Pirate's Cove

Obviously, everything is awful, and people should just be allowed to manufacture law from their feelings whenever they want

Gay Dads Sue State Department Over Refusal To Recognize Daughter As US Citizen

A same-sex couple in Georgia said in a lawsuit filed Tuesday that the U.S. State Department is unconstitutionally refusing to recognize their daughter’s rightful American citizenship.

The State Department’s policy treats married same-sex couples as if their marriages do not exist and treats them differently from married straight couples in violation of the law and the Constitution, according to the suit filed in federal court in Atlanta. It was filed on behalf of Derek Mize and Jonathan Gregg, whose daughter Simone was born in England in July 2018 via surrogate.

Both men are U.S. citizens and are listed as her parents on the birth certificate. But because only one has a biological connection to her, the lawsuit says, the State Department is treating her as if she was born outside of marriage, triggering additional conditions for the recognition of her citizenship.

A child born abroad to married U.S. citizens is automatically a U.S. citizen as long as one parent has lived in the U.S., the lawsuit says. But there are additional requirements if the parents are not married or if only one is a U.S. citizen.

Mize was born and raised in Mississippi, while Gregg was born in London to a U.S. citizen mother and British father and was raised in London with dual citizenship.

One would think they would take a look at the relevant laws and statutes before

A close friend in England agreed to be their surrogate. Mize stayed in England with her for most of the pregnancy, and Gregg joined them for the final five weeks. Both men were present for Simone’s birth in July 2018 — Gregg cut the umbilical cord while Mize held her. They returned to their home in Decatur, just outside Atlanta, in September. (snip)

Since she’s the child of two men and not biologically related to both, the State Department treated her as if she was born “out of wedlock,” the lawsuit says. And because Gregg, the biological parent, hadn’t lived in the U.S. for five years prior to Simone’s birth, the State Department determined she’s not a U.S. citizen.

Why England? Why not have the child born in the U.S.? Would have been a slam-dunk. Further, this has nothing to do with being gay, since this would happen to a straight couple, as well, if you throw in the surrogate mother issue. But, see

When the embassy staff didn’t recognize his marriage or his parental relationship to his daughter, he said, it all came rushing back.

“In that moment, every anxiety I’ve ever had in my life about being gay and different came into my body and I just wanted to cry,” he said.

It’s always about feelings and scapegoating other people, become the Victim.

Follow the law next time. Have the baby in the U.S.