sessions
attorney
general
argued
november
decided
june
immigration
nationality
act
provides
framework
acquisition
citizenship
birth
child
born
abroad
one
parent
citizen
citizen
another
nation
applicable
married
couples
main
rule
effect
time
relevant
ed
required
parent
ten
years
physical
presence
prior
child
birth
least
five
attaining
age
rule
made
applicable
unwed
fathers
creates
exception
unwed
mother
whose
citizenship
transmitted
child
born
abroad
lived
continuously
one
year
prior
child
birth
respondent
luis
ramón
lived
since
asserts
citizenship
birth
based
citizenship
biological
father
josé
morales
josé
moved
dominican
republic
days
short
birthday
therefore
failing
satisfy
requirement
five
years
physical
presence
age
lived
dominican
woman
gave
birth
josé
accepted
parental
responsibility
included
household
married
mother
name
added
birth
certificate
government
sought
remove
based
several
criminal
convictions
ranking
alien
time
birth
father
satisfy
requirement
five
years
physical
presence
age
immigration
judge
rejected
citizenship
claim
ordered
removal
later
moved
reopen
proceedings
asserting
government
refusal
recognize
derived
citizenship
father
violated
constitution
equal
protection
guarantee
board
immigration
appeals
denied
motion
second
circuit
reversed
relying
construction
equal
protection
principle
bears
classifications
held
unconstitutional
differential
treatment
unwed
mothers
fathers
cure
infirmity
appeals
held
derived
citizenship
father
mother
citizen
held
gender
line
congress
drew
incompatible
fifth
amendment
requirement
government
accord
persons
equal
protection
laws
pp
satisfies
requirements
standing
seeking
vindicate
father
right
equal
protection
josé
morales
ability
pass
citizenship
son
easily
satisfies
requirement
third
party
relationship
person
possesses
right
kowalski
tesmer
josé
death
many
years
current
controversy
arose
josé
ability
protect
interests
ibid
pp
sections
date
era
nation
lawbooks
rife
overbroad
generalizations
way
men
women
today
laws
receive
heightened
scrutiny
attends
classifications
alabama
ex
rel
including
laws
granting
denying
benefits
basis
sex
qualifying
parent
califano
westcott
prescribing
one
rule
mothers
another
fathers
genre
classifications
declared
unconstitutional
westcott
reed
reed
frontiero
richardson
weinberger
wiesenfeld
califano
goldfarb
successful
defense
therefore
requires
persuasive
justification
virginia
pp
government
must
show
least
serves
important
governmental
objectives
discriminatory
means
employed
substantially
related
achieving
objectives
virginia
classification
must
serve
important
governmental
interest
today
new
insights
societal
understandings
reveal
unjustified
inequality
passed
unnoticed
unchallenged
obergefell
hodges
pp
time
enacted
part
nationality
act
act
two
habitual
untenable
assumptions
pervaded
nation
citizenship
laws
underpinned
judicial
administrative
rulings
marriage
husband
dominant
wife
subordinate
unwed
mother
sole
guardian
nonmarital
child
act
congress
codified
perception
unmarried
parents
according
stereotype
residency
requirement
justified
unwed
citizen
fathers
care
little
scant
contact
nonmarital
children
unwed
citizen
mothers
needed
prophylactic
alien
father
along
foreign
ways
presumptively
picture
pp
close
half
century
viewed
suspicion
laws
rely
overbroad
generalizations
different
talents
capacities
preferences
males
females
virginia
important
governmental
interest
served
laws
grounded
obsolescing
view
unwed
fathers
invariably
less
qualified
entitled
mothers
take
responsibility
nonmarital
children
caban
mohammed
light
equal
protection
jurisprudence
discrete
requirements
mothers
fathers
anachronistic
pp
government
points
fiallo
bell
miller
albright
nguyen
ins
support
fiallo
involved
entry
preferences
alien
children
case
present
claim
citizenship
miller
nguyen
addressed
requirement
well
met
length
parent
prebirth
residency
pp
government
suggested
rationales
differential
survive
heightened
scrutiny
pp
government
asserts
congress
sought
ensure
child
born
abroad
strong
connection
statute
government
suggests
bracketed
unwed
mother
married
couple
parents
citizens
legally
recognized
parent
birth
aligned
unwed
father
married
couple
one
spouse
citizen
alien
competing
national
influence
alien
mother
rationale
conforms
view
unwed
fathers
