusing to sign a gay pride proclamation, and the local LGBTQ community is speaking out.
During Monday’s city council meeting Mayor Schmitt angrily chastised LGBTQ citizens, banging and waving her gavel at them and threatening to “ask some of you to leave,” as video from Fox 9 (below) shows.
“You don’t need a piece of paper from me,” Mayor Schmitt told LGBTQ residents Monday.
The Columbia Heights Pride Organization and other groups tried for weeks to get the mayor to recognize this upcoming Saturday’s LGBTQ Awareness Day and Pride festival. It wasn’t until last week that they finally got to talk with her, and her answer was no.
The mayor claims the group did not follow proper guidelines, and as a result she was unable to sign a proclamation for them.
But Mayor Schmitt admitted to a local news station that those guidelines were developed the same week that the LGBTQ groups began asking for the proclamation.
“It is not about a group, it’s about, let’s follow the guidelines,” Schmitt told ABC 5. “They can go out and celebrate, they are more than welcome to rent our parks and have a family friendly event as they have requested.”
And after Monday’s city council meeting Mayor Schmitt went after the LGBTQ citizens.
“I just hope they realize, they don’t represent everyone in the city either,” she said.
- LOL1 day ago
Trump Tried to Launch #StopTheCoup on Twitter and It Blew Up Hilariously in His Face
- 2020 Road to the White House1 day ago
‘This Is a Real Warning’: Ex-Campaign Aide Bluntly States Clinton Didn’t Go Far Enough Criticizing Tulsi Gabbard
- READ THE CONSTITUTION21 hours ago
Trump Mocked After Saying He Thought Violating the Constitution and Profiting From G7 Hosting Was ‘Good for Our Country’
- IT'S UNCONSTITUTIONAL21 hours ago
Trump Reverses on Illegal Hosting of G-7 at His Own Resort – Blames ‘Media & Democrat Crazed and Irrational Hostility’
- BAD PRESIDENT5 hours ago
Trump Faces Furious State Dept. Revolt for Trashing Career Diplomats on Ukraine: ‘People Are Fed Up’