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An injunction against the state department. and i think it's mean-spirited, grotesque that an agency of the united states government would ignore a four-year-old decision by the supreme court and penalize this couple and baby simone, the child. it's just wrong and ultimately i think someone needs to be held accountable for it. >> richard, what is going to be the argument on behalf of the u.s. government or the state department to be able to say that we don't recognize this as -- i don't know what the approach is going to be. is it going to start with we don't recognize this to be a legal marri...

Passport has to issue, this case is not complicated. any first-year law school will know how to answer it. and they're going to be held liable for what they have done here. >> the problem is, nothing is that certain under the administration. subpoenas get issued, people ignore them. people violate laws, they don't get prosecuted. >> you're turning legal case into a -- >> legally this child should get citizenship. legally under this statute and so the law, she should because the same civil rights that apply to married couples apply to same-sex marriage couples. you would think that, but you nev...

Simone isn't. that is at the core of a lawsuit. joining me is avery friedman and richard herman. good to see you both. >> the state department is the one that is denying, you know -- recognizing simone as a u.s. citizen because both of these gentlemen working aboard, one of them was, the child is birthed in england, but by way of one of the fathers, there's a biological connection to simone. help us understand how it is that the state department would be able to deny citizenship to a child who are in a legal