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Victory for gay dads is defeat for Trump

Ruling in parentage fight deals blow to State Department policy

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Dvash-Banks, gay news, Washington Blade
Andrew and Elad Dvash-Banks with their children Aiden and Ethan and their mixed pug/terrier dog London. (Photo courtesy Images of Life by Ashi Shapiro)

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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Rainbows in Revolt on a mission to make LGBTQ artists’ voices heard

Rainbows in Revolt on a mission to make LGBTQ artists’ voices heard

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Lily Erin, one of Rainbows in Revolt’s signature artists, performed at Capital Pride in June. (Photo courtesy of Rainbows in Revolt)

Last month’s Pride celebration in D.C. was so fun. Walking around my first Capital Pride with a $15 lemonade I was loving the madness and the color. Artists and small businesses battling banks you’ve never heard of collecting your personal information so you can spin a wheel to snag free merch. Great music blaring, people actually smiling and enjoying themselves, the “Great” American State Fair could never!

The Monument Stage was on Pennsylvania Avenue, directly in front of the National Gallery of Art and I can’t think of a better venue to see live music. How does someone get on the lineup for Pride? How do we accelerate the visibility of the most talented voices in our community to perform in places like this?

There is certainly not a talent gap, but there is a visibility gap. Chappell Roan went from playing for two people in a parking lot to owning the main stage at Coachella in one year. Whether it is shadowbanning or bias in AI, algorithms have been shown to suppress queer artists. In a digital age, how can queer people break through and show the world how talented they are?

Allison and Matt of Rainbows in Revolt are on a mission to make openly LGBTQ+ artists’ voices heard. Their goal is to find “musicians whose queerness is central to their identity as an artist,” and accelerate them to a place where they can actually reach fans.

The only time queer events seem to be in the spotlight is June, but this should be year round, according to Allison and Matt. Rainbows in Revolt wants to act as a “nucleus” for different sub-communities, finding common ground in the universal language of music.

Matt and Allison founded Rainbows as a way to make cheaper, higher quality merchandise for queer artists. While Rainbows has already pledged 20% of their profits to the LGBTQ+ community, with 10% to Whitman-Walker Health and 10% to LGBTQ+ organizations in need, this is just the beginning of the work that they do.

Rainbows “does the dirty work” that artists normally struggle to do on their own with limited resources. Interviews, artist profiles, social promotion, playlist discovery, radio outreach, and merch-funded support. This work is normally expensive, time consuming, and requires lots of different skills. Musicians don’t want to be editing clips to post online. Standup comedians don’t want to make graphics for their tour dates. They want to write more. They want to focus on their craft.

In addition to helping artists find their audience, Rainbows has built other digital tools to help queer people connect, including an interactive Safe Space Map for most major cities. It is hard to know which places are truly safe and supportive just from a simple Google search. Attitudes and actions change, and there should be a simple way for queer people to find other places that align with them. The Safe Spaces Maps are all up to date, and are tagged and filterable. Instead of relying on forums and word of mouth, Rainbows has created a centralized way to find authentic community quickly.

I had a chance to talk with Allison and Matt at Pride where Lily Erin, one of their signature artists, was performing on the Monument stage. Lily Erin is a folk singer who is familiar and forging her own path. Her bittersweet sound echoes through Acadia, and her garb mirrors the New England athletes I grew up with. Gorp Core meets streetwear. A graphic tee, hiking shorts, and creamsicle Jordans.

Her debut single, “Bus Stop,” tells a sad story about unconditional love, and the conditions that still seem to come with it. Graduating into lockdown, Erin needed a new way to connect with herself and others. Lily made “Bus Stop” without an intention to share it, but doing so was a liberation. People have been responding to her honesty around queer-ness, family, and the “ghosts which haunt us” even in the daytime.

Rainbows in Revolt has helped Lily Erin go from bars and backyards to The Monument Stage at Pride. This is a meteoric rise, and a testament to both Erin’s talent and the work of Rainbows to promote her. “A little encouragement goes a long way with early artists,” and by “planting a seed” Rainbows is already seeing their artist garden grow. Community is power, and Erin is a perfect example of how effective simple modern techniques of promotion can be.

A next step for Rainbows is putting on shows themselves. On Oct. 3, Rainbows in Revolt will host an Evening with Ray Boltz at the National City Christian Church. Boltz grew up in the Catholic Church and for many years was the soundtrack to many services, youth camps, and church groups. He was celebrated by millions until he came out in 2008. Allison remembers her community “never playing his music again.” 

Rainbows in Revolt is helping him to return to the church, and proving that identity does not need to be exclusive. We live in a complicated world with complicated lines being drawn. Boltz proves that these lines don’t exist, and will be breaking down barriers to bring together communities. To Allison, “a trans woman standing next to a straight white man in church is a powerful teacher.”

