Sessions v. Morales-Santana
The Court Says an Immigration Provision That Discriminates Against One Gender Is Unconstitutional
Sessions v. Morales-Santana was featured in Gender Discrimination in U.S. Citizenship, Supreme Court Debates (December 2016). The following is excerpted from the unanimous opinion written by Justice Ginsburg, as prepared by the Court Reporter of Decisions. The gender line Congress drew [in Section 1409(c) of the Immigration and Nationality Act of 1940, which creates an exception for an unwed U.S.-citizen mother, but not for such a father, to the physical-presence requirement for the transmission of U.S. citizenship to a child born abroad] is incompatible with the Fifth Amendment’s requirement that the Government accord to all persons “the equal protection of…