care
little
children
means
scarcely
serve
suggested
congressional
interest
citizenship
may
transmitted
children
tie
long
mother
continuously
present
one
year
point
life
prior
child
birth
may
transmitted
father
falls
days
short
meeting
longer
requirements
even
acknowledges
paternity
day
child
born
raises
child
pp
government
also
maintains
congress
wished
reduce
risk
statelessness
child
citizen
congressional
hearings
reports
offer
support
assertion
statelessness
concern
prompted
diverse
requirements
government
shown
risk
statelessness
disproportionately
endangered
children
unwed
mothers
pp
equipped
convert
exception
unwed
mothers
main
rule
displacing
falls
congress
select
uniform
prescription
neither
favors
disadvantages
person
basis
gender
interim
current
requirement
apply
prospectively
children
born
unwed
mothers
legislature
intent
revealed
statute
hand
governs
choice
two
remedial
alternatives
extending
favorable
treatment
excluded
class
withdrawing
favorable
treatment
favored
class
ordinarily
preferred
rule
extend
favorable
treatment
westcott
however
extension
fathers
favorable
treatment
mothers
displace
congress
general
rule
longer
requirements
applicable
unwed
fathers
parents
male
well
female
married
child
alien
parent
congress
th
residual
degree
potential
disruption
statutory
scheme
occur
extension
opposed
abrogation
heckler
mathews
indicate
congress
likely
abrogated
special
exception
preferring
preserve
importance
residence
country
talisman
dedicated
attachment
rogers
bellei
pp
affirmed
part
reversed
part
remanded
ginsburg
delivered
opinion
roberts
kennedy
breyer
sotomayor
kagan
joined
thomas
filed
opinion
concurring
judgment
part
alito
joined
gorsuch
took
part
consideration
decision
case
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
jefferson
sessions
iii
attorney
general
petitioner
luis
ramon
writ
certiorari
appeals
second
circuit
june
justice
ginsburg
delivered
opinion
case
concerns
differential
law
governing
acquisition
citizenship
child
born
abroad
one
parent
citizen
citizen
another
nation
main
rule
appears
ed
applicable
married
couples
requires
period
physical
presence
parent
requirement
initially
prescribed
ten
years
physical
presence
prior
child
birth
ed
currently
requirement
five
years
prebirth
main
rule
rendered
applicable
unwed
fathers
congress
ordered
exception
however
unwed
mothers
contained
exception
allows
unwed
mother
transmit
citizenship
child
born
abroad
lived
one
year
prior
child
birth
respondent
case
luis
ramón
born
dominican
republic
father
days
short
meeting
requirement
opposing
removal
dominican
republic
asserts
equal
protection
principle
implicit
fifth
entitles
citizenship
stature
hold
gender
line
congress
drew
incompatible
requirement
government
accord
persons
equal
protection
laws
nevertheless
convert
exception
unwed
mothers
main
rule
displacing
covering
married
couples
covering
unwed
fathers
must
therefore
leave
congress
select
going
forward
requirement
ten
years
one
year
period
uniformly
applicable
children
born
abroad
one
one
alien
parent
wed
unwed
interim
government
must
ensure
laws
question
administered
manner
free
discrimination
first
describe
greater
detail
regime
congress
constructed
general
rules
acquiring
citizenship
found
first
section
chapter
title
iii
immigration
nationality
act
act
ina
stat
section
sets
forth
ina
rules
determining
shall
nationals
citizens
birth
establishing
range
residency
requirements
calibrated
primarily
parents
nationality
child
place
birth
ed
primacy
statutory
scheme
evident
comprehensive
coverage
provides
general
framework
acquisition
citizenship
birth
particular
time
relevant
provided
citizenship
person
born
outside
geographical
limits
outlying
possessions
parents
one
alien
citizen
prior
birth
person
physically
present
outlying
possessions
period
periods
totaling
less
ten
years
least
five
attaining
age
fourteen
years
provided
periods
honorable
service
armed
forces
citizen
parent
may
included
computing
physical
presence
requirements
paragraph
congress
since
reduced
duration
requirement
five
years
two
age
ed
section
pertains
specifically
children
unmarried
parents
first
subsection
incorporates
reference
requirements
thereby
allowing
acknowledged
unwed
citizen
parent
transmit
citizenship
child
terms
married
citizen
parent
section
