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Lambda Legal, with Immigration Equality, and pro bono counsel Morgan Lewis, filed a lawsuit in the U.S. District Court for the Northern District of Georgia against the U.S. Department of State for refusing to recognize the citizenship of Simone Mize-Gregg, the daughter of U.S. citizens Derek Mize and Jonathan Gregg. The Department of State’s policy treats the children of U.S. citizens in same-sex marriages as “born out of wedlock,” unconstitutionally stripping these children of their citizenship and inappropriately adding a “biological relationship” requirement to the Immigration and Nationality Act.

The lawsuit argues that the Department of State’s policy violates the express language of the Immigration and Nationality Act, unconstitutionally disregards the dignity and equality of the marriages of same-sex couples, and unlawfully discriminates against children simply because their married parents are a same-sex couple.