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Victory for gay dads is defeat for Trump
Ruling in parentage fight deals blow to State Department policy
Andrew Dvash-Banks and Elad Dvash-Banks always knew they wanted to have a family. They just didn’t know how difficult it would be.
“That was one of the earliest conversations that we had when we first started dating,” Andrew told the Blade days after they won a federal lawsuit over the citizenship of one of their twins. “It’s obviously a very important conversation that any couple has when they start dating, because that could be a deal-breaker. So we were both on the same page about it: we both wanted children.”
Andrew, 38, was an American in Israel pursuing his master’s degree in 2008 when he met Elad, an Israeli, now almost 34. Having a family “was always on the radar,” a goal they knew would only be achievable through alternative reproduction technology.
The couple also knew they wanted to raise their family in California. “The thing that kept us from being with all my family—my parents, my five brothers and sisters, my 14 nieces and nephews—was DOMA (the Defense of Marriage Act),” says Andrew. DOMA was the federal law that prohibited same-sex marriage and thus prevented Andrew from sponsoring his foreign husband in emigrating to America, an automatic right for married heterosexual couples.
After they finished their degrees in 2010, Andrew had to choose between his family in Los Angeles or “being with the man I love. I don’t think anyone should ever have to be in that situation, to have to choose between the two. Obviously, I chose the man I love,” says Andrew. The coupled moved to Toronto in 2010 and got married.
Three years later, after DOMA was overturned, they started the application process for Elad to get a green card. That was finally approved in 2015, so they started to plan their family.
“For same-sex couples, family planning is a different process from different-sex couples,” says Elad. “It requires research, it requires preparation, it requires saving, it requires a lot of things that other couples don’t have to go through.”
They decided on surrogacy that was “all-consuming, mentally, financially, and time-wise,” says Elad. Both contributed genetic materials and subsequently chose “the two highest quality embryos that coincidentally were one from my genetic material and another from Andrew’s genetic material to be used in the pregnancy.”
Aiden and Ethan Dvash-Banks were born four minutes apart in September 2016. Four months later, Andrew and Elad went to the U.S. consulate in Toronto to prepare for their permanent move to LA.
“We came prepared with the boys’ birth certificates—obviously, we are listed on each birth certificate, exclusively, the two of us on each— and all the documents that are required and all the fees to pay,” says Andrew. “We were shocked and baffled and hurt by the response that the State Department official gave us—that she was going to require us to take a DNA test to prove the genetic connection between myself, the American citizen, and both children.”
The official referred to a State Department manual “that interprets the Immigration and Nationality Act and has a biological requirement that does not exist in the actual immigration law,” Elad says, when assisted reproduction technology is involved.
“Her question not only undermined the fact that we are one family, not only created a distinction between both of our kids—that we were legally on their birth certificates from the day that they were born—she also created a distinction between us and other, heterosexual couples, that she would never have asked this question,” says a still angry Elad. “If Andrew and I were a man and a woman, we would show up at a consulate with two beautiful children that have both of our names, on both birth certificates, she would never ask that.”
Elad asked the official directly if she would have required a DNA test of an infertile American man in a heterosexual relationship who used a sperm donor. “It’s at my discretion who I ask for proof of genetic connection,’” Andrew recalls the official saying.
They took the DNA test only to have Aiden granted citizenship and Ethan denied when the results determined that Andrew was not his biological father. However, Ethan was granted a tourist visa that expired last December.
Andrew and Elad Dvash-Banks reached out to Immigration Equality and with the law firm of Sullivan & Cromwell LLP, filed suit against the State Department on Jan. 22, 2018. “The State Department is refusing to acknowledge the citizenship of children whose parents are same-sex married couples. This policy is not only illegal, it is unconstitutional,” Aaron C. Morris, executive director of Immigration Equality and the couples’ attorney, said in a statement. “This action by the State Department disenfranchises children born to bi-national same-sex parents and places an undue burden on their families.”
On Feb. 21, they won. Los Angeles-based District Court Judge John F. Walter wrote in his 11-page ruling that 2-year-old Ethan Dvash-Banks “has been an American citizen since birth.” He also called the State Department official’s interpretation of the citizenship law “strained” at best.
