Professor Joslin files Ninth Circuit brief in LGBTQ citizenship case

On Dec. 19, Professor Courtney Joslin filed a brief with the United States Court of Appeals for the Ninth Circuit on behalf of 65 family-law scholars in an LGBTQ citizenship case. Joslin and Yale Law School Professor Douglas NeJaime authored the brief with lawyers from Hogan Lovells.

The case involves the citizenship status of the child of a married gay male couple conceived pursuant to a surrogacy arrangement and born abroad. The government argues that the child is not a U.S. citizen because he is not genetically related to his U.S.-citizen father. The brief argues that “[c]ontrary to the government’s representations … derivative citizenship for marital children depended on legal rather than biological relationships.”  The brief cites two of Joslin’s articles, including “Protecting Children(?): Marriage, Gender, and Assisted Reproductive Technology,” which was awarded a 2010 Dukeminier Award.

Professor Joslin is a scholar in the field of family and relationship recognition, with a particular focus on same-sex and non-marital couples.