Posted on 06/21/2020 7:04:09 AM PDT by Salman
SILVER SPRING, Md. (AP) — A federal judge ruled Wednesday that the State Department must recognize that the daughter of a gay couple in Maryland has been a U.S. citizen since her birth in Canada via a surrogate last year.
U.S. District Judge Theodore Chuang rejected the State Department’s position that the child was born out of wedlock because one of her married parents is not her biological parent.
The girl’s parents, Roee Kiviti and Adiel Kiviti, sued after the State Department denied her application for a U.S. passport. The couple argued that their equal protection rights were violated by a State Department policy requiring that both parents be biologically related to a child in order to consider that the child was born in wedlock.
(Excerpt) Read more at apnews.com ...
Judge decrees international human trafficking legal when wealthy sodomites buy babies from the poor.
Our laws have been replaced with judge’s feelings and emotions. At least when the issue involves liberals.
Any similar argument by conservatives would have been rejected.
Lots of freepers think this person is now eligible to run for President, sadly.
Natural born citizen means born here of citizen parents.
Born a citizen as suggested by Hamilton was rejected as not restrictive enough as it would allow those with divided citizenship, loyalties and allegiances to get into the Oval Office.
The founders wanted only those who were SOLELY Americans to be eligible for President.
ANYONE born with more than ONE nationality is NOT a natural born citizen.
An Asian judge, ruling that a child born in Canada to an Israeli woman and a man from God knows where is an American by birth. WTF, can we get more ridiculous?
This will be used as a precedent for animal rights, human clones and human-animal hybrids.
Well, no. Only one parent is required to confirm citizenship in the US. One of my granddaughters achieved this.
Whether the kid is a citizen is as nothing compared to the legalization of human trafficking.
Natural born means born here. Period.
This person (subject of the article) is not a natural born citizen...they can be naturalized through adoption, etc. and all that process entails.
Your definition is still clearly wrong and made up out of whole cloth, as even a cursory amount of research will demonstrate.
No it doesn’t.
Your favorite anchor babies are not natural born citizens, they inherited the nationalities of their foreign national parents.
That picture answers my question.
I couldn’t tell from the names what sex the parents started out as, or claimed to be now.
Eeriely similar to the Obama citizenship question, as his polygamous father was NEVER a U.S. citizen, just as the child’s mother in this case.
This case ignores Minor v. Happersett, which defined natural born citizen as issue from parents (plural) who are both citizens.
The one parent with a biological connection to the child did not satisfy the five-year residency requirement. I still contend that this judge would have ruled differently in a similar case involving conservatives.
The judge is a Harvard grad, his parents were immigrants, he was appointed by Barack Obama and you deny there were any emotions influencing his “judgement”?
The case still has some unresolved issues so we’ll see.
“The one parent with a biological connection to the child did not satisfy the five-year residency requirement.”
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For Obama, there were statehood laws for Hawaii and federal laws for immigration, and fed family law for American women who gave birth overseas in wedlock provides U.S. citizenship. Obama’s father had a wife in Kenya; the U.S. does not recognize polygamy as the Muslims in Kenya do; therefore Obama was born out of wedlock.
The federal laws have changed since then, but it looks like a court case necessary to resolve the differences between immigration law and family law re: citizenship of child when Obama was born.
There is no such thing as “surrogate mother.” “Mother” does not need any qualifier. It’s “mother,” or non-mother.
Same way for “trans woman.” “Woman” does not need a qualifier. It’s “woman” or non-woman.
Our immigration system is a mess. Just one more thing our so-called congress is failing to address.
Judge Theodore Chuang was born in Media, Pennsylvania, and grew up in Lexington, Massachusetts. While his ancestors were in fact, from Asia, we would typically refer to him as an American judge.
Please explain how someone born with multiple nationalities is naturally an American.
Our laws have been replaced with judge’s feelings and emotions.
https://law.justia.com/codes/us/2018/title-8/chapter-12/subchapter-iii/part-i/sec-1401/
8 U.S.C. § 1401 (2018)§1401. Nationals and citizens of United States at birth
The following shall be nationals and citizens of the United States at birth: ...
(d) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;
In this case, the assertion is that the child was born of the sperm of a U.S. citizen, and the donated egg of an unidentified woman, by a woman in Canada who acted as a surrogate. Assuming those assertions to be true, and the father was physically present in the United States for a continuous period of one year prior to the birth of the child, the law says the child was born with United States citizenship.
Blame the law, and the genius of the lawmakers, not the judge.
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