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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.
a&e features
Memorial for groundbreaking bisexual activist set for May 2
Loraine Hutchins remembered as a ‘force of nature’
The Montgomery County Pride Center will host a celebration honoring the life and legacy of Loraine Hutchins, Ph.D., on May 2. People are invited to attend the onsite memorial or a livestream event. The on-site event will begin at 10 a.m. with a meet-and-greet mixer before moving into a memorial service around the theme “Loraine a Force of Nature!” at 11 a.m., a panel talk at 12 p.m., break out sessions for artists, academics, and activists to build on her legacy at 1 p.m. and a closing reception at 2 p.m.
Attendees are encouraged to register for the on-site memorial gathering or the livestreamed memorial. The goal of this event is also to collect stories and memories of Loraine. Attendees and others can share their stories at padlet.com.
An obituary for Hutchins was published in the Bladelast Nov. 24, where people can learn more about her activism in the bisexual community. A private service for friends and family was held in December but this memorial service is open to all.
Alongside her groundbreaking work organizing for U.S. bisexual rights and liberation including co-editing “Bi Any Other Name: BIsexual People Speak Out” (1991), she also integrated faith into her sexual education and advocacy work. Her 2001 doctoral dissertation, “Erotic Rites: A Cultural Analysis of Contemporary U.S. Sacred Sexuality Traditions and Trends,” offered a pointed queer and feminist analysis to sex-neutral and sex-positive spiritual traditions in the United States. Her thesis was also groundbreaking in exploring the intersections between sex workers and those in caregiving professionals, including spiritual ones.
In an oral history interview conducted by Michelle Mueller back in August 2023, Hutchins described herself as a “priestess without a congregation.” While she has occasionally had a sense of community and feels part of a group of loving people, she admitted that “I don’t feel like we have the shape or the purpose that we need.”
“I’ve often experienced being the Cassandra in the room, the Cassandra in the community. Somebody who’s kind of way out there ahead, thinking through the strategic action points that my community hasn’t gotten to yet, and getting a lot of resistance and hostile responses from people who are frightened by dissent and conflict and not ready for the changes we have to make to survive,” she said.
“For somebody who’s bisexual in an out political way and who’s been a spokesperson for the polyamory movement in an out political way, it’s very exposing. And it’s very important to me to be able to try to explain and help other people understand the connection between spirituality and sexuality,” she explained citing how even as a graduate student she was “exploring how to feel erotic and spiritual, and not feel them in conflict with each other in my own spiritual contemplative life and my own sensual body awareness of being alive in the world.”
“Every religion has a sense of sacred sexuality. It’s just they put a lot of boundaries and regulations on it, and if we have a spiritual practice that is totally affirming of women’s priesthood and of gay people, queer people’s ability to minister to everyone and to be ministered to be everyone, what does that do to the gender of God, or our understanding of how we practice our spirituality and our sexuality in community and privately?”
“There’s no easy answer,” she concludes, and she continued to grapple with these questions throughout her life, co-editing another seminal text, “Sexuality, Religion and the Sacred: Bisexual, Pansexual, and Polysexual Perspectives,” published in 2012. Her work blending spiritual and queer liberation remains groundbreaking to this day.
Rev. Eric Eldritch, a local community organizer and ordained Pagan minister with Circle Sanctuary who has worked for decades with the DC Center’s Center Faith to organize the Pride Interfaith Service, is eager to highlight this element of her legacy at the memorial service next month.
a&e features
Queery: Meet artist, performer John Levengood
Modern creative talks nightlife, coming out, and his personal queer heroes
John Levengood (he/him) describes himself as a modern creative with a wide‑ranging toolkit. He blends music, technology, civic duty, and a sharp sense of wit into a cohesive artistic identity. Known primarily as a recording artist and performer, he’s also a self‑taught music producer and software engineer who embodies a generation of creators who build their own lanes rather than wait for one to appear.
Levengood, 32, who is single and identifies as gay and queer, is best known as a recording artist who has performed at Pride festivals across the country, including the main stages of World Pride DC, Central Arkansas Pride, and Charlotte Pride.
“Locally in the DMV, I’m known for turning heads at nightlife venues with my eye-catching sense of style. When I go out, I don’t try to blend in. I hope I inspire people to be themselves and have the courage to stand out,” he says.
He’s also known for hosting karaoke at Freddie’s Beach Bar in Arlington, Va., on Thursday nights. “I like to create a space where people feel comfortable expressing themselves, building community, and showcasing their talents.”
He also creates social media content from my performances and do interviews at LGBTQ+ bars and theatres in the DMV. Follow the Arlington resident @johnlevengood.
How long have you been out and who was the hardest person to tell?
I have been fully out of the closet since 2019. My parents were the hardest people to tell because my family has always been my rock and at the time I couldn’t imagine a world without them. Their reactions were extremely positive and supportive so I had nothing to fear all along.
I remember sitting on the couch with my mom, dad, and sister in our hotel room in New Orleans during our winter vacation and being so nervous to tell them. After I finally mustered up the nerve and made the proclamation, I realized my dad had already fallen asleep on the couch. My mom promised to tell him when he woke up.
