lorelyn penero miller madeleine albright secretary state argued november decided april held judgment affirmed affirmed justice stevens joined chief justice concluded requirement children born abroad wedlock citizen fathers citizen mothers obtain formal proof paternity age violate fifth amendment pp foregoing issue presented case facts certain issues need resolved whether fiallo bell dictates outcome validity distinction drawn residency requirements unmarried citizen fathers unmarried citizen mothers wishing transmit citizenship birth children validity impose additional requirements citizen fathers wishing transmit citizenship petitioner contesting government refusal register treat citizen judgment favor confirm citizenship rather grant rights possess appeals therefore correct standing invoke federal courts jurisdiction moreover claim relies heavily proposition citizen father right transmit citizenship citizen mother evaluate alleged discrimination well impact see craig boren pp rule applicable class children born abroad eminently reasonable justified important government interests ensuring reliable proof person born wedlock claims citizenship birth actually shares blood relationship american citizen encouraging development healthy relationship citizen parent child child minor fostering ties child male female parents children differently situated several pertinent respects child blood relationship birth mother immediately obvious typically established hospital records birth certificates relationship unmarried father may often undisclosed unrecorded contemporary public record similarly child birth mother certainly knows child existence typically immediate custody whereas due normal intercite syllabus val nine months conception birth unmarried father may even know child exists child may know father identity section children born wedlock citizen fathers obtain formal proof paternity age either legitimation written acknowledgment father oath adjudication competent well tailored address concerns conclusion congress may require affirmative act unmarried fathers children mothers children directly supported lehr robertson pp argument unconstitutional stereotypical classification must rejected none governmental interests underlying fairly characterized accidental byproduct traditional way thinking members either sex biological differences single men single women provide relevant basis differing rules governing ability confer citizenship children born wedlock foreign lands impartial analysis differences rebuts strong presumption legal distinctions suspect pp justice joined justice kennedy concluded petitioner accorded standing raise father gender discrimination claim applies presumption standing prudential limitation exercise federal jurisdiction see singleton wulff presumption may rebutted particular circumstances litigant suffered injury fact close relation third party hindrance third party ability protect interests exists see powers ohio petitioner demonstrated genuine obstacle father ability assert rights rises level hindrance accordingly precluded raising equal protection claims case although petitioner may still assert rights invoke gender discrimination claim trigger heightened scrutiny section draws distinction based gender parent child claim discrimination based differential treatment illegitimate versus legitimate children presented question certiorari granted thus petitioner constitutional challenge subject rational basis scrutiny even though withstand heightened scrutiny sustainable lower standard pp justice scalia joined justice thomas agreed outcome case ground complaint must dismissed albright syllabus cause power provide relief requested conferral citizenship basis prescribed congress petitioner born outside territory become citizen naturalization congressional authority see wong kim ark congressional enactment granting citizenship remains alien plain language sets forth precondition acquisition citizenship petitioner admittedly met thus even agree difference treatment illegitimate children citizenfathers unconstitutional consistent extremely limited judicial power area see fiallo bell remedy constitutional infirmity declaring petitioner citizen ordering state department approve application citizenship see ins pangilinan case may remedy alleged violation either expanding limiting benefits conferred deny grant equally pp stevens announced judgment delivered opinion rehnquist joined filed opinion concurring judgment kennedy joined scalia filed opinion concurring judgment thomas joined ginsburg filed dissenting opinion souter breyer joined breyer filed dissenting opinion souter ginsburg joined children born wedlock outside specific challenge distinction drawn immigration nationality act ina stat amended legal information institute project hermes image parts opinion pdf versions related documents bench copy opinion stevens notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions ington typographical formal errors order corrections may made preliminary print goes press albright opinion stevens child alien father citizen mother one hand child alien mother citizen father subject residence requirements citizen parent citizenship former established birth citizenship latter established unless either father child takes certain affirmative steps create confirm relationship petitioner contends statutory requirement steps taken child minor violates fifth amendment statute contains limitation time within child citizen mother may prove became citizen birth find merit challenge statute impose limitation time within members either class children may prove qualify citizenship establish different qualifications citizenship two classes dren persuaded qualifications members classes far cated facts case well supported valid governmental interests therefore conclude statutory distinction neither arbitrary invidious petitioner born june angeles city republic philippines records local civil registrar disclose birth registered days later named lorena peñero mother luz peñero filipino national birth illegitimate spaces form referring name nationality father blank petitioner grew received high school college education philippines least birthday never lived app evidence either cite opinion stevens mother ever resided outside philippines petitioner father charlie miller american zen residing texas apparently served air force stationed pines time petitioner conception never married petitioner mother dence philippines time tioner birth ever returned pleting tour duty miller filed petition texas establish relationship petitioner petition unopposed entered untary paternity decree finding biological legal father lorelyn penero miller decree father child child born father mother marriage app pet cert november petitioner filed application registration citizen state partment application denied march petitioner reapplied father obtained nity decree texas july reapplication also denied ground texas decree satisfy requirements section ina requires child born wedlock legitimated mother born leyte several years petitioner birth mother married man named frank raspotnik raised family angeles city app although formal finding paternity established clear convincing evidence undisputed letter petitioner attorney state department acknowledged satisfied charlie miller putative father citizen possesses sufficient physical presence transmit citizenship sufficient evidence access applicant mother probable time conception app pet cert age eighteen order acquire citizenship section ina formerly section ina explanation reliance denial letter added without legitimation age eighteen legally recognized relationship ina child acquires rights citizenship american citizen parent ibid ii petitioner father filed amended complaint secretary state district eastern district texas seeking judgment declaring petitioner citizen therefore right possess american passport alleged ina different treatment citizen mothers citizen fathers violated miller right equal protection laws utilizing suspect classification gender without justification app response motion dismiss filed government district concluded miller standing dismissed party venue texas therefore improper see transferred case district district columbia site secretary residence government renewed motion forum concluded even though petitioner suffered injury caused secretary refusal register citizen injury redressable federal courts power grant citizenship supp citing ins pangilinan appeals district columbia circuit affirmed different grounds first held petitioner standing challenge constitutionality challenge succeed enter judgment declaring already citizen pursuant provisions ina cadc merits however concluded requirements imposed illegitimate child american citizen father child citizen mother justified interest fostering child ties country explained conclude ninth circuit desire promote early ties country relatives