A judge has ruled on Trump’s battle with a same-sex family. It didn’t go well for Trump.

Roee and Adiel Kiviti, with their son and daughter.
Photo: NBC screenshot

A U.S. District Judge has ruled in favor of a male same-sex couple fighting the U.S. State Department after the government claimed their child born via a surrogate wasn’t a U.S. citizen.

The couple’s case is actually one of a handful of similar cases being fought in courts against the Trump administration’s policies against same-sex couples.

Related: Trump administration wants to change rules so homeless shelters can turn away trans people

Roee Kiviti and Adiel Kiviti sued the State Department after it denied their child a U.S. passport by claiming their daughter wasn’t a U.S. citizen because she was born in Canada with no genetic relationship to one of her fathers.

The Kivitis are both naturalized U.S. citizens who were born in Israel: Roee has lived in the U.S. since 1982 and became a U.S. citizen in 2001. Adiel moved to the U.S. in May 2015 and became a U.S. citizen in January 2019. A surrogate gave birth to their daughter, Kessem, in Canada in February 2019 via Adiel’s sperm and a donated egg.

The State Department claimed that the couple’s child wasn’t a U.S. citizen because its biological father, Adiel, hadn’t lived in the U.S. long enough to satisfy its five-year residency requirement to be considered a U.S. citizen. But U.S. District Judge Theodore Chuang rejected the State Department’s thinking….

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