The Safe Space maps bridge all types of spaces, and one of the unlikely ones is, perhaps, churches. Matt said that “BYU has only nine safe spaces around their campus and seven of them are churches.” Not all churches are anti-gay, and many times they are the only place for people to find community.

Rainbows in Revolt is just getting started bridging gaps and building community.

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Summer in the City: Free exhibits, movies, more fill D.C.’s calendar

America 250 celebrations continue

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Cynthia Erivo and Ariana Grande star in ‘Wicked,’ screening Sept. 12 at Union Market. (Photo courtesy of Universal Pictures)

From late-night museum visits and outdoor jazz concerts to free movie screenings and America250 exhibitions, Washington’s summer calendar is packed with events that don’t charge admission. Here’s a look at some of the free activities happening across the District through September and beyond.

Museum exhibitions

The Renwick Gallery is presenting State Fairs: Growing American Craft, an exhibition that looks at unique and unconventional crafts from the 19th century to the present. It will run until Sept. 7, and admission is free. 

The Arts and Industries Building, located next to the Smithsonian Castle, is presenting the exhibition Voices and Votes: Exploring Democracy Across America. The exhibition features the development of American independence and what that has meant over time, beginning with the Revolutionary War. Admission to the museum is free, and the exhibition runs until Sept. 7.

The National Gallery of Art presents Dear America, an exhibit featuring more than 100 pieces of work, including letters, photographs, and drawings that depict American landscapes and depictions of freedom. The exhibition will run until Sept. 20.

The National Museum of Women in the Arts is exhibiting Burnished: Pueblo Pottery until Sept. 27. The exhibit features pottery from the Southwest, and while most of the pottery belongs to women artists, a few also reflect those who have advocated for women.

Extending past this summer, the exhibition ¡Puro Ritmo! The Musical Journey of Salsa will be at the National Museum of the American Latino until July 2028. The exhibition shows how Afro-Cuban music has become a staple in the U.S. Admission is free.

The Martin Luther King Jr. Memorial Library will feature the exhibition District Vibes / American Pride: How DC Changed American Culture, which will highlight all of the ways D.C. has impacted American life. The exhibit will run until Sept. 27.

At the Folger Shakespeare Library, the exhibit Imagining Shakespeare: Mythmaking and Storytelling in the Regency Era will be on view through Aug. 2. All the portraits on display come from the Boydell Shakespeare Gallery in London.

The United States Botanic Garden will be open until 8 p.m. on Aug. 20 and Sept. 17, as part of America’s State Flowers: An America250 Celebration. The evenings will include live music, mocktails, ice cream, and snacks.

The National Gallery of Art Sculpture Garden will have extended hours, staying open until 8 p.m. Wednesday to Saturday until Sept. 3. 

Live performances

On Aug. 7, the postgame Nationals concert series will continue with Jordan Davis performing. To see the concert, guests just need to buy tickets to the Nationals game. 

Jazz in the Garden will run each Friday until Aug. 14. The event has free admission, but those interested have to enter a lottery due to the high demand for the event.

From May to October, Capital Harvest Market occurs every Wednesday from 10 a.m.-2 p.m. at the Ronald Reagan Building and International Trade Center. The market features fresh foods, crafts, and recipes for unique dishes. A full list of vendors is available on Capital Harvest’s website.

Live! Concert Series on the Plaza will feature live performances at Woodrow Wilson Plaza until Sept. 25. The performances run Monday to Friday from 12-1 p.m. Admission is free to the performances. 

DowntownDC Live! at Anthem Row is running until July 30, with free performances every Thursday from 5:30 p.m. to 9:00 p.m. The final performance will feature HUE and a vintage flea market hosted by Get Flee Marketplace. 

Located in Adams Morgan, AdMo Vibe will present live performances every Thursday at 6 p.m. in Kalorama Park. Guests are encouraged to check out Adams Morgan before and after shows, and it is an event for all ages.

Other events

Union Market is hosting drive-in movies on Aug. 8, featuring “Monsters, Inc.”, and Sept. 12, featuring “Wicked.” On Aug. 8, the parking lot will open at 7:30 p.m., with the movie starting at 8:25 p.m. On Sept. 12, the parking lot will open at 6:35 p.m., and the movie will start at 7:30 p.m.

Sunset Cinema at the Wharf will also be available one day a month. On Aug. 12, “10 Things I Hate About You” will premiere, and on Aug. 26, “Project Hail Mary.” No tickets are necessary. 

The Library of Congress will also show movies. On Aug. 6, guests are invited to watch “Apollo 13.” The movie will be shown at 8 p.m., with additional live performances beginning at 7 p.m.

For fans of Asian media, the Okaton convention will be at Walter E. Washington Convention Center from July 31-Aug. 2. Festivities will include cosplay contests, skits, live music, and panel discussions.

Washington Spirit’s season also begins in August. The Spirit is Washington’s National Women’s League, with matchups occurring between the San Diego Wave, the North Carolina Courage, the Orlando Pride, and the Bay FC.