citizens country ir rational basis requirements made sections ablang reno furthermore find entirely reasonable congress require special evidence ties illegitimate child father mother far less likely ignore child carried womb natural father may even aware existence recognized fathers illegitimate children similarly situated parham hughes putative father often goes way unconscious birth child even conscious often totally unconcerned absence ties mother id internal quotation marks citation omitted distinction seems especially warranted applicant citizenship fathered serviceman serving tour duty overseas judge wald concurred judgment despite opinion rational basis law requires citizen father citizen mother formally legitimate child reaches majority well agree writing provide financial support date forever forfeit right transmit citizenship id agreed requiring sort minimal ties parent child well fostering early connection child country rational government policy agree goals justify set procedural hurdles wish confer citizenship children id nevertheless regretfully concurred judgment believed decision fiallo bell required uphold constitutionality granted certiorari address following question distinction children citizen mothers children citizen fathers violation fifth amendment constitution iii explaining answer single question agreed address useful put one side certain issues need resolved first need decide whether fiallo bell dictates outcome case case involved claims several aliens special immigration preference whereas peti tioner claims years american citizen additionally fiallo involved challenges statutory distinctions illegitimate legitimate children encompassed question presented case therefore consider statutory provision issue case draws two types distinctions citizen fathers citizen mothers children born wedlock first relates class unmarried persons may transmit citizenship birth offspring second defines affirmative steps required transmit citizenship respect eligible class parents unmarried father may transmit citizenship child born abroad alien mother unless satisfies residency requirement applies citizen parent married alien provision citizen parent must resided total least five years least two attaining age years citizen parent unmarried mother however rather applies subsection need one year continuous residence order confer citizenship offspring since petitioner father satisfied residency requirement validity distinction requirement unusually generous provision issue affirmative steps amended imposes four requirements concerning unmarried citizen fathers must satisfied confer citizenship date birth person born wedlock alien mother another country citizenship persons established blood relationship person father established clear convincing evidence father nationality time person birth father unless deceased agreed writing provide financial support person person reaches age years person age years person legitimated law person residence domicile father acknowledges paternity person writing oath paternity person established adjudication competent second four requirements expressly included provision applicable unwed citizen mothers see supra petitioner relying heavily judge wald separate opinion argues rational basis imposing three requirements children citizen fathers citizen mothers first requirement issue however government question miller blood relationship petitioner moreover even though parties disputed validity third condition even though condition repeatedly targeted justice breyer need resolve debate unclear whether requirement even applies petitioner case added birth falls within special interim provision allows elect application required legitimation age see supra even condition apply claim citizenship state department refusal register petitioner citizen expressly based indeed since subsection written disjunctive necessary uphold least onerous three alternative methods compliance sustain government position thus issue presented facts case whether requirement children born wedlock citizen fathers citizen mothers obtain formal proof paternity age either legitimation written acknowledgment father oath adjudication competent fifth amendment significance petitioner case unlike petitioners fiallo see challenging denial application special status contesting government refusal register treat citizen prevail judgment favor confirm preexisting citizenship rather grant rights possess therefore agree appeals standing invoke jurisdiction federal courts see distinguishing ins pangilinan moreover claim relies heavily proposition citizen father right transmit citizenship citizen mother shall evaluate alleged discrimination well impact see craig boren iv terms ina joint conduct citizen alien results conception sufficient produce american citizen regardless whether citizen parent male female partner two parties engage second joint agree marry one follow provision issue case however deals cases relevant joint conduct occurs conception determines ability parties acting separately confer citizenship child born outside citizen unmarried female must first choose carry pregnancy term reject native alternative available law many reality women around world must actually give birth child section rewards choice labor conferring citizenship child citizen unmarried male need participate decision give birth rather choose abortion need present birth least years thereafter need provide parental support either moral financial either mother child order preserve right confer citizenship child pursuant order retroactively transmit citizenship child date child birth requires willing able acknowledge paternity writing oath child still minor fact requires even less unmarried provision alternatively satisfied child turns paternity established adjudication competent appear child obtain adjudication absent affirmative act father perhaps even express objection thus vast difference burdens imposed respective parents potential citizens born wedlock foreign land seems obvious burdens imposed female citizen severe imposed male citizen provision issue case nevertheless argued male citizen offspring victims irrational discrimination product stereotypes relative abilities men women brief peti tioner find argument singularly unpersuasive insofar argument rests fact male citizen parent forever forfeit right transmit citizenship come forward child minor whereas limit time within citizen mother may prove blood relationship argument overlooks difference substantive condition procedural limitation substantive conduct unmarried citizen mother qualifies child citizenship completed moment birth relevant conduct unmarried citizen father child may occur time within years thereafter however procedural hurdle limits time method either parent child may provide state department evidence necessary steps taken transmit citizenship child substantive requirement embodied serves least part ensure person born wedlock claims citizenship birth actually shares blood relationship american citizen originally enacted required simply paternity child born wedlock established child age years legitimation stat section offered means proving biological relationship time modified ina provisions issue fiallo favor unmarried fathers children see supra congress expanded allow two alternatives found subsections pub stat purpose amendment simplify facilitate determinations acquisition citizenship children born wedlock american citizen father eliminating necessity determining father residence domicile establishing satisfaction legitimation provisions jurisdiction hearings amendment also added requires paternity established clear convincing evidence order deter fraudulent claims standard proof viewed ancillary measure replacement proof paternity legitimation formal alternative see id doubt ensuring reliable proof biological relationship potential citizen citizen parent important governmental objective see trimble gordon fiallo denied male female parents differently situated respect blood relationship birth mother immediately obvious typically established hospital records birth certificates relationship unmarried father may often undisclosed unrecorded contemporary public record thus requirement father make timely written acknowledgment oath child obtain adjudication paternity produces rough equivalent documentation already available evidence blood relationship mother child statute required citizen parent whether male female obtain appropriate formal documentation within days birth face even though practical operation disfavor unmarried males virtually every case requirement superfluous mother surely fact statute allows years provide evidence comparable mother provides immediately birth viewed discriminating father child nevertheless petitioner reiterates suggestion irrational require formal act written acknowledgment adjudication advent reliable genetic testing fully addresses