provision
applicable
unwed
mothers
exception
requirements
exception
one
year
continuous
physical
presence
required
unwed
mothers
may
pass
citizenship
children
born
abroad
respondent
luis
ramón
moved
age
resided
country
life
facing
deportation
asserts
citizenship
birth
based
citizenship
biological
father
josé
morales
accepted
parental
responsibility
included
household
josé
morales
born
guánica
puerto
rico
march
record
puerto
rico
part
see
puerto
rico
sanchez
valle
slip
ed
term
means
continental
alaska
hawaii
puerto
rico
guam
virgin
islands
internal
quotation
marks
omitted
ed
similar
josé
became
citizen
organic
act
puerto
rico
ch
stat
predecessor
living
puerto
rico
nearly
two
decades
josé
left
childhood
home
february
days
short
birthday
therefore
failing
satisfy
requirement
five
years
physical
presence
age
record
take
employment
company
dominican
republic
josé
attested
june
affidavit
presented
embassy
dominican
republic
living
yrma
santana
montilla
dominican
woman
eventually
marry
yrma
gave
birth
child
respondent
luis
record
us
reveals
little
childhood
dominican
archives
disclose
yrma
josé
married
josé
added
birth
certificate
father
josé
also
related
affidavit
saving
money
susten
ance
family
anticipation
undergoing
surgery
puerto
rico
members
family
still
resided
moved
puerto
rico
year
father
died
attending
public
school
bronx
new
york
city
borough
government
placed
removal
proceedings
based
several
convictions
offenses
new
york
state
penal
law
rendered
may
ranked
alien
despite
many
years
lived
time
birth
father
satisfy
requirement
five
years
physical
presence
age
see
supra
immigration
judge
rejected
claim
citizenship
derived
citizenship
father
ordered
removal
dominican
republic
record
app
pet
cert
moved
reopen
proceedings
asserting
government
refusal
recognize
derived
citizenship
father
violated
constitution
equal
protection
guarantee
see
record
board
immigration
appeals
bia
denied
motion
app
pet
cert
appeals
second
circuit
reversed
bia
decision
relying
construction
equal
protection
principle
bears
classifications
held
unconstitutional
differential
treatment
unwed
mothers
fathers
cure
constitutional
flaw
held
derived
citizenship
father
mother
citizen
ruling
second
circuit
declined
follow
conflicting
decision
ninth
circuit
see
granted
certiorari
ultimately
affirmed
equally
divided
per
curiam
taking
request
review
consider
matter
anew
ii
treats
sons
daughters
alike
suffer
discrimination
basis
gender
complains
instead
discrimination
father
unwed
time
birth
accorded
right
unwed
mother
transmit
citizenship
child
although
government
contend
otherwise
briefly
explain
may
seek
vindicate
father
right
equal
protection
ordinarily
party
must
assert
legal
rights
rest
claim
relief
legal
rights
third
parties
warth
seldin
recognize
exception
party
asserting
right
close
relationship
person
possesses
right
hindrance
possessor
ability
protect
interests
kowalski
tesmer
quoting
powers
ohio
josé
morales
ability
pass
citizenship
son
respondent
easily
satisfies
close
relationship
requirement
hindrance
requirement
well
met
josé
morales
failure
assert
claim
right
stems
disability
disinterest
miller
albright
concurring
judgment
josé
died
record
many
years
current
controversy
arose
see
hodel
irving
children
guardians
may
assert
fifth
amendment
rights
deceased
relatives
thus
obvious
claimant
see
craig
boren
best
available
proponent
singleton
wulff
father
right
equal
protection
iii
sections
note
date
era
lawbooks
nation
rife
overbroad
generalizations
way
men
women
see
hoyt
florida
women
center
home
family
life
therefore
relieved
civic
duty
jury
service
goesaert
cleary
may
draw
sharp
line
sexes
today
laws
kind
subject
review
heightened
scrutiny
attends
classifications
alabama
ex
rel
see
virginia
military
academy
may
deny
admission
qualified
women
laws
granting
denying
benefits
basis
sex
qualifying
parent
decisions
affirm
differentiate
basis
gender
therefore
attract
heightened
review
constitution
equal
protection
guarantee
califano
westcott
see
holding
unconstitutional
provision
benefits
exclusively
fathers
accord
califano
goldfarb
plurality
opinion
holding
unconstitutional
social
security
classification
denied
widowers
survivors
benefits
available
widows
weinberger
wiesenfeld
holding
unconstitutional
social
security
classification
excluded
