Sex-based laws premised on archaic presumptions about the proper roles of men and women run afoul of established constitutional principles, especially when they interfere with the parent-child relationship. Amici write to explain the history of the federal government’s use of sex-based classifications in the regulation of citizenship. In its regulation of intergenerational and interspousal citizenship transmission, the federal government has perpetuated outdated gender-based norms concerning proper parental roles, even when those norms have been rejected in other legal and social contexts. In addition, the laws governing derivative citizenship have significantly encumbered the ability of American fathers to transmit citizenship to their foreign-born nonmarital children.
Kristin Collins, Catherine E. Stetson & Jessica K. Jacobs,
Brief Amici Curiae of Professors of History, Political Science, and Law in Support of Respondent
Available at: https://scholarship.law.bu.edu/faculty_scholarship/2378