problem proving paternity subsection already requires proof paternity clear convincing evidence see respectfully disagree nothing subsection requires citizen father child obtain genetic paternity test difficult moreover understand signing paternity acknowledgment oath prior child birthday burdensome obtaining genetic test relatively expensive normally requires physical intrusion putative father child often available foreign countries congress fairly conclude despite recent scientific advances still remains preferable require formal legal act establish paternity coupled evidence standard deter fraud time limitation turn provides assurance formal act based upon reliable evidence also deters fraud congress course free revise collective judgment permit genetic proof paternity rather requiring formal legal act father constitution require change section also serves two important purposes unrelated determination paternity interest encouraging development healthy relationship citizen parent child child minor related interest fostering ties child child born wedlock outside citizen mother unlike citizen father certainly knows child existence typically custody child immediately birth child thus opportunity develop ties citizen mother early age may even grow mother returns contrast due normal interval nine months conception birth unmarried father may even know child exists child may know father identity section requires relatively easy formal step either citizen father child shows beyond doubt least one two knows blood relationship thus assuring least opportunity develop personal relationship facts case provide ready example concern miller petitioner failed take steps establish legal relationship petitioner birthday indication record contact whatsoever applied passport given size american military establishment stationed various parts world past half century reasonable assume case unusual petitioner born service personnel stationed far east philippines dept commerce statistical abstract ed americans military time one percent female figures coupled interval conception birth fact military personnel regularly return tour duty ends suggest congress legitimate concerns class children born abroad wedlock alien mothers american men necessarily know known children surely reasonable ina enacted remains equally reasonable today congress condition award citizenship children act demonstrates minimum possibility become citizens develop ties requirement performs meaningful purpose citizen fathers normally superfluous citizen mothers course possible child born foreign country may ultimately fail establish ties citizen parent country even though child citizen parent engaged conduct qualifies child citizenship citizen mother may abandon child returning citizen father even acknowledging paternity may die abscond child opportunity bond visit country fact interest fostering ties country may fully achieved either class children qualify legitimacy importance interest congress reasonably may assumed formal requirements tend make likely fathers opportunity develop meaningful relationship children fact mother knows baby existence often custody birth statute effect reduce rather aggravate disparity two classes children convinced strong governmental interests justify additional requirement imposed children citizen fathers also particular means used well tailored serve interests perfectly appropriate require formal act evidence father child know existence formal act whether legitimation written acknowledgment father adjudication lessens risk fraudulent claims made years relevant conduct required requirement formal act take place child minor congress obviously powerful interest fostering ties child citizen parent formative years reliable contemporaneous proof child citizen father opportunity form familial bonds child turned congress reasonably may demand child show sufficient ties country rather citizen parent order citizen conclusion congress may require affirmative act unmarried fathers children mothers children directly supported decision lehr robertson case involved new york law automatically provided mothers illegitimate children prior notice adoption proceeding right veto adoption extended rights unmarried fathers whose claim paternity supported formal public act adjudication filing notice intent claim paternity written acknowledgment mother id petitioner lehr unmarried putative father need mailed postcard state putative father registry enjoy rights child undisputed mother id yet argued requirement violated equal protection clause rejected argument find comparable claim case anything even less persuasive whereas putative father lehr deprived certain rights failed take affirmative step within two years child birth adoption proceeding took place unfavorable treatment attributable miller failure take appropriate action within years petitioner birth petitioner failure obtain paternity adjudication competent turned even though rule applicable class children born abroad eminently reasonable justified important government policies petitioner amici argue unconstitutional classification shall comment briefly argument words stereotype stereotyping stereotypical used repeatedly petitioner amici briefs note condemned statutory classifications rest assumption gender may serve proxy relevant qualifications serve administrator estate reed reed engage professional nursing mississippi univ women hogan train military service virginia name examples moreover expressly repudiated cases rested assumption members one sex suitably practice law tend bar see hogan commenting bradwell state wall goesaert cleary discrimination merely accidental byproduct traditional way thinking females unacceptable califano goldfarb stevens concurring judgment gender equality principle implicated cases indirectly involved case two reasons first conclusion petitioner citizen rests several coinciding factors gender citizen parent facts case even petitioner mother citizen father alien petitioner qualify citizenship mother never alternatively citizen parent female member air force like miller returned end tour duty quite probably irrelevant petitioner become citizen birth force constitution second merely sex citizen parent determines whether child citizen terms statute rather event creating legal relationship parent birth citizen mothers postbirth conduct citizen fathers offspring nevertheless may assume classification merely product outmoded stereotype invalid gender stereotypes supposedly premised american father never anything proverbial breadwinner remains aloof child rearing duties mother closer child born wedlock father even disregarding statute separate purpose ensuring reliable proof blood relationship neither propositions fairly reflects justifications classification actually issue section concerned either average father even average father child born wedlock concerned father whose child born foreign country unwilling unable acknowledge paternity whose child unable unwilling obtain paternity adjudication congressional assumption father child especially unlikely develop relationship thus foster child ties country solid basis even assume fathers made effort become acquainted children good better parents members opposite sex statute assume mothers illegitimate children necessarily closer relationship children fathers assume present event transmits citizenship child hospital records birth certificates normally make acknowledgment formal proof parentage unnecessary initial custody least give opportunity develop caring relationship child section provision need therefore supported undisputed assumption fathers less likely mothers opportunity develop relationships simply justice breyer contends post less likely take advantage opportunity exists assumptions firmly grounded adequately explain congress found unnecessary impose requirements mother entirely appropriate father none premises statutory classification grounded fairly characterized accidental byproduct traditional way thinking members either sex biological differences single men single women provide relevant basis differing rules governing ability confer citizenship children born foreign lands indeed suggestion simply congress authorized citizenship birth children born abroad unmarried mothers impose conditions upon granting citizenship children zen fathers might characterized merely byproduct strong presumption legal distinctions suspect impartial analysis relevant differences citizen mothers citizen fathers plainly rebuts presumption judgment appeals affirmed ordered see michael superior sonoma stevens dissenting justice scalia argues petitioner suit must dismissed courts power provide relief requested post conclude constitutional violation remedy express ion question writ certiorari appeals district columbia circuit april justice justice kennedy joins concurring judgment long applied presumption standing prudential limitation