Sessions v. Morales-Santana

Background

Luis Ramón Morales-Santana was born in the Dominican Republic in 1962 and later lived most of his life in the United States. His father, José Morales, was a U.S. citizen from Puerto Rico but fell just short of a long prebirth residency requirement then required of fathers. Under the law in effect at the time, unwed U.S. mothers could transmit citizenship to a child after only one year of prior U.S. residence, while unwed U.S. fathers faced a much longer physical-presence test drawn from the general rule for married parents.

Reasoning

The Court asked whether that gender-based difference violated the equal protection principle implied in the Fifth Amendment. Applying heightened review to distinctions based on sex, the majority found no sufficiently persuasive justification for treating unwed fathers and unwed mothers differently. The Government’s arguments about ensuring a child’s connection to the United States and preventing statelessness did not survive scrutiny. Although the Court concluded the gender line is unconstitutional, it declined to rewrite the statute by giving fathers the one-year benefit; instead the Court chose a remedy consistent with legislative intent.

Real world impact

The ruling requires that the gender-based residency scheme cannot stand and directs that, going forward, Congress must decide a single, uniform physical-presence rule for children born abroad to one U.S. citizen and one foreign parent. In the interim, the Court indicated that the longer general residency rule should apply prospectively to cases like this one. The case is sent back to lower courts for further proceedings under that guidance.

Dissents or concurrances

Justice Thomas, joined by Justice Alito, agreed the Court should not grant the specific relief sought and therefore concurred only in the judgment reversing the Second Circuit.