➤ BI-NATIONAL FAMILY, from p.18 ➤ GLSEN SURVEY from p.18
sumption is now applied in US law
to same-sex married couples and
allows the spouse of the child’s
biological mother or father to be
listed as a parent on the birth certifi
cate.
The State Department posture
on the immigration statute impacts
more than just same-sex couples.
In fact, in its unanimous ruling
the Ninth Circuit relied on two circuit
precedents — from 2000 and
2005 — involving the State Department’s
interpretation as it was
applied to citizenship questions
regarding the children of different
sex couples.
In Scales v. INS in 2000, the
circuit ruled that a Philippinesborn
man who moved to the US
as an infant with his mother, a
Philippine citizen, and her husband,
an American serviceman
stationed there, was a US citizen
— and therefore immune from deportation
on drug charges — even
though the serviceman had long
maintained he was not the biological
father of his wife’s son. The
Ninth Circuit applied the spousal
parental presumption to fi nd that
the man facing deportation was
the legal offspring of the American
serviceman.
The Ninth Circuit applied the
same principle in Solis-Espinoza
v. Gonzales fi ve years later, a case
in which the American citizen parent
was the wife of the child’s biological
father, a Mexican citizen.
Though the biological mother was
a Mexican citizen, since the father
was married to an American citizen
wife at the time of his birth,
that child could claim American
citizenship “by virtue of the US citizenship
of the woman he knew as
his mother,” in the circuit’s words.
The challenge facing the Dvash-
Banks family was particularly
poignant since they now live
in California and young Ethan
Dvash-Banks is the only member
without an unhindered route to
US citizenship. His brother Aiden
is recognized as a US citizen from
birth since his biological father is
Andrew. Elan can gain citizenship
as Andrew’s husband. Ethan faces
a taller hurdle.
negative way at school and roughly
45 percent of queer youth reported
experiencing some form of cyberbullying,
including via text messages
or postings on social media.
Not all of the numbers emerging
from the survey were discouraging,
however.
Transphobic language has decreased
over the last two years and
more students than ever are participating
in gay-straight alliances
(GSAs), which translates into improvements
in school attendance
and more participation in community
activism.
“For two decades, the National
School Climate Survey has been
a powerful tool for change. When
GLSEN launched the survey in
1999, no research existed that examined
the experiences of LGBTQ
students across schools nationwide,”
GLSEN executive director
Eliza Byard said in a written statement.
“This biennial survey has
provided educators, policymakers,
LGBTQ students and advocates
with the data and research needed
to create safe and inclusive schools
for LGBTQ students. We’ve seen
signifi cant improvement in the
lives of LGBTQ students over the
past 20 years, but progress has
slowed.”
GLSEN recommends that
schools commit to bolstering professional
development so there are
more staff members and teachers
available to assist queer students;
implement anti-bullying, anti-harassment
policies; get rid of anti-
LGBTQ dress codes and bathroom
policies; introduce LGBTQ-inclusive
curriculum; and bring GSAs
to more schools.
“Our research over the past two
decades points to clear actions
that schools can take to protect
students who are facing anti-LGBTQ
harassment and other forms
of discrimination,” Joseph Kosciw,
director of GLSEN’s Research Institute,
said in a written statement.
“It’s time for each and every school
leader to understand the barriers
that LGBTQ students face and to
commit to making the changes
necessary to protect all students,
regardless of their sexual orientation,
gender identity or gender expression.”
➤ BI-NATIONAL FAMILY, continued on p.21
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GayCityNews.com | October 22 - November 4, 2020 19
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