exercise federal jurisdiction federal courts held must hesitate resolving controversy even one within constitutional power resolve basis rights third persons parties litigation singleton wulff see also warth seldin contrary prudential rule recognizes petitioner standing raise equal protection challenge statute however accords differential treatment fathers mothers sons daughters thus although petitioner clearly injured fact denied citizenship discriminatory impact provision falls petitioner father charlie miller longer party suit consequently believe consider petitioner gender discrimination claim recognizes petitioner claim turns proposition citizen father right transmit citizenship citizen mother resolves evaluate alleged discrimination petitioner father well impact petitioner ante even allegedly illegal act affects litigant also affects third party plaintiff rest claim relief legal rights interests third part department labor triplett internal quotation marks omitted party raising constitutional challenge statute must demonstrate alleged unconstitutional feature statute injures also within class persons respect act unconstitutional heald district columbia requirement arises understanding thirdparty rightholder may fact wish assert claim question well belief third parties usually best proponents rights singleton supra see also holden hardy support decision consider charlie miller claim justice stevens writing justice breyer dissent cite craig boren case allowed vendor challenge state law permitted sales beer females reached age prohibited sales males turned law proscribed sale rather consumption beer determined vendor least awkward challenger distinction id reasoned prudential objectives served rejecting standing lower already ha entertained relevant constitutional challenge id however expressly take account charlie miller equal protection rights instead reviewing petitioner challenge claim gender discrimination children citizen fathers opposed children citizen mothers see cadc importantly since decided craig articulated contours standing inquiry greater detail powers ohio stated litigant seeking assert rights another party must satisfy three interrelated criteria litigant must suffered injury fact thus giving sufficiently concrete interest outcome issue dispute litigant must close relation third party must exist hindrance third party ability protect interests id internal quotation marks citations omitted see also campbell louisiana slip seems clear petitioner significant stake challenging statute close relationship father demonstrated substantial hindrance father ability assert rights powers earlier precedents suggest absence obstacle precludes standing see explaining three important criteria must satisfied must exist hindrance third party ability protect interests presumption rebutted see also singleton supra even relationship close reasons requiring persons assert rights generally still apply petitioner demonstrated charlie miller confronted genuine obstacle assertion rights rises level hindrance see also barrows jackson standing accorded difficult impossible persons whose rights asserted present grievance fact charlie miller originally filed suit asserted rights opted pursue claim throughout litigation true wrongly dismissed action eastern district texas government made misguided argument rights injured lorelyn penero miller true plaintiff action see motion dismiss plaintiff first amended complaint alternative transfer venue failed appeal erroneous dismissal claim hindrance vindication charlie miller constitutional rights ultimately self imposed reluctant accept government litigation strategy unfavorable ruling lower courts sufficiently severe obstacle assertion litigant rights warrant exception prudential standing requirements requirements adopted serve institutional interests federal courts convenience litigants see dallas bender williamsport area school justice breyer asserts appeals take time money change venue left charlie miller uncertain appeal see post obstacle inconvenience caused normal course litigation often involves transfer venue charlie miller never indicated intent challenge dismissal suit suggestion faced unusual practical legal barriers filing notice appeal instituting suit burdensomearguably burdensome filing appeal denial conclude course events transpired case constituted hindrance charlie miller ability assert rights step toward eliminating hindrance prong altogether thus far permitted standing daunting barriers deterred rightholder powers supra take extreme example hodel irving concluded plaintiffs standing assert rights deceased parents id powers noted potential jurors parties proceeding easily obtain declaratory injunctive relief prosecutor exercise peremptory challenges find difficult demonstrate likelihood discrimination recur economic disincentives filing suit privacy concerns may also provide compelling explanation third party absence litigation carey population services determined vendor challenge law prohibiting distribution contraceptives minors desire avoid publicity deter potential purchasers defending rights id see also eisenstadt baird likewise innaacp alabama ex rel patterson held organization raise privacy rights members litigation initiated members disclose identity destroy privacy sought protect id insurmountable procedural obstacles preclude rightholder suit also accorded standing singleton concluded physicians assert rights indigent women denied funding abortion imminent mootness prevented women bringing claims see similarly barrows involved constitutional rights prospective victims racially restrictive real estate covenant unidentified thus see craig case garners sole support according standing named plaintiff turned course litigation mooted challenge striction see legitimate obstacles exist lie beyond control rightholder party absence suit likely stems disability disinterest hindrance signals rightholder simply decline bring claim behalf fact see singleton supra genuine obstacle third party absence loses tendency suggest right truly stake truly important party becomes default right best available proponent furthermore hindrance impedes assertion claim right likely thus relevant law recognizes standing barrows example permitted thirdparty standing reasons underlie rule denying standing raise another rights outweighed need protect fundamental rights otherwise denied moreover contrast case white property owner contesting racially restrictive covenant barrows effective adversary one whose charge keeping repose power continue use property discriminate discontinue use id although injured party us party actually discriminated best suited challenging statute available undertake task see gladstone realtors village bellwood prudential barriers seek limit access federal courts litigants best suited assert particular claim light petitioner uncertain constitutional status potential problems fashioning remedy injury see post scalia concurring judg ment allowing assert charlie miller claim likely dilute rather protect constitutional rights although petitioner raise father rights may raise unclear whether alien may assert constitutional objections outside territory see johnson eisentrager assume petitioner may challenge constitutionality challenge however triggers rational basis scrutiny pointed see supra draw distinction based gender child petitioner claim injured gender discrimination see allen wright injury arising discrimination accords basis standing persons personally denied equal treatment challenged discriminatory conduct internal quotation marks omitted moreover grant certiorari limited question whether discriminates children citizen mothers children citizen fathers claim discrimination based differential treatment illegitimate versus legitimate children presented see given petitioner raise claim discrimination triggering heightened scrutiny argue irrationally discriminates illegitimate children citizen fathers citizen mothers although share justice stevens assessment provision withstands heightened scrutiny ante believe passes rational scrutiny reasons gives sustaining higher standard unlikely opinion gender classifications based stereotypes survive heightened scrutiny rational scrutiny statute may defended based generalized classifications unsupported empirical evidence see heller doe classification must upheld equal protection challenge reasonably conceivable state facts provide rational basis classification state moreover obligation produce evidence sustain rationality statutory classification internal quotation marks citations omitted particularly true classification adopted reference immigration area congress frequently must base decisions generalizations groups people adopted presumption standing preserve properly limited role warth identified particular set circumstances rebut presumption believe treat considerations particular hindrance prong meaningful