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Summer in D.C. brings sports, Restaurant Week, festivals, and more

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Washington Spirit CEO Kim Stone hosts Pride Night OUT on Sunday, Aug. 23. (Photo courtesy of Washington Spirit)

Summer in D.C. just hits different. Congress is out, school is out, the sun is out, thighs are out. With the skies clearing from Canadian smoke, here are a few ways to stay entertained.

Dining

Summer restaurant week: The Restaurant Association of Metropolitan Washington (RAMW) is once again hosting Summer Restaurant Week, Aug. 18-24. This weeklong dining experience showcases the dynamic dining scene of the DMV, including 2026 RAMMY Award-winning favorites (the annual D.C. food awards show that took place June 29). Participating restaurants will offer three-course brunch and lunch selections for $25 or $35 per person, and three-course dinners for $40, $55 and $65 per person.

New Restaurants: A handful of new spots have opened, so the summer is a great time to check them out:

  • Oribu: A new Mediterranean-Japanese restaurant in the Grand Hyatt hotel, which just underwent a remodeling effort. The sleek restaurant brings upscale charm, with dishes like Wagyu beef tartare with potato pavé and caviar.
  • The Oak Room: A snazzy old-school American grill has just opened in Georgetown, alongside its sister upstairs supper club (Bernadette’s) restaurant, in the old El Centro space.
  • Uchi: This showy Japanese sushi-forward chain has landed in Dupont with a chef’s tasting menu of favorites like fatty tuna.
  • Kathmandu: Recalling the capital of Nepal, this warm, buzzy subterranean restaurant right in the heart of U Street brings spice, flair, and rare ingredients to its dishes (see: buffalo burgers) and drinks.

Sports

  • Washington Spirit Pride Night OUT: On Sunday, Aug. 23, head to Audi Field for a massive, high-energy game following the exciting month of World Cup. The designated Pride Night OUT game promises boisterous crowds plus pre- and post-game community engagements. 
  • Washington Tennis Open – Now called the Mubadala DC Open, this annual tournament is only combined mens’ and womens’ 500-level tennis tournament in the world. The open is one of D.C.’s longest-standing sports traditions, and will take place at the Rock Creek Park Tennis Center July 25-Aug. 2. Naomi Osaka, Venus Williams, Ben Shelton, Frances Tiafoe, and others are expected to play.

Festivals

  • Afro Plus Fest: This huge, three-day Afro-Caribbean Hip-Hop Festival brings together headliners Davido, Alkaline, and Wizkid, plus Tems and Ayra Starr. The event moves from RFK to the Northwest Stadium Complex for three days, Sept. 4-6.
  • Capital Fringe Festival: Running from July 11-21, this massive celebration features dozens of live theater, comedy, dance, and boundary-pushing nighttime performances across multiple DC neighborhoods. 
  • The National Book Festival returns, with headliners like Cynthia Erivo, and Martin Scorsese. The one-day festival, Saturday, Aug. 22, brings together bookworms and word nerds under the theme “America 250: It’s Your Story.” There are talks, workshops, musical sessions and more.
  • All Things Go: A three-day festival Sept. 25-27 at Merriweather Post Pavilion featuring Mitski, Hayley Williams, Brandi Carlile, MUNA, Zara Larsson, Ethel Cain, and many, many more artists. There are single-day and three-day tickets. Featuring and highlighting female artists, the festival has turned into a must-see for many LGBTQ audience members.
  • Fuchsia Fest: The inaugural Fuchsia Fest is a new multi-day celebration created to celebrate LGBTQ community and expression, bringing together a mix of community gatherings, entertainment, and nightlife. The event takes place Sept. 18-20 and is hosted by Capital Pride.

Art and Music

  • United We Dance: A high-energy rave with house, techno, bass, and festival music, on Aug. 1 at the 9:30 Club. 
  • The Fray. On Aug. 14, this American rock band famous for How To Save A Life is at Merriweather Post Pavilion.
  • Kesha: Kesha’s high-energy The Freedom Tour comes to the D.C. area on Aug. 14 at Jiffy Lube Live.
  • ALOK: On Sept. 3 at Lincoln Theater, ALOK (they/them) performs. The poet, comedian, and actor is putting on a new comedy show.
  • 2charm, the emerging Australian electronic club-pop duo popular with the queer community, which blends hyperpop and dance music, comes to the Atlantis.
  • Sapphic Dance Party: a vibrant, inclusive nightlife and social event designed specifically for queer women, lesbians, bisexuals, trans individuals, and nonbinary folks, at Atlantis on Aug. 21.
  • Jazz in the Garden: The most quintessential of D.C. activities returns Friday evenings through Aug. 14. This season’s theme, “American Sounds,” is a nod to the nation’s 250th anniversary. Tunes themes range from Appalachian and Americana to Creole jazz, Hill Country blues, contemporary jazz, and more. Tickets are available through a lottery system a week before each event.
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