Judge grants citizenship to twin son of gay couple

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Judge grants citizenship to twin son of gay couple

2019-02-22 12:58 Last Updated At：13:00

A federal judge in California ruled Thursday that a twin son of a gay married couple has been an American citizen since birth, handing a defeat to the U.S. government, which had only granted the status to his brother.

The State Department was wrong to deny citizenship to 2-year-old Ethan Dvash-Banks, District Judge John F. Walter found.

The lawsuit filed by the boys' parents, Andrew and Elad Dvash-Banks, sought the same rights for Ethan that his brother, Aiden, has as a citizen.

Each boy was conceived with donor eggs and the sperm from a different father — one an American, the other an Israeli citizen — but born by the same surrogate mother minutes apart.

The government had only granted citizenship to Aiden, who DNA tests showed was the biological son of Andrew, a U.S. citizen. Ethan was conceived from the sperm of Elad Dvash-Banks, an Israeli citizen.

The lawsuit was one of two filed last year by an LGBTQ immigrant rights group that said the State Department is discriminating against same-sex binational couples by denying their children citizenship at birth. The cases filed in Los Angeles and Washington by Immigration Equality said the children of a U.S. citizen who marries abroad are entitled to U.S. citizenship at birth no matter where they are born, even if the other parent is a foreigner. Only the Los Angeles case was decided Thursday.

The State Department did not immediately respond to an email seeking comment on the ruling. Previously the department pointed to guidance on its website that said there must be a biological connection to a U.S. citizen to become a citizen at birth.

Aaron Morris, executive director of Immigration Equality, said the State Department wrongly applied a policy for children born out of wedlock to married same-sex couples.

The judge agreed, writing that the State Department statute does not contain language "requiring a 'blood relationship between the person and the father' in order for citizenship to be acquired at birth."

"This is justice! We are hopeful that no other family will ever have to go through this again. It's like a giant rock has been removed from our hearts," Andrew and Elad Dvash-Banks said in a statement provided by their attorney.

Andrew Dvash-Banks was studying in Israel when he met his future husband, Elad, an Israeli citizen. Because they couldn't marry at the time in the U.S. or in Israel, they moved to Canada, where they wed in 2010. The children were born by a surrogate in September 2016.

Everything seemed fine until the couple brought their cranky infants to the American consulate in Toronto a few months later to apply for citizenship and the woman at the counter began asking probing questions they found shocking and humiliating.

The consular official told them she had discretion to require a DNA test to show who the biological father was of each boy and without those tests neither son would get citizenship. The men knew that Andrew was Aiden's biological father and Elad was Ethan's but they had kept it a secret and hadn't planned on telling anyone.

After submitting the DNA test results that proved who fathered each boy, the couple received a large and small envelope from the U.S. on March 2. The big one included Aiden's passport. The other was a letter notifying Andrew that Ethan's application had been denied.

The family has since moved to Los Angeles to be closer to Andrew Dvash-Banks' family.

The other case involves two women, one from the U.S., and one from Italy, who met in New York, wed in London and each gave birth to a son. The State Department didn't recognize the couple's marriage, the lawsuit said, and only granted citizenship to the boy whose biological mother was born and raised in the U.S.

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Venice tests a 5-euro entry fee for day-trippers as the Italian city grapples with overtourism

2024-04-26 00:14 Last Updated At：00:20

VENICE, Italy (AP) — Under the gaze of the world’s media, the fragile lagoon city of Venice launched a pilot program Thursday to charge day-trippers a 5-euro ($5.35) entry fee that authorities hope will discourage visitors from arriving on peak days and make the city more livable for its dwindling residents.

Visitors arriving at Venice's main train station were greeted with large signs listing the 29 dates through July of the plan's test phase that also designated separate entrances for tourists, and residents, students and workers.

“We need to find a new balance between the tourists and residents,’’ said Simone Venturini, the city’s top tourism official. “We need to safeguard the spaces of the residents, of course, and we need to discourage the arrival of day-trippers on some particular days.”

Not all residents, however, are persuaded of the efficacy of the new system in dissuading mass tourism, insisting that only a resurgence in the population will restore balance to a city where narrow alleyways and water buses are often clogged with tourists.

Hundreds of Venetians protested against the program, marching festively though the city's main bus terminal behind banners reading “No to Tickets, Yes to Services and Housing.” Protesters scuffled briefly with police with riot gear who blocked them from entering the city, before changing course and entering over another bridge escorted by plainclothes police officers. The demonstration wrapped up peacefully in a piazza.

Tourists arriving at the main station encountered almost as many journalists as stewards on hand to politely guide anyone unaware of the new requirements through the process of downloading the QR code to pay the fee.

Arianna Cecilia, a tourist from Rome visiting Venice for the first time, said she thought it was “strange” to have to pay to enter a city in her native country, and be funneled through separate entrance ways for tourists. She and her boyfriend were staying in nearby Treviso, and so downloaded the QR code as required. But she was still caught off-guard while soaking in her first view ever of Venice's canals by the sight of the entrance signs and her boyfriend telling her to get out the ticket.

On the other side of the entrance ways, workers in yellow vests carried out random checks at the train station. Transgressors face fines of 50 to 300 euros ($53 to $320), but officials said “common sense” was being applied for the launch.

The requirement applies only for people arriving between 8:30 a.m. and 4 p.m. Outside of those hours, access is free and unchecked.

Venice has long suffered under the pressure of overtourism, and officials hope that the pilot project can help provide more exact figures to better manage the phenomenon.

The city can track the number of hotel visitors, which last year numbered 4.6 million and is down 16% from pre-pandemic highs. But the number of day visitors, which make up the majority of the crowds in Venice, could only be estimated until recently.

A Smart Control Room set up during the pandemic has been tracking arrivals from cellphone data, roughly confirming pre-pandemic estimates of 25 million to 30 million arrivals a year, said Michele Zuin, the city’s top economic official. That includes both day-trippers and overnight guests.

But Zuin said the data is incomplete.

“It’s clear we will get more reliable data from the contribution” being paid by day-trippers, he said.

Venturini said the city is strained when the number of day-trippers reaches 30,000 to 40,000. On peak days, local police set up one-way traffic for pedestrians to keep the crowds moving.

Residents opposing the day-tripper tax insist that the solution to Venice's woes are to boost the resident population and the services they need, limiting short-term rentals to make available more housing and attract families back from the mainland.

Last year, Venice passed a telling milestone when the number of tourist beds exceeded for the first time the number of official residents, which is now below 50,000 in the historic center with its picturesque canals.

“Putting a ticket to enter a city will not decrease not even by one single unit the number of visitors that are coming,’’ said Tommaso Cacciari, an activist who organized a protest Thursday against the measure.

“You pay a ticket to take the metro, to go to a museum, an amusement park. You don’t pay a ticket to enter a city. This is the last symbolic step of a project of an idea of this municipal administration to kick residents out of Venice,” he said.

Venice Mayor Luigi Brugnaro declared the launch day, coinciding with an Italian holiday, a success, registering 15,700 paying visitors, 50% more than anticipated.

More than 97,000 others had downloaded a QR code denoting an exemption, including to work in Venice or as a resident of the Veneto region. Hotels in Venice, including in mainland districts like Marghera or Mestre, provided a QR code for visitors to attest to their stay, which includes a hotel tax — accounting for 40,000 of those.

Venturini, the tourist official, said that interest in Venice’s pilot program has been keen from other places suffering from mass tourism, including other Italian art cities, and municipalities abroad such as Barcelona, Spain, and Amsterdam.

But Marina Rodino, who has lived in Venice for 30 years, doesn't see the fee as the cure-all. Neighboring apartments in her residential building near the famed Rialto Bridge once inhabited by families are now short-term apartment rentals.

The corner butcher shop closed. Yet she noted that the new entrance fee requirement will still allow young people to flood the city in the evening for the traditional aperitivo, which can grow rowdy.

She was passing out mock European Union passports for “Venice, Open City,” underlining the irony of the new system, and challenging its legal standing with citations from the Italian Constitution guaranteeing its citizens the right to “move or reside freely in any part of the national territory."

“This is not a natural oasis. This is not a museum. It is not Pompeii. It is a city, where we need to fight so the houses are inhabited by families, and stores reopen. That is what would counter this wild tourism,’’ Rodino said.