criteria consequently accord petitioner standing raise father claim gender discrimination petitioner constitutional challenge triggers rational basis scrutiny sustainable standard accordingly concur judgment affirming appeals decision writ certiorari appeals district columbia circuit april justice scalia justice thomas joins curring judgment agree outcome case reason fundamental one relied upon justice stevens view makes difference whether passes heightened scrutiny test members might choose apply complaint must dismissed power provide relief requested conferral citizenship basis prescribed congress constitution contemplates two sources citizenship two birth naturalization wong kim ark fourteenth amendment person born subject jurisdiction thereof becomes citizen needs naturalization ibid petitioner born outside territory alien far constitution concerned become citizen naturalized either treaty case annexation foreign territory authority congress id see also rogers bellei authority congress appealed power art cl establish uniform rule naturalization congressional enactment granting petitioner citizenship remains alien enactment petitioner relies immigration nationality act ina stat amended establishes requirements acquisition citizenship child born wedlock child father citizen section provides relevant part confers citizenship children one parent alien citizen shall apply date birth person born wedlock blood relationship person father established clear convincing evidence father nationality time person birth father unless deceased agreed writing provide financial support person person reaches age years person age years person legitimated law person residence domicile father acknowledges paternity person writing oath paternity person established adjudication competent plain language sets forth precondition acquisition citizenship illegitimate child petitioner come federal claiming met precondition state department conclusion contrary factually error rather acknowledges meet last two requirements precondition nonetheless asks declaratory judgment citizen order secretary state requiring state department grant application citizenship app requirements meet also imposed upon illegitimate children therefore violate equal protection clause even agree difference treatment illegitimate children unconstitutional consistent limited judicial power area remedy constitutional infirmity declaring petitioner citizen ordering state department approve application citizenship determined person qualify citizenship district discretion ignore defect grant citizenship ins pangilinan internal quotation marks citation omitted judicial power immigration naturalization extremely limited cases long recognized power expel exclude aliens fundamental sovereign attribute exercised government political departments largely immune judicial control fiallo bell quoting shaughnessy ex rel mezei see also landon plasencia power admit exclude aliens sovereign prerogative mathews diaz exercise broad power naturalization immigration congress regularly makes rules unacceptable applied citizens kleindienst mandel lenary congressional power make policies rules exclusion aliens long firmly established galvan press formulation policies pertaining entry aliens right remain entrusted exclusively congress become firmly imbedded legislative judicial tissues body politic aspect government congress power set requirements acquisition citizenship persons born within territory federal courts exercise power guise remedial authority neither application doctrine estoppel invocation equitable powers means power confer citizenship violation statutory limitations pangilinan supra alien seeks political rights member nation rightfully obtain upon terms conditions specified congress courts without authority sanction changes ginsberg emphasis added petitioner argues justice breyer dissent seems agree see post breyer dissenting meets requirements may declare citizen birth provision ignore entirely allegedly unconstitutionally takes away citizenship brief petitioner argument adopts fanciful view statute whereby takes away unconditionally though sort condition subsequent conveyance real estate anything course condition precedent since says shall apply date birth person born wedlock person meets requirements set forth emphasis added unitary statute picked apart fashion sure read isolation might refer married unmarried parents however read statutory provisions isolation provisions act exist see king vincent hospital section confer citizenship upon children born wedlock unless requirements satisfied argued exempting applicant unconstitutional requirement either part rewriting law simply ignoring portion law nullity see post breyer dissenting assumes however judicial power sever unconstitutional portion remainder apply remainder unencumbered power exists exercised basis assessment whether congress enacted remainder law without invalidated provision see new york know instance however severed unconstitutional restriction upon grant immigration citizenship view incompatible plenary power congress fields judges speculate congress enacted enacted example preferred extend requirements mothers instead eliminating fathers even deny citizenship illegitimate children entirely specifically recognized power congress grant citizen right transmit citizenship descent rogers moreover mere character naturalization power enough render severing limitation upon citizenship improper ina contains clear statement congressional intent person may naturalized citizen manner conditions prescribed subchapter otherwise emphasis added justice breyer reliance upon ina general severability clause stat misplaced specific governs general see morales trans world airlines question severance ultimately turns whether provisions inseparable virtue inherent character carter carter coal must gleaned structure nature act another obstacle judicial deletion challenged requirements fact statutory violation equal protection occurred foreordained particular statutory provision invalid constitutional vice consists unequal treatment may logically attributed disparately generous provi sion supposedly provision governing citizenship illegitimate children citizen mothers disparately parsimonious one provision governing citizenship illegitimate children citizen fathers noted sustaining equal protection claim faces remedial alternatives may either declare statute nullity order benefits extend class legislature intended benefit may extend coverage statute include aggrieved exclusion heckler mathews quoting welsh harlan concurring result given nature law issue given clear command conditions prescribed subchapter otherwise doubt alternatives must employ confer citizenship congress done event like ordinary equal protection case one class subjected restriction class exempt see craig boren men served alcoholic beverages years age whereas women need class subjected restrictions exempt illegitimate children citizen fathers must meet requirements illegitimate children citizen mothers exempt illegitimate children citizen mothers must meet quite different requirements illegitimate children citizen fathers exempt situation eliminating strictions fathers produce law complies equal protection clause assuming initially violation rather produces law treats fathers favorably mothers way fix law merely disregarding one provision unconstitutional disregard either leaving restrictions whatever upon citizenship illegitimate children think proper course denying naturalization illegitimate children entirely since meant apply unqualified terms illegitimate children even outside particularly sensitive area immigration naturalization aware case engaged radical statutory surgery certainly engaged sum case power remedy alleged equal protection violation either expanding limiting benefits conferred deny grant equally dealing exercise nation sovereign power admit exclude foreigners accordance perceived national interests fiallo federal judges may decide national interests requirements citizenship best serve petitioner citizen act congress give declaratory judgment affirmative relief requests therefore concur judgment writ certiorari appeals district columbia circuit april justice ginsburg justice souter justice breyer join dissenting justice breyer convincingly demonstrates classifies unconstitutionally basis gender determining capacity parent qualify child citizenship section rests familiar generalizations mothers rule responsible child born wedlock fathers unmarried child mother ordinarily law issue might made custody support relevant criterion instead treats mothers one way fathers another shaping government policy fit reinforce stereotype historic pattern characteristic classifications stereotypes underlying legislation may hold true many even individuals prior decisions rejected official actions classify unnecessarily overbroadly gender accurate impartial