fathers
receipt
benefits
available
mothers
frontiero
richardson
plurality
opinion
holding
unconstitutional
exclusion
married
female
officers
military
benefits
automatically
accorded
married
male
officers
cf
reed
reed
holding
unconstitutional
preference
father
mother
administrator
deceased
child
estate
prescribing
one
rule
mothers
another
fathers
genre
classifications
declared
unconstitutional
reed
frontiero
wiesenfeld
goldfarb
westcott
cases
heightened
scrutiny
order
successful
defense
legislation
differentiates
basis
gender
reiterated
requires
exceedingly
persuasive
justification
virginia
internal
quotation
marks
omitted
kirchberg
feenstra
internal
quotation
marks
omitted
defender
legislation
differentiates
basis
gender
must
show
least
challenged
classification
serves
important
governmental
objectives
discriminatory
means
employed
substantially
related
achievement
objectives
virginia
quoting
mississippi
univ
women
hogan
alteration
original
see
tuan
anh
nguyen
ins
moreover
classification
must
substantially
serve
important
governmental
interest
today
interpreting
qual
rotection
guarantee
recognized
new
insights
societal
understandings
reveal
unjustified
inequality
passed
unnoticed
unchallenged
obergefell
hodges
slip
government
supplied
exceedingly
persuasive
justification
virginia
internal
quotation
marks
omitted
disparity
westcott
internal
quotation
marks
omitted
history
reveals
lurks
behind
enacted
nationality
act
act
see
stat
ended
century
half
congressional
silence
citizenship
children
born
abroad
unwed
era
two
habitual
untenable
assumptions
pervaded
nation
citizenship
laws
underpinned
judicial
administrative
rulings
marriage
husband
dominant
wife
subordinate
unwed
mother
natural
sole
guardian
nonmarital
child
entrenched
principle
male
dominance
marriage
husband
controlled
wife
child
ominance
husband
observed
ancient
principle
jurisprudence
mackenzie
hare
see
generally
brief
professors
history
et
al
amici
curiae
early
century
male
citizen
automatically
conferred
citizenship
alien
wife
act
ch
stat
see
kelly
owen
wall
act
confers
privileges
citizenship
upon
women
married
citizens
bredbenner
nationality
women
marriage
law
citizenship
female
citizen
however
incapable
conferring
citizenship
husband
indeed
subject
expatriation
married
family
citizen
lawfully
admitted
permanent
resident
enjoyed
statutory
exemptions
entry
requirements
citizen
resident
male
see
act
mar
ch
stat
wives
children
entering
country
join
aliens
found
contracted
contagious
diseases
transit
shall
deported
diseases
easily
curable
present
danger
others
wives
exempt
literacy
quota
requirements
child
married
couple
gained
citizenship
unwed
parents
tradition
never
held
sway
instead
mother
regarded
child
natural
sole
guardian
common
law
mother
mother
bound
maintain
nonmarital
child
natural
guardian
kent
commentaries
american
law
ed
see
nguyen
dissenting
line
understanding
early
century
state
department
sometimes
permitted
unwed
mothers
pass
citizenship
children
despite
absence
statutory
authority
practice
see
hearings
house
committee
immigration
naturalization
hereinafter
hearings
op
atty
op
atty
see
also
collins
illegitimate
borders
jus
sanguinis
citizenship
legal
construction
family
race
nation
yale
hereinafter
collins
act
congress
discarded
assumption
concerning
married
parents
codified
perception
regarding
unmarried
parents
roosevelt
administration
proposed
explained
mother
nonmarital
child
stands
place
father
right
custody
control
child
putative
father
bound
maintain
natural
guardian
hearings
internal
quotation
marks
omitted
notion
renders
residency
rules
understandable
fearing
child
turn
alien
american
character
administration
believed
citizen
parent
lengthy
ties
counteract
influence
alien
parent
concern
attachment
children
explains
treatment
unwed
citizen
fathers
according
familiar
stereotype
care
little
scant
contact
nonmarital
children
unwed
citizen
mothers
however
need
prolonged
residency
prophylactic
alien
father
might
transmit
foreign
ways
presumptively
picture
see
collins
nearly
uniform
view
officials
almost
invariably
mother
alone
concern
ed
nonmarital
child
internal
quotation
marks
omitted
close
half
century
earlier
observed
see
supra
viewed
suspicion
laws
rely
overbroad
generalizations
different
talents
capacities
preferences
