Cite as: 582 U. S. ____ (2017)
3
Syllabus
(1) At the time §1409 was enacted as part of the Nationality
Act of 1940 (1940 Act), two once habitual, but now untenable, as
sumptions pervaded the Nation’s citizenship laws and underpinned
judicial and administrative rulings: In marriage, husband is domi
nant, wife subordinate; unwed mother is the sole guardian of a nonmarital child. In the 1940 Act, Congress codified the mother-as-sole
guardian perception for unmarried parents. According to the stereo
type, a residency requirement was justified for unwed citizen fathers,
who would care little about, and have scant contact with, their nonmarital children. Unwed citizen mothers needed no such prophylac
tic, because the alien father, along with his foreign ways, was pre
sumptively out of the picture. Pp. 9–13.
(2) For close to a half century, this Court has viewed with sus
picion laws that rely on “overbroad generalizations about the differ
ent talents, capacities, or preferences of males and females.” Virginia, 518 U. S., at 533. No “important [governmental] interest” is
served by laws grounded, as §1409(a) and (c) are, in the obsolescing
view that “unwed fathers [are] invariably less qualified and entitled
than mothers” to take responsibility for nonmarital children. Caban
v. Mohammed, 441 U. S. 380, 382, 394. In light of this equal protec
tion jurisprudence, §1409(a) and (c)’s discrete duration-of-residence
requirements for mothers and fathers are anachronistic. Pp. 13–14.
(d) The Government points to Fiallo v. Bell, 430 U. S. 787; Miller
v. