Congress of the United StatesWashington, AC 20515

June 6, 2019

The Honorable Michael Pompeo

Secretary of StateU.S. Departmentof State

2201 C Street N.W.Washington, D.C. 20520

Dear Secretary Pompeo:

Weare deeply concerned by the U.S. DepartmentofState’s refusal to recognize the citizenshipat birth of the

children of U.S.citizens in same-sex marriages. We strongly urge you to changethis discriminatory and cruel

policy.

The Immigration and Nationality Act clearly states that the children of a married U.S.citizen are entitled to

citizenshipat birth, regardless of whether the spouse is a U.S.citizen or the child is born abroad. Nobiological

link between the married U.S.citizen parent andtheir children is required. The State Department is now

misapplying the Immigration and Nationality Act by treating the children of same-sex couplesas born “out of

wedlock.” Wefind this to be deeply offensive. Welcoming a new child into a family should bea time ofjoy and

excitement, but instead it is being met by your Departmenttreating these couplesdifferently than their different-

sex counterparts.

The Supreme Court madeclear in Obergefell v. Hodges that same-sex married couples are entitled under the

Constitution to all the rights of different-sex couples, yet the State Department doesnottreat them equally. When

a US.citizen in different-sex marriages applies for a passport for their child, they are presumed to be the parents

and able to pass on birthright U.S.citizenship. However, same-sex couples are subjected to invasive questioning

and DNAtesting to prove a biologicallink to their children. As you know, every federal court that has addressed

this issue has foundthat no biological requirement exists. We agree andfindit disturbing that the State

Departmentis continuing to push its misapplication of law on innocent children.

The State Department policy harms same-sex couples and their families, preventing them from enjoying the full

range ofrights to which they are entitled. We urge you to promptly change your policy so that no more families

endure its discriminatory effects.

Sincerely,

—Ee os

SOMA VNuA~Deb Haaland vid N. Cicilline Tom MalinowskiMember of Congress Memberof Congress Memberof Congress

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