males
females
virginia
see
wiesenfeld
particular
recognized
statutory
objective
exclude
members
one
gender
reliance
fixed
notions
concerning
gender
roles
abilities
objective
illegitimate
mississippi
univ
women
accord
eventual
understanding
held
important
governmental
interest
served
laws
grounded
obsolescing
view
unwed
fathers
invariably
less
qualified
entitled
mothers
take
responsibility
nonmarital
children
caban
mohammed
overbroad
generalizations
order
come
comprehend
constraining
impact
descriptive
though
may
way
many
people
still
order
laws
according
denying
benefits
reliance
tereotypes
women
domestic
roles
observed
may
creat
cycle
discrimination
force
women
continue
assume
role
primary
family
caregiver
nevada
dept
human
resources
hibbs
correspondingly
laws
may
disserve
men
exercise
responsibility
raising
children
see
ibid
light
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child
nationality
citizen
mother
regardless
legitimation
establishment
paternity
emphasis
added
sole
reference
statelessness
problem
touch
concern
different
requirements
carried
act
act
justice
thomas
joined
justice
alito
sees
equal
protection
ruling
unnecessary
post
given
remedial
holding
repeatedly
emphasized
discrimination
perpetuat
es
stereotypic
incompatible
equal
treatment
guaranteed
constitution
heckler
mathews
quoting
mississippi
univ
women
hogan
silently
following
path
justice
harlan
charted
welsh
several
cases
involving
discrimination
see
wiesenfeld
extending
benefits
frontiero
richardson
plurality
opinion
unanimously
adopted
formulation
califano
westcott
see
opinion
powell
concurring
part
dissenting
part
appropriate
remedy
westcott
majority
held
extension
unemployed
mothers
federal
unemployment
benefits
provided
statute
families
unemployed
fathers
dissent
view
nullification
proper
course
manner
state
eliminates
discrimination
issue
state
law
stanton
stanton
upon
finding
state
statutes
constitutionally
infirm
generally
remanded
permit
state
courts
choose
extension
invalidation
see
levin
commerce
energy
explicit
leaving
open
remand
option
removal
benefit
opposed
extension
see
orr
orr
leaving
state
courts
remedy
unconstitutional
imposition
alimony
obligations
husbands
wives
stanton
eliminate
unconstitutional
age
differential
purposes
male
female
children
issue
state
law
resolved
utah
courts
note
however
defendant
convicted
law
classifying
impermissible
basis
may
assail
conviction
without
regard
manner
legislature
might
subsequently
cure
infirmity
grayned
city
rockford
example
defendant
participated
civil
rights
demonstration
front
school
convicted
violating
local
antipicketing
ordinance
exempted
peaceful
picketing
school
involved
labor
dispute
successfully
challenged
conviction
equal
protection
grounds
internal
quotation
marks
omitted
irrelevant
decision
whether
legislature
likely
cured
constitutional
infirmity
excising
exemption
fact
legislature
done
subsequent
defendant
conviction
necessarily
observed
must
consider
facial
constitutionality
ordinance
effect
defendant
arrested
convicted
see
also
welsh
harlan
concurring
result
reversal
required
even
going
forward
congress
cure
unequal
treatment
extending
rather
invalidating
criminal
proscription
distinctions
based
parents
marital
status
said
subject
heightened
scrutiny
distinctions
based
gender
clark
jeter
crafting
ina
congress
considered
adopt
amendment
applied
shorter
continuous
requirement
contained
children
parents
different
nationalities
see
compare
remedial
issue
presented
suits
title
vii
civil
rights
act
challenging
laws
prescribing
terms
conditions
employment
applicable
women
minimum
wage
premium
pay
rest
breaks
lunch
breaks
courts
perhaps
mindful
mixed
motives
implicated
passage
legislation
conceiving
laws
protecting
women
others
discouraging
employers
hiring
women
taking
account
economic
burdens
extension
impose
employers
invalidated
provisions
see
homemakers
los
angeles
division
industrial
welfare
supp
nd
cal
burns
rohr
supp
sd
cal
rca
del
caribe
silva
recio
supp
pr
doctors
hospital
recio
supp
pr
state
fairfield
communities
land
ark
jones
metal
products
walker
ohio
vick
pioneer
oil
tex
civ
app
appeals
found
remedial
issue
vexing
problem
case
seek
outcome
restrain
judgment
issue
turns
legislature
willed
relief
complaining
party
requests
circumscribe
inquiry
levin