But Walker did not rule on the constitutional merits of the overall State Department policy, making the ruling limited in scope and therefore not necessarily applicable to other families. Immigration Equality is hoping a similar case the advocacy organization filed on the same day and is fighting in Washington on behalf of a lesbian couple living in London will tackle the inequality of the policy’s application to same-sex and heterosexual couples. A judge in that case is considering whether or not the case should be dismissed or go to trial.
Immigration Equality had been working with the Obama administration on updating the policy and Hillary Clinton’s campaign also seemed interested, Morris tells the Blade. When the Trump administration wouldn’t even talk to Immigration Equality, they started looking for alternative ways to help with legal services and advice.
The State Department issued a statement saying “it was reviewing the ruling, but did not respond to questions about what it would mean for the policy going forward,” the New York Times reported. They have 60 days to appeal the ruling.
“I’m an American citizen, my tax dollars are going the State Department. This consulate is representing me and my interests,” says Andrew. “Who are they to turn to me and tell me that my son is not my son? I cut his umbilical cord. I’ve been there since the minute he took his first breath. I’ve changed every poopy diaper. I’m his father. I’m on his birth certificate. Just because I don’t share a genetic connection with him doesn’t make me any less his father than Elad. So it’s very hurtful.”
“I think there’s a fundamental problem with presumption of parentage,” says Elad. “When you see a heterosexual couple with kids, you assume that both of those parents are the genetic parents of those kids. But that might not be correct, and in fact there are many heterosexual couples who are not both genetically related to their kids. In same-sex couples, this presumption does not exist. We don’t enjoy the presumption of parentage because we are in a same-sex relationship. And that is, in our mind, the problem with the distinction that the State Department is making.”
The couple say they feel “so relieved, and so happy, that the court agreed” that Ethan is the same as his twin brother,” says Elad. But “with all the happiness and the joy of the decision, no one can give us back the two years of stress, of sleepless nights, of worries, of health issues for us, that we had to endure—wrongfully, because it wasn’t our fault. The State Department made the wrong decision. The judge’s decision says that clearly—that Ethan was an American citizen at birth. So, with the joy and the happiness of the decision, things are now corrected and are as they were supposed to be. But no one can give us back those two years we lost.”
Morris notes the internal harm caused to both parents and a child who is told they are not equal to their sibling. But he also sees hope ahead.
“We’ve been fighting for a very long time to ensure equality and we are still winning,” says Morris. “It’s a never-ending struggle. But it’s always worth the fight.”
The Immigration Equality hotline is 212-714-2904. But Morris suggests going to the organization’s website where there is a lot of useful information to help get you to the right person: immigrationequality.org.
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Your guide to D.C.’s queer New Year’s Eve parties
Ring in 2026 with drag, leather, Champagne, and more
With Christmas in the rear view mirror, we can turn our attention to ringing in a much-anticipated New Year with a slew of local LGBTQ parties. Here’s what’s on tap.
Pitchers
This spacious Adams Morgan bar is hosting the “Pitchers’ Perfect New Year’s Eve.” There will be a midnight Champagne toast, the ball drop on the big screens, and no cover, all night long. The bar doesn’t close until 4 a.m., and the kitchen will be open late (though not until close). All five floors will be open for the party, and party favors are promised.
Trade
D.C.’s hottest bar/club combo is leaning into the Shark motif with its NYE party, “Feeding Frenzy.” The party is a “glitterati-infused Naughty-cal New Year’s Even in the Shark Tank, where the boats are churning and the sharks are circling.” Trade also boasts no cover charge, with doors opening at 5 p.m. and the aforementioned Shark Tank opening at 9 p.m.. Four DJs will be spread across the two spaces; midnight hostess is played by Vagenesis and the two sea sirens sensuously calling are Anathema and Justin Williams.