functional lines drawn divided lorelyn miller standing sue solid majority adheres vital understanding justice opinion makes plain distinctions based gender trigger heightened scrutiny unlikely gender classifications based stereotypes survive heightened scrutiny ante opinion concurring judgment post breyer dissenting surface treats females favorably indeed might seen benign preference affirmative action sorts compare mississippi univ women hogan id powell dissenting two justices today apparently take view justice stevens opinion chief justice joins portrays helpfully recognizing different situations unmarried mothers fathers period birth fairly equalizing burdens parent bears see ante pages history place provision perspective section one provisions remaining code uses sex criterion delineating citizens rights innovation respect nation past laws transmission citizenship parent child discriminated adversely citizen mothers citizen fathers first statute citizenship children born abroad enacted stated children citizens may born beyond sea limits shall considered natural born citizens provided right citizenship shall descend persons whose fathers never resident act mar ch stat statutes passed similarly conditioned citizenship child born abroad father least residence act stat act apr stat father residence requirement suggests congress intended child born abroad gain citizenship father citizen indeed law england time see kent commentaries american law hereinafter kent commentaries geo ch statutory language congress adopted however ambiguous one read words children citizens mean child citizen mother foreign father qualify citizenship father point resided country see binney alienigenae reg chancellor kent observed words might mean parents citizens citizenship pass kent commentaries legislation children born abroad become citizens unless parents citizens meant years passed foreignborn persons qualify daniel webster among others proposed remedial legislation bill granted citizenship children born abroad citizen mothers well fathers effort unsuccessful see cong globe franklin legislative history naturalization reprint ed instead congress clarified citizenship pass children born abroad father citizen act stat codified revised statutes provision originating read children heretofore born hereafter born limits jurisdiction whose fathers may time birth citizens thereof declared citizens rights citizenship shall descend children whose fathers never resided rev stat early statutes congress differentiate children born abroad married parents born wedlock section applied allowed transmission citizenship children born wedlock father legitimated child see op atty see also guyer smith md foreign born children remain illegitimate qualify citizenship several reported instances children legitimated fathers gained citizenship even though legitimation occurred lorelyn miller case child reached majority see gordon mailman immigration law procedure pp hereinafter gordon see hackworth digest international law noting case legitimation deemed sufficient maintaining ormally legitimation must take place minority child early part century state department permitted transmission citizenship unwed mother child reasoning child born wedlock mother stands place father house committee immigration naturalization report proposing revision codification nationality laws part one proposed code explanatory comments comm print hereinafter proposed code ultimately however attorney general rejected department reasoning finding incompatible exclusive reference fathers see op atty women inability transmit citizenship children born abroad one among many distinctions drawn immigration nationality laws woman married foreign citizen risked losing nationality early days marriage alien whether friend enemy produce dissolution native allegiance wife shanks dupont pet story end nineteenth century however courts adopted view woman nationality followed husband see pequignot detroit cc ed particularly woman resided abroad husband country see ruckgaber moore cc ed ny see generally bredbenner toward independent citizenship married women nationality rights ph dissertation university virginia hereinafter bredbenner sapiro women citizenship nationality immigration naturalization policies politics soc state department officials inclined towards view well see gettys law citizenship congress settled matter provided statute female citizen automatically lost citizenship upon marriage alien act mar stat upheld statute noting identity husband wife ancient principle jurisprudence mackenzie hare statutory rule women relinquished citizenship upon marriage alien encountered increasing opposition fueled large part women suffrage movement enhanced importance citizenship women obtained right vote see bredbenner sapiro supra response congress provided measure relief cable act marriage alien longer stripped woman citizenship automatically act cable act ch stat equal respect woman nationality remained partially realized woman still lost citizenship married alien ineligible citizenship become citizen naturalization husband qualify citizenship presumed renounced citizenship lived abroad husband country two years lived abroad elsewhere five years id see also sapiro supra woman became naturalized citizen unable transmit citizenship children noncitizen husband remained alive separated see citizenship status minor children nj status wife dependent upon husband therefore children acquired citizenship source theretofore existent common law see also gettys supra restrictions like kind applied male citizens instead congress treated wives children male citizens immigrants benevolently legislation automatically granted citizenship women married citizens act ch stat see also kelly owen wall act confers privileges citizenship upon women married citizens without action statute male alien died completing residence requirement actual naturalization widow children considered citizens act mar stat measure granted corresponding dispensation husband children alien woman addition congress provided statutory exemptions entry requirements wives children men husbands children women see act mar stat wives children enter ing country join permanent resident aliens found contracted contagious diseases transit shall deported diseases easily curable present danger others wives exempt literacy quota requirements congress moved new direction terminated discrimination citizen mothers regard children born abroad specifically congress amended read child hereafter born limits jurisdiction whose father mother time birth child citizen declared citizen rights citizenship shall descend child unless citizen father citizen mother case may resided previous birth child act may stat senate house reports act stated change made establish complete equality american men women matter citizenship children accord see generally orfield citi zenship act chi rev congress speak children born wedlock act construed authorizing transmission american citizenship descent american citizen mother child born abroad wedlock conditions child born wedlock gordon see also id iii act equal respect citizenship stature mothers fathers children born abroad remain unmodified six years later congress passed nationality act replaced revised statutes single provision citizenship children born abroad array provisions turned whether child born outlying possession whether one child parents citizens whether child born wedlock act preserved congress earlier recognition parental equality regard children born wedlock established different regime children born wedlock one disadvantaged citizen fathers children act mother child born abroad wedlock held citizenship previously resided country possession child gained mother nationality birth provided child paternity established legitimation order father mother held citizenship child qualify citizenship upon legitimation adjudication paternity child minority furthermore child generally live five years age residency requirement applied children born abroad married couples one citizen parent whether parent mother father nationality act stat subsequent legislation retained gender lines drawn act immigration nationality act made one significant change regarding citizenship children born abroad wedlock removed provision mother pass nationality child paternity child established immigration nationality act stat however congress added differentials legislature year permitted substitution written acknowledgment oath adjudication paternity prior age place formal legitimation extent congress eased access citizenship child born abroad wedlock citizen father time however congress imposed child two requirements production clear convincing evidence paternity also written statement father promising support child turned requirements child citizen mother remained child obtained mother nationality mother resided territorial possessions least year child birth