Members of the Kiviti family—married fathers Adiel and Roee, their son Lev, and their daughter Kessem—have won their case against the State Department after Kessem was denied United States citizenship. The baby was born via surrogate in Canada in the spring of 2019, which the State Department deemed an “out of wedlock” birth that rendered the baby ineligible for a U.S. passport. Their son, born the same way, had no issue with the State Department. They sued for Kessem's citizenship in September 2019. Omar Gonzalez-Pagan, an attorney for Lamda Legal who helped argue the case, issued a statement on Twitter: “Today’s victory confirms once again that married same-sex couples cannot be carved-out from laws tied to marriage.”
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