Number Nine
While Trade will have two DJs as part of one party, Number Nine will host two separate parties, one on each floor. The first floor is classic Number Nine, a more casual-style event with the countdown on TVs and a Champagne midnight toast. There will be no cover and doors open at 5 p.m. Upstairs will be hosted by Capital Sapphics for its second annual NYE gathering. Tickets (about $50) include a midnight Champagne toast, curated drink menu, sapphic DJ set by Rijak, and tarot readings by Yooji.
Crush
Crush will kick off NYE with a free drag bingo at 8 p.m. for the early birds. Post-bingo, there will be a cover for the rest of the evening, featuring two DJs. The cover ($20 limited pre-sale that includes line skip until 11 p.m.; $25 at the door after 9 p.m.) includes one free N/A or Crush, a Champagne toast, and party favors (“the legal kind”). More details on Eventbrite.
Bunker
This subterranean lair is hosting a NYE party entitled “Frosted & Fur: Aspen After Dark New Year’s Eve Celebration.” Arriety from Rupaul Season 15 is set to host, with International DJ Alex Lo. Doors open at 9 p.m. and close at 3 p.m.; there is a midnight Champagne toast. Cover is $25, plus an optional $99 all-you-can-drink package.
District Eagle
This leather-focused bar is hosting “Bulge” for its NYE party. Each District Eagle floor will have its own music and vibe. Doors run from 7 p.m.-3 a.m. and cover is $15. There will be a Champagne toast at midnight, as well as drink specials during the event.
Kiki, Shakiki
Kiki and its new sister bar program Shakiki (in the old Shakers space) will have the same type of party on New Year’s Eve. Both bars open their doors at 5 p.m. and stay open until closing time. Both will offer a Champagne toast at midnight. At Kiki, DJ Vodkatrina will play; at Shakiki, it’ll be DJ Alex Love. Kiki keeps the party going on New Year’s Day, opening at 2 p.m., to celebrate Kiki’s fourth anniversary. There will be a drag show at 6 p.m. and an early 2000s dance party 4-8 p.m.
Spark
This bar and its new menu of alcoholic and twin N/A drinks will host a NYE party with music by DJ Emerald Fox. Given this menu, there will be a complimentary toast at midnight, guests can choose either sparkling wine with or without alcohol. No cover, but Spark is also offering optional wristbands at the door for $35 open bar 11 p.m.-1 a.m. (mid-shelf liquor & all NA drinks).
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Local, last-minute holiday gift ideas
Celebrate the season while supporting area businesses
The DowntownDC Holiday Market is bustling. Union Station is decked out with its annual Christmas tree. Washingtonians have wrapped their houses and apartment balconies with festive lights and holiday decorations. The holiday season is here. And with stockings to fill and empty space under the tree, Washington’s local shops and artists have plenty to offer.
Show your LGBTQ and D.C. pride with the Washington Blade’s annual holiday gift guide.
To embrace the holiday buzz: The Blanco Nwèl cocktail from Alchy Cocktails. This Caribbean eggnog is one of Alchy Cocktail’s seasonal holiday cocktails. The flavor profile is similar to coquito, a traditional Puerto Rican Christmas drink with a coconut base. As a queer and Caribbean-owned business, Alchy Cocktails has been based out of Washington since 2021. Blanco Nwèl is available in both cocktail ($24) and mocktail ($12) online and at a variety of holiday markets, including the Tingey Plaza Holiday Market, the Flea Market at Eastern Market, Union Station’s Main Hall Holiday Market, and more. ($24)
A spicy bite: Gordy’s Cajun Okra from Salt and Sundry. These spicy, tangy pickles pull on Southern Cajun-style flavors, packing a punch with paprika, cayenne, and more. Gordy’s is an LGBTQ-owned and Washington-based brand, making this gift an opportunity to support a local LGBTQ business straight from the jar. This pantry staple is available on Salt & Sundry’s website and at its locations in Union Market, Logan Circle, and its Georgetown holiday pop-up store. ($14)
To celebrate Washington pride: The DC Landmark Tote Bag from The Neighborgoods. Native Washingtonians, visitors, friends and family alike will find something to love about this Washington-themed tote bag. Food trucks, the 9:30 Club, the Metro logo and pandas from the National Zoo are just some of the city’s landmarks depicted across the tote in a red, white, and blue color palette. The tote is a part of the DC Landmarks collection, which donates 10 percent of its sales to the American Civil Liberties Union. The Neighborgoods itself is a local, woman-owned business built out of a passion for screen-printing in 2013. The 100 percent cotton canvas tote is for sale online or at the DowntownDC Holiday Market. ($22)