act stat codified amended substantive change made since law governing citizenship children born abroad wedlock ii history treatment children born abroad citizen parents counsels skeptical examination government prime explanation gender line drawn close connection mother child contrast distant fleeting link justice stevens puts mother presence birth identification birth certificate likely initial custody child give opportunity develop caring relationship child ante congress legitimately assume father lacks nation past congress demonstrated high regard respect affiliation bears emphasis congress allowed citizen mothers transmit citizenship children congress simultaneously first time required children unless parents citizens fulfill residence requirement right citizenship shall descend unless child comes resides therein least five years continuously immediately previous eighteenth birthday act may stat commentary underscores text conveys congress largely relied residence requirement sex child citizen parent assure abiding affiliation see proposed code even one accepts face value government current rationale surely based generalizations stereotypes way women men generalizations pervade opinion justice stevens constantly relates relies typically normally probably happens often ante repeatedly cautioned however government controls gates opportunity may exclude qualified individuals based notions concerning roles abilities males females virginia slip quoting mississippi univ women hogan see also orr orr state purposes well served classification one gender classifies therefore carries baggage sexual stereotypes state permitted classify basis persuasive justification kirchberg feenstra quoting personnel administrator mass feeney one rely overbroad generalizations different talents capacities preferences males females virginia slip support differential treatment men women see alabama ex rel kennedy concurring judgment noting prevail ing case law reveal strong presumption gender classifications invalid one demur government observation citizen mothers children born abroad wedlock actually raise children citizen fathers children justice breyer elucidated observation justify distinctions male female citizens take responsibility avoid responsibility raising children justify reliance gender distinctions alleged close ties achieved without reference gender judge wald commented discussing analogous claim case appeals congress free promote close family ties ensuring citizenship conferred children least minimal contact citizen parents early formative years putative interest provides absolutely basis requiring fathers fathers formally declare parentage agree provide financial support child reaches age miller christopher cadc wald concurring judgment doubt true many female citizens gave birth abroad married foreigners moved husbands country children marriages brought natives foreign land female citizen married citizen children born abroad obtain citizenship father thus historic restriction citizenship children born abroad citizen fathers may affected many women words one woman testified favor act later became first woman sit federal district judge hether lot people suffer whether suffer seems us principle equal application law men women receive recognition hearings house committee immigration naturalization testimony burnita shelton matthews congress recognized equality principle positioned restore impartiality century note feasible syllabus headnote released done connection case time opinion issued syllabus constitutes part opinion prepared reporter decisions convenience reader see detroit timber lumber co syllabus certiorari appeals district columbia circuit argued november decided april petitioner born wedlock philippines mother filipino national father charlie miller american citizen residing texas served military philippines time petitioner conception never married petitioner mother evidence philippines time birth ever returned completing tour duty state department denied petitioner application registration citizen texas granted miller petition paternity decree finding father petitioner reapplied citizenship status denied ground texas decree satisfy requirement child born wedlock outside alien mother american father legitimated age order acquire citizenship petitioner miller sued secretary state federal district texas seeking judgment declaring citizen emphasized citizenship child alien father american mother established birth alleged different treatment citizen fathers citizen mothers violated miller fifth amendment equal protection right utilizing suspect classification gender without justification concluding miller standing dismissed party transferred venue district district columbia dismissed suit ground federal courts power grant citizenship appeals affirmed holding petitioner standing sue concluding require ments imposed child like child american mother justified governmental interests fostering child ties country citizen parent held judgment affirmed affirmed justice stevens joined chief justice concluded requirement children born abroad wedlock citizen fathers citizen mothers obtain formal proof paternity age violate fifth amendment pp foregoing issue presented case facts certain issues need resolved whether fiallo bell dictates outcome validity distinction drawn residency requirements unmarried citizen fathers unmarried citizen mothers wishing transmit citizenship birth children validity impose additional requirements citizen fathers wishing transmit citizenship petitioner contesting government refusal register treat citizen judgment favor confirm citizenship rather grant rights possess appeals therefore correct standing invoke federal courts jurisdiction moreover claim relies heavily proposition citizen father right transmit citizenship citizen mother evaluate alleged discrimination well impact see craig boren pp rule applicable class children born abroad eminently reasonable justified important government interests ensuring reliable proof person born wedlock claims citizenship birth actually shares blood relationship american citizen encouraging development healthy relationship citizen parent child child minor fostering ties child male female parents children differently situated several pertinent respects child blood relationship birth mother immediately obvious typically established hospital records birth certificates relationship unmarried father may often undisclosed unrecorded contemporary public record similarly child birth mother certainly knows child existence typically immediate custody whereas due normal intercite syllabus val nine months conception birth unmarried father may even know child exists child may know father identity section children born wedlock citizen fathers obtain formal proof paternity age either legitimation written acknowledgment father oath adjudication competent well tailored address concerns conclusion congress may require affirmative act unmarried fathers children mothers children directly supported lehr robertson pp argument unconstitutional stereotypical classification must rejected none governmental interests underlying fairly characterized accidental byproduct traditional way thinking members either sex biological differences single men single women provide relevant basis differing rules governing ability confer citizenship children born wedlock foreign lands impartial analysis differences rebuts strong presumption legal distinctions suspect pp justice joined justice kennedy concluded petitioner accorded standing raise father gender discrimination claim applies presumption standing prudential limitation exercise federal jurisdiction see singleton wulff presumption may rebutted particular circumstances litigant suffered injury fact close relation third party hindrance third party ability protect interests exists see powers ohio petitioner demonstrated genuine obstacle father ability assert rights rises level hindrance accordingly precluded raising equal protection claims case although petitioner may still assert rights invoke gender discrimination claim trigger heightened scrutiny section draws distinction based gender parent child claim discrimination based differential treatment illegitimate versus legitimate children presented question certiorari granted thus petitioner constitutional challenge subject rational basis scrutiny even though withstand heightened scrutiny sustainable lower standard pp justice scalia joined justice thomas agreed outcome case ground complaint must dismissed albright syllabus cause power provide relief requested conferral citizenship basis prescribed congress petitioner born outside territory become citizen naturalization congressional authority see wong kim ark congressional enactment granting citizenship remains alien plain language sets forth precondition acquisition citizenship petitioner admittedly met thus even agree difference treatment illegitimate children citizenfathers unconstitutional consistent extremely limited judicial power area see fiallo bell remedy constitutional infirmity declaring petitioner citizen ordering state department approve application citizenship see ins pangilinan case may remedy alleged violation either expanding limiting benefits conferred deny grant equally pp stevens announced judgment delivered opinion rehnquist joined filed opinion concurring judgment kennedy joined scalia filed opinion concurring judgment thomas joined ginsburg filed dissenting opinion souter breyer joined breyer filed dissenting opinion souter ginsburg joined footnotes comment course related cases child born wedlock claims citizenship father moreover reference age inaccurate petitioner born prior amended change relevant age see pub stat falls within narrow age bracket whose members may elect law apply see note following effective date amendment quoting added pub stat oversight affect case however texas decree entered sections ina challenged fiallo defined terms child parent determine eligibility special preference immigration status accorded children parents citizens lawful permanent residents fiallo bell child defined include illegitimate child whose behalf status privilege benefit sought virtue relationship child natural mother id quoting thus statute permit illegitimate child seek preference virtue relationship citizen resident father alien father seek preference based illegitimate child citizenship residence following decision fiallo upholding provisions congress amended ina recognize child parent status preference sought based relationship child born wedlock natural father father bona fide relationship person pub stat amended supp iv see directing shall apply specified conditions met title provides following shall nationals citizens birth person born outside geographical limits outlying possessions parents one alien citizen prior birth person physically present outlying possessions period periods totaling less five years least two attaining age fourteen years prior amendment section required residence total years least attaining age see stat section ina codified provides notwithstanding provision subsection section person born december outside wedlock shall held acquired birth nationality status mother mother nationality time person birth mother previously physically present one outlying possessions continuous period one year government offered two explanations special rule applicable unmarried citizen mothers give birth abroad first assumption citizen mother probably custody second foreign countries nationality illegitimate child mother unless paternity established government submits special rule minimize risk child might otherwise stateless see brief respondent government asserts purpose facilitate enforcement child support order thus lessen chance child become financial burden brief respondent quoting hearings et al subcommittee immigration refugees international law house committee judiciary statement joan clark assistant secretary state consular affairs hereinafter hearings threshold matter government never asserted position opposition alien outside territory substantive rights cognizable fifth amendment brief respondent even question decided whether petitioner alien whether claims citizen thus must address merits determine whether predicate argument accurate cases government relies johnson eisentrager perfectly clear complaining aliens citizens nationals though petitioner claims citizen birth rather claiming immigration preference citizenship pass descent rogers bellei thus must still meet statutory requirements set congress citizenship id ginsberg deference political branches dictates narrow standard review decisions made congress president area immigration naturalization mathews diaz even petitioner amici argue heightened scrutiny normally governs gender discrimination claims applied context see virginia slip persuaded requirement imposed children unmarried male female citizens substantially related important governmental objectives see dept state foreign affairs manual hereinafter foreign affairs manual commercially available testing presently appears cost per test see hotaling los angeles times magazine pp hereinafter hotaling mirabella lab tests give answers genetic questions baltimore sun pp cols hereinafter mirabella laboratories conduct genetic paternity testing typically use either blood samples cells scraped inside cheek putative father child often mother well see faigman kaye saks sanders modern scientific evidence pp hotaling pp mirabella cols state department observed competence integrity availability blood testing physicians facilities vary around world foreign affairs manual presently dna testing laboratories accredited american association blood banks hotaling child reaches legal age majority male citizen make fraudulent claim paternity person behalf without risk liability child support different context congress already recognized value genetic paternity testing see cadc discussing child support enforcement amendments office assistant secretary defense background study use women military ed proportion military personnel female dropped high id since proportion steadily increased present level percent see dept defense selected manpower statistics policy presently applies persons eligible citizenship birth child may obtain special immigration preference immediate issuance visa based parent citizenship lawful residence age justice breyer questions relevance lehr decided advances genetic testing see post however question paternity father case case father failed act promptly establish relationship child course sex person claiming citizenship irrelevant male petitioner case stronger theoretically might child american soldier stationed philippines world war ii see ablang reno cert denied persons born naturalized subject jurisdiction thereof citizens state wherein reside amdt brief american civil liberties union et al amici curiae wald concurring judgment justice breyer dispute fact unmarried father child born abroad less likely unmarried mother opportunity develop relationship child nevertheless replace distinction either requirement distinction caretaker parents post neither substitute seems likely candidate serious congressional consideration former practice present requirement surely every mother knowledge birth occurs option eliminate need formal steps time limits ensure parent truly knowledge child youth latter confusing best justice breyer tell us decide whether father like miller qualify caretaker also far less protective families present statute deny citizenship children relationships citizen parents primary care custody parents petitioner makes claim behalf father behalf justice breyer finds standing make claim relevant relationship father hindrance father asserting rights post quoting powers ohio original matter agree justice ground inadequate read cases demanding significant impairment rightholder ability sue example craig boren although rightholder one named plaintiffs indeed lost ability sue turned barrier whatever assertion constitutional claim oklahoma males id burger dissenting certainly craig petitioner least awkward challenger id since right citizenship stake law subject need may charitably called clarification leave another day since accept petitioner standing need reach government claim asserts first time brief merits petitioner invoke equal protection clause behalf within jurisdiction brief respondent title provides illegitimate child born citizen mother shall citizen mother previously physically present one outlying possessions continuous period one year bill contained similar provision allowing citizen women transmit citizenship children born abroad bill provided child born time without either parent time birth citizen may citizen section revised statutes derive citizenship section bill precursor cable act passed house committee immigration naturalization proceeded see bredbenner nationality citizenship entirely synonymous one national yet citizen distinction little practical impact today however remaining noncitizen nationals residents american samoa swains island see aleinikoff martin motomura immigration process policy ed provision child born abroad wedlock citizen mother gains nationality interpreted mean child gains citizenship well thus mother national also citizen child citizen see gordon viii provision granting citizenship children born abroad wedlock applied retroactively provision granting citizenship children born wedlock act nonretroactive net result child born abroad wedlock citizen mother earlier citizenship act child born wedlock congress enacted legislation making act retroactive pub tit stat codified act also provided periods service armed forces abroad count towards satisfying parental residency requirement regard child born january immigration nationality act stat codified amended