Who’s your LGBTQ hero?
My LGBTQ heroes are Harvey Milk for paving the way for gays in politics and Elton John for being a pioneer for the fabulous and authentic. My local heroes in the DMV are Howard Hicks, manager of Green Lantern, and Tony Rivenbark, manager of Freddie’s Beach Bar. Both of them are essential to creating spaces where I’ve felt welcome and safe since moving to the DMV.
What’s Washington’s best nightspot, past or present?
Trade tops the list for me because of the dance floor and outdoor space. It’s so nice to get a break from the music every once and a while to be able to have a conversation.
We live in challenging times. How do you cope?
I’m still figuring this out. What is working right now is writing music and spending time with family and friends. I’ve also been spending less time on social media going to the gym at least three times a week.
What streaming show are you binging?
After “Traitors” Season 4 ended, I was in a bit of a show hole, but “Stumble” has me in a laughing loop right now. The writing is so witty.
What do you wish you’d known at 18?
At 18, I wish I would have known how liberating it is to come out of the closet. It would have been nice to know some winning lottery numbers as well.
What are your friends messaging about in your most recent group chat?
We are planning our next trip to New York City. If you can believe it, I visited NYC for the first time in 2025 for Pride and I’ve been back every quarter since. Growing up in the country, I was subconsciously primed to be scared of the city. But my mind has been blown. I can’t wait to go back.
Why Washington?
It’s the closest metropolitan area to my family, but not too close. I love the museums, the diversity, the history, and the proximity to the beach and mountains. It’s also nice to live in a city with public transportation.
Aging RFK Stadium has come down, but the RFK grounds are still getting lit up. Welcome back to the stage Project GLOW, D.C.’s homegrown electronic festival, on May 30-31. Back for its fifth year on these musically inclined acres, Project GLOW returns with an even more diverse lineup, and one that continues to celebrate LGBTQ antecedents, attendees, and acts.
Project GLOW 2026 headliners include house and techno star Mau P, progressive house legend Eric Prydz, hard-techno favorite Sara Landry, and bass acts Excision b2b Sullivan King, among the lineup of trance, bass, house, techno, dubstep, and others for the fifth anniversary year.
President & CEO Pete Kalamoutsos — born and raised in D.C. — founded Club GLOW in 1999. In 2020, GLOW entered into a partnership with global entertainment company Insomniac Events to produce live events like Project GLOW, which kicked off in 2022.
As in past years, Project GLOW not only makes space, but is intentionally inclusive of the LGBTQ community, one of its most dedicated fan bases. The festival’s LGBTQ-focused Secret Garden stage blooms again — a more intimate dance area that stands on the strength of DJs and musicians who draw from the LGBTQ community. D.C.’s LGBTQ nightlife mastermind Ed Bailey is the creative mind behind Secret Garden again. He joined Project GLOW in 2023.
“Kalamoustos says that “he’s proud of his partnership with Ed Bailey, along with Capital Pride and [nightlife producer] Jake Resnikow. It’s amazing to collaborate with Bailey at the Secret Garden stage, especially after the curated lineup we worked on at Pride last year.”
The Secret Garden will be a bit different from other stages: Eternal (“At the Eternal stage, time stands still. Lose yourself in the dance of past, present, and future, surrendering to the eternal rhythm of the universe”) and Pulse (“Feel the rhythm of the beat pulse through your veins as the heartbeat of the crowd synchronizes into one. Here, every moment vibrates with life as it guides you through a new dimension of euphoria”). The Secret Garden stage is in the round, surrounded by 16 shipping containers. The containers play canvas to muralists from around the world, who are coming in to paint them in a vibrant garden-style vibe. “We gave this stage some extra love with this layout,” K says, “ we finally cracked the code.”
K says that this will be the biggest lineup yet for the Secret Garden, featuring Nicole Moudaber b2b Chasewest, Riordan b2b Bullet Tooth, Ranger Trucco, Cassian, Eli & Fur, Cosmic Gate and Hayla. The stage is also the largest yet, featuring an expanded dance floor and 360-degree viewing.
Across all stages, K says that his goal for the fifth anniversary is “More art and fan interactive experience, more like a festival, strive to be like a Tomorrowland, as budget grows to add more experience.” Last year’s Project GLOW alone drew 40,000 attendees over two days.
K, however, was not satisfied with one festival this spring. GLOW recently announced a “pop-up” one-day event. Teaming up with Black Book Records, GLOW is set to throw a first-of-its-kind dance-music takeover of Pennsylvania Avenue, N.W., headlined by electronic music star Chris Lake. Set for April 18, this euphoric block party will feature bass and vibes blocks from the White House. Organizers expect as many as 10,000 fans to attend. Beyond music, there will be food, activations, and plenty of other activities taking place around 6th St and Pennsylvania Ave NW – a location familiar to many in the LGBTQ community, as this sits squarely inside the blocks of the Capital Pride party that takes place in DC every June.
Over the past two decades, Club GLOW has produced thousands of events, from club nights to large-scale festivals including Project GLOW, Moonrise Festival, and more. Club GLOW also operates Echostage.
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