To give friends and family their flowers: The Flowers Bandana from All Very Goods. This 100 percent cotton bandana was designed in Washington and hand printed in India. Its uniqueness comes in being covered with the faces of Black women, representing a “love letter to all women but especially Black women,” according to All Very Goods. The Black woman-owned and operated business, based out of Northwest Washington, has a mission to celebrate diversity and representation through its products. The bandana intends to give Black women their “flowers.” The Flowers bandana is available for purchase online. ($24)
To unlock culinary creativity: The Curious Chef Gift Collection from Each Peach Market. This customizable collection of kitchen oddities — ranging from tinned fish to chili oil — is a quirky gift for the most inventive chefs. The collection is available in a Standard Santa, Extra Goodies and Super Holiday Size for up to $165. The Washington-based market, founded in 2013, permits customers to make the collection special by specifying what unique ingredients are packaged, including products made by local or LGBTQ brands. Each Peach Market offers assembly and pick up in-person at its Mount Pleasant shop and also offers local delivery and nationwide shipping via its website. ($85)
To give a touch of sweetness: The DC Landmark Chocolate Covered Oreo Holiday Cookies from Capital Candy Jar. Wrapped in a festive red bow, this box of nine cookies embraces love for Washington and the holiday season in one. Among the dark and milk chocolate covered cookies are images of the U.S. Capitol, the White House, the Lincoln Memorial, the Jefferson Memorial and festive hollies. The treat, packaged in a Hill East facility just a few blocks from the Capitol, is available for purchase online and at the DowntownDC Holiday Market. ($23.95)
To celebrate queer gaming: Thirsty Sword Lesbians from Labyrinth Games & Puzzles. This roleplaying game embraces lesbian culture by unlocking a world of swords, romance, and battle. Ideal for group settings, the book presents a system of world building and character identities that are best brought to life by creative minds. Labyrinth, which has been a local Washington business for more than 15 years, celebrates non-digital fun through games and puzzles that connect the community. This gift is offered online and at Labyrinth’s Capitol Hill location. ($29.99)
To make a bold statement: The “Resist” T-shirt from Propper Topper. This locally screen-printed black tee features the Washington flag designed within a raised fist, symbolizing both Washington pride, and political resistance. The shirt is made exclusively by Propper Topper, a local Washington business that evolved from a hat shop to a gift store since opening in 1990. The tri-blend unisex shirt is available both for pickup at Propper Topper’s Cathedral Heights location and shipping via the online site. ($32)
To keep it c(g)lassy: The Glass Ball earrings from Blue Moon Aquarius. Gifting can rarely go wrong when it comes to a new pair of earrings. The unique statement earrings — made of polymer clay, glass, and 18k gold plating over surgical steel — are hand cut, sanded and assembled in Washington, meaning each set is unique. Blue Moon Aquarius, a local brand, is known for its small batch jewelry and home decor designed with clay materials. Available in oxblood, hunter green, lavender, and bluestone color palettes, these earrings are available for purchase on Blue Moon Aquarius’ website and at the DowntownDC Holiday Market. ($48)
To elevate a holiday tea or charcuterie party: The Honey Flight: Tea Lover’s Selection from BannerBee. This local honey company presents the ideal gift to make cozying up with a cup of tea slightly more special. The Honey Flight contains three types of raw wildflower honey infused with fair trade Ugandan vanilla bean, chai spices, and locally sourced lemon thyme herb. The gift is also an opportunity to uplift a family company based in the Mid-Atlantic that offers all-natural, sustainable products. The flight is available online, at the DowntownDC Holiday Market or at the Arlington Courthouse and Dupont Farmers’ Markets. ($36)
For Baltimore shoppers: If you’re in Charm City, don’t miss Balston Mercantile, opened by a gay couple in June. Their gorgeous shop in the Hampden neighborhood offers an array of unique, upscale finds, from barware and artwork to cookbooks and home decor and more. (849 W. 36th St.)
