A federal judge ruled that a United States-Italian lesbian couple’s case against the State Department for refusing to recognize the birthright citizenship of their son will go to trial.
The judge denied the government’s motion to dismiss the case, according to a May 15 Immigration Equality news release.
Immigration Equality is representing the family, along with pro bono counsel Sullivan and Cromwell, LLP.
U.S. citizen Allison Blixt and her Italian wife, Stefania Zaccari, filed their case against the State Department in January 2018 for refusing to recognize U.S. citizenship of their son, Lucas Zaccari, 4, because Zaccari is the birth mother.
The couple wants to return to the U.S. with Lucas and his younger brother, Massi, who was carried by Blixt and has birthright U.S. citizenship, but they haven’t been able to because Lucas wasn’t granted U.S. citizenship. Instead, the family continues to live in London.
“Though we wish we never had to fight this battle, we are relieved and reassured that our case is moving forward,” said Blixt in the release.
The couple is one of two who have sued the State Department over birthright citizenship for their children.
In February, a federal judge ruled in favor of binational couple Andrew Dvash-Banks and Elad Dvash-Banks on behalf of their young son, Ethan Dvash-Banks.
The Dvash-Banks family’s situation was similar to Blixt-Zaccari family.
Ethan Dvash-Banks is biologically connected to his Israeli father, Elad Dvash-Banks, while his twin brother, Aiden Dvash-Banks, is biologically connected to his American father, Andrew Dvash-Banks. Aiden was granted U.S. citizenship.
The judge recognized Ethan Dvash-Banks’ birthright citizenship, “stating that the law doesn’t require a biological connection between a married U.S. citizen and their child to pass on citizenship,” according to the release.
The State Department appealed the Dvash-Banks ruling to the 9th U.S. Circuit Court of Appeals this month.
Originally published by the Bay Area Reporter.
Got international LGBT news tips? Call or send them to Heather Cassell at WhatsApp: 415-517-7239, Skype: heather.cassell or oitwnews@gmail.com.
