Joanna Parasczuk
JPost
04 August '11
http://www.jpost.com/Features/InThespotlight/Article.aspx?id=232381
Despite law passed in 2002 allowing Jerusalem-born US citizens to list Israel as birthplace, policy hasn’t been implemented.
In an unprecedented lawsuit that could affect over 50,000 Jerusalem-born Americans, the US Supreme Court has agreed to hear the case of a Jerusalem-born American boy whose parents are demanding consular officials record Israel as his country of birth on official documents.
American olim and Jerusalem residents Ari Z. Zivotofsky and Naomi Siegman Zivotofsky have been fighting for their son Menachem Binyamin’s passport and other documents to show Israel as his birth country even since he was born in Jerusalem’s Shaare Zedek hospital eight years ago.
Currently, in line with US policy, Menachem Binyamin’s passport and Consular Report of Birth Abroad (equivalent of a birth certificate) only show that the boy was born in Jerusalem – but omit the country, his parents say. As Menachem Binyamin’s parents are both Americans, he is automatically a US citizen and entitled to a US passport and other official documents.
US State Department policy is to record the city and country of birth on these documents for US citizens born overseas. However, this rule does not apply for American citizens born in Jerusalem, as the Zivotofskys discovered when they applied to the US Embassy in Tel Aviv for a passport and a Consular Report of Birth for their newborn son back in 2002.
Menachem Binyamin’s mother, Naomi, says she specifically requested that consular officials list her son’s place of birth as Israel. Consular officials refused this request, the Zivotofskys say. Instead, Menachem Binyamin’s passport shows only that he was born in Jerusalem.
“If a US citizen is born in Tel Aviv, his passport will designate his place of birth as Israel. But in the case of Jerusalem, the US Consular Department will not give the country of birth as Israel,” Menachem Binyamin’s father told The Jerusalem Post on Wednesday.
The US State Department’s refusal to allow Jerusalem-born American citizens to list Israel as their country of birth on official documentation stems from the US’s official position of not recognizing Jerusalem as the capital of Israel.
“Even though our son was born in Shaare Zedek Hospital, which is in West Jerusalem, the US Consular Department does not recognize it as being Israel,” added Ari Zivotofsky. “And on his Consular Report of Birth, it’s even more blatant – the document is supposed to list both the city and the country of birth, and in Menachem Binyamin’s case, the country field has been left completely blank.”