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Have yourself a merry John Waters Christmas
Annual holiday show returns to Alexandria and Baltimore
When it comes to iconic Christmas scenes in movies, none can top the tree-toppling tantrum thrown by cha-cha heels-deprived Dawn Davenport in John Waters’s fifth full-length feature “Female Trouble” from 1974. Therefore, it’s not surprising that Waters continues to make art out of Christmas, performing his spoken word Christmas tour in cities across the country. Waters has even more reason to celebrate with the release of his new red vinyl 7” single, a cover of Little Cindy’s “Happy Birthday Jesus (A Child’s Prayer)” on the A-side, and “A Pig Latin Visit From St. Nicholas” on the B-side. If you’re still looking for unique Christmas gifts, consider this record. As always, John was kind enough to make time for an interview in advance of his tour dates.
BLADE: John, in preparation for this interview with you, I went back and listened to Little Cindy’s original rendition of “Happy Birthday Jesus (A Child’s Prayer)” on your “A John Waters Christmas” CD.
JOHN WATERS: One thing I did, if you notice, I make the same stumble in my recording that she did in the original.
BLADE: It sounded to me like she got choked up.
WATERS: No, I think she just stumbles over a word, so I stumbled over the same word. It’s appropriation, insanely.
BLADE: Is this a song you first became aware of in your youth or when you were an adult?
WATERS: When I was doing the Christmas album, I had this friend named Larry Benicewicz. He was kind of my idea man with music. He knew every single old record. I would say to him, “Weird Christmas songs,” when we were doing a soundtrack, or a song about bears, or a song about this, and he would give me all these tapes. It was one of the ones he played for me. A lot of the songs I put in my movies and on my records, I did know as a kid. I did not know this one, but I immediately embraced it. I don’t think it’s campy. I think it really is spiritual in a weird way. My doing it makes it a novelty record. I am really for novelty records, and there aren’t any anymore. Why was there not a COVID novelty record? That’s insane. The dance “The Bug” that’s on the “Hairspray” soundtrack would be perfect for COVID.
BLADE: The thing that struck me was that for a Christmas song in the voice of a child, a kind of death pall hangs over it, with lines like, “If I was good you’d let me live with you” and “they nailed you to the cross, they wanted you to die.”
WATERS: All of it! When I see children at midnight mass kneeling in front of a nude man nailed to a cross, I feel like I’m at The Eagle! It is S&M, it’s creepy. I took the same cover (photo) from her record to parody and put my face on it. The same thing I did with The Singing Dogs last year when I covered (their version of) “Jingle Bells.” I’m really into novelty records. I love them and I’m trying to bring them back. I don’t expect anybody to ever play these records. Even The Singing Dogs one said on it, “Please do not play this record” [laughs]. And the flipside, the Pig Latin version, is almost impossible to listen to.
BLADE: I’m so glad you mentioned that. “A Pig Latin Visit From St. Nicholas” reminded me of the lost art of speaking in Pig Latin. I also recall watching the PBS series “Zoom” as an adolescent and learning to speak “ubbi dubbi,” a distant relative of Pig Latin. Do you think that the time is right for a Pig Latin or ubbi dubbi revival?
WATERS: Here’s the thing, I never could pick up any language, except Pig Latin. I’ve been in every foreign country. Foreign countries have given me money to learn to speak the language. I can never do it! But Pig Latin…my parents and other parents in the ‘50s spoke Pig Latin so kids couldn’t understand what they were saying. Then my mother taught it to me, and I used it. The hardest take to shoot in “Pink Flamingos” was not eating the dog shit. It was when the cast skipped, in one take, saying “E-way, are-yay e-they ilthiest-fay eople-pay in-hay e-they ole-hay ide-way orld-way.” We’re the filthiest people in the whole wide world in Pig Latin. We had to do so many takes so they could do it once without screwing it up. In “Polyester,” Edith (Massey) answers the phone, “ello-hay.” I did a photo piece where it was all subtitled in Pig Latin. Like “osebud-Ray” (from “Citizen Kane”) or in “Streetcar,” “ella-Stay!” [Laughs] All the iconic dialogue translated into Pig Latin. My assistant who helped me do it, had never heard of Pig Latin. She really got good at it because she lived in many foreign countries and can pick up languages. But it’s not that easy to do it correctly and read it. Your computer will translate into Pig Latin.
BLADE: AI understands Pig Latin?
WATERS: I guess that’s AI. It wasn’t 100% right, but it was close. I can speak it if I look at it, but just do a bit at a time. It was a challenge that no one would possibly care about or want to do.
BLADE: I think you pulled it off very well.
WATERS: If you want people to leave on Christmas morning, you put it on. That’s how you get your guests to leave. It’s time to go.
BLADE: Ood-gay i-bay! How did your relationship with record label Sub Pop, which released 2021, 2022, 2024, and new 2025 holiday singles, come about?
WATERS: I believe the first thing I did for them was “Prayer to Pasolini.” They came to me through Ian Brennan. He’s won a couple Grammys for World Music, but he is also is one of my agents who does the Christmas tour and a lot of my shows, anything with music. He helped me arrange each one of the songs. He had a relationship with Sub Pop. It was perfect. My friends in Baltimore, (the band) Beach House, have had huge success.
BLADE: That’s right, they’re on Sub Pop!
WATERS: Yes! I’m happy to be on it. I’ve even been to the warehouse and posed for pictures like Jackie Suzanne used to do.
BLADE: Is there any chance that “A John Waters Christmas” might be reissued on vinyl by Sub Pop?
WATERS: No. It’s such a nightmare to get the rights and to renew them. You have to find the publisher and the writer, and they usually hate each other. It doesn’t matter if it’s obscure or famous, it’s hard to get. You have to make the deal. The singer doesn’t get anything unless they play it on the radio. It would be so complicated legally, and there would be such a [laughs] tiny audience for it. I hope it will come out again. The same thing with the one for Valentine’s Day. I had two of them that did quite well when they came out; “A Date With John Waters and “A John Waters Christmas.” The “John Waters Christmas” album is still the soundtrack that plays whenever I’m doing my spoken word Christmas show as people are entering the theater.
BLADE: Aside from your annual Christmas show tour, what else do you do for the holidays now, and are there any traditions that you’ve carried over from your family?
WATERS: Certainly! I have two sisters, my brother’s widow, and me, so there are four and we take turns each year to have the Christmas dinner. Mine was last year. An entire sit-down dinner. Mom’s China, the silverware, the entire full dinner. It’s pretty traditional. I don’t have a Christmas tree, but I do decorate the electric chair from “Female Trouble.” That is a tradition in my family. We do have Christmas decorations, but they’re usually weird ones that fans sent me. I have one with Divine knocking over the Christmas tree, and the Christmas tree lights up, all sorts of amazing things. There is definitely a tradition here that might be a little altered, but it is definitely a tradition. I used to have a giant party every year, but COVID ended that. I still wouldn’t want 200 people in my house breathing right now.
BLADE: I was looking at your tour schedule and wondered if there are any new cities in which you’ve never performed the John Waters Christmas show that have been added to this year’s schedule?
WATERS: I don’t think there’s a city in America in which I haven’t done one show! The only places I haven’t been to are Hawaii and Alaska. I could do it there, but it’s too long on a tour. I can’t think of a city I haven’t played in in America over the last 50 years. The Christmas show is completely different every year. It doesn’t matter if you saw it last year.
How to cope when a partner gives you the silent treatment
Out actor talks lead role in ‘Fiddler on the Roof’
This gay author sees dead people
Holiday week brings setbacks for Trump-Vance trans agenda
Your guide to D.C.’s queer New Year’s Eve parties
Your guide to D.C.’s queer New Year’s Eve parties
Holiday week brings setbacks for Trump-Vance trans agenda
Out actor talks lead role in ‘Fiddler on the Roof’
This gay author sees dead people
