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CUNY Law Review Footnote Forum
November 3, 2016
Recommended citation:
Janet Calvo, Morales-Santana Before the U.S. Supreme Court. Gender Discrimination in
Derivative Citizenship with Consequences for Gender Equity, Parental Responsibility and
Children's Well Being, 20 CUNY L. REV. F. 1 (2016),
http://www.cunylawreview.org/scotus-lynch-morales-santana/ [https://perma.cc/R3 J3-
PQQB].
MORALES-SANTANA BEFORE THE U.S. SUPREME
COURT:
GENDER DISCRIMINATION IN DERIVATIVE
CITIZENSHIP WITH CONSEQUENCES FOR GENDER
EQUITY, PARENTAL RESPONSIBILITY AND
CHILDREN'S WELL BEING
Professor Janet Calvo'
On November 9, 2016, the U.S. Supreme Court will hear arguments in
Lynch v. Morales-Santana.2 The case directly addresses the constitutionality
of gender differences in the acquisition of U.S. citizenship by statute
through parentage . But the case is infused with issues about the historical
record of discrimination based in gender, non-marital birth, race and
imperialism in U.S. law. The outcome of the case will be legally and
socially significant because of the standards the Court may apply to gender
discrimination and to a remedy for discrimination in the context of
citizenship and because of the societal message sent regarding parental
responsibility for non-marital children grounded in gender stereotypes.
Specifically, the case involves the statutory difference in acquiring U.S.
citizenship at birth outside of the U.S. through an out of wedlock citizen
1 Thanks for assistance on this article to the staff of The City University of New York
Law Review and to my colleagues, Professors Ruthann Robson and Natalie Gomez-Velez.
2 Docket for No. 15-1191 (Lynch v. Morales-Santana), SUPREME COURT OF THE
UNITED STATES, https://www.supremecourt.gov/search.aspx?filename=/docketfiles/15-
1191.htm (last visited Oct. 15, 2016) [https://perma.cc/GH2V-ASB2].
3 Question Presented at 1, Lynch v. Morales-Santana (No. 15-1191), SUPREME COURT
OF THE UNITED STATES (June 28, 2016), https://www.supremecourt.gov/qp/15-0119lqp.pdf
[https://perma.cc/KGG6-9RCH]; Morales-Santana v. Lynch, 804 F.3d 520 (2d Cir. 2015),
cert. granted, 136 S. Ct. 2545 (U.S. June 28, 2016) (No. 15-1191).](ViewImageLocal?handle=hein.journals/cunyform20&div=1&collection=&method=preview&ext=.png&size=3)