"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Friday, June 16, 2017

Gender-Based Citizenship Rule in the Immigration and Nationality Act of 1952 Unanimously Declared Unconstitutional by the U.S. Supreme Court as a Denial of Equality Under the Law

This unanimous U.S. Supreme Court decision (8-0) in an opinion written by Justice Ruth Bader Ginsburg, an expert on gender equality law, is a sign of the political, legal and social contemporary times. The decision is also a matter of clear judicial logic and decisionmaking regarding the issue presented,
which was
the constitutionality of the different treatment of citizenship of children born overseas, based on whether the unwed parent was the father or the mother.

SCOTUS ruled that Congress must enact a law treating both genders equally as regards the citizenship of children born overseas to unwed parents.

See the reports e.g. at:




Debra Cassens Weiss at the ABA Journal in
SCOTUS strikes down citizenship law because of different treatment based on parent's gender

Lydia Wheeler at The Hill in
Supreme Court strikes down gender-based citizenship law

Lawrence Hurley at Reuters in
Supreme Court invalidates gender inequality in citizenship law

As written by the Associated Press and as published at the New York times in
Justices Strike Down Gender Differences in Citizenship Law
about the Justice Ginsburg opinion in the case:

"Ginsburg said the law was based on flawed and outdated assumptions about men and women that pervaded the country's citizenship laws: "In marriage, husband is dominant, wife subordinate; unwed mother is the natural and sole guardian of a nonmarital child."

For close to a half century, she [Ginsburg] said, the court "has viewed with suspicion laws that rely on overbroad generalizations about the different talents, capacities or preferences of males and females." Ginsburg said the gender line Congress drew "is incompatible with the Constitution's guarantee of the equal protection of the laws to all persons.""