Ethan and Aiden Dvash-Banks are toddler twins who share almost everything: the same toys, the same nursery, the same clothes and the same parents. Everything but a toothbrush and U.S. citizenship.

To remedy what their parents, a same-sex married couple, view as an injustice, Ethan Dvash-Banks became a plaintiff at the tender age of 16 months in a federal lawsuit against the U.S. State Department that seeks the same rights his brother has as an American citizen.

Each boy was conceived with donor eggs and the sperm from a different father — one an American, the other an Israeli citizen — but born by the same surrogate mother minutes apart.

The lawsuit was one of two filed Monday by an LGBTQ immigrant rights group that said the State Department is discriminating against same-sex binational couples by denying their children citizenship at birth. The cases, filed in Los Angeles and Washington, by Immigration Equality said the children of a U.S. citizen who marries abroad are entitled to U.S. citizenship at birth no matter where they are born and even if the other parent is a foreigner.

“The agency’s policy unconstitutionally disregards the dignity and sanctity of same-sex marriages by refusing to recognize the birthright citizenship of the children of married same-sex couples,” the Dvash-Banks lawsuit states. “The State Department’s policy is arbitrary, capricious and serves no rational, legitimate, or substantial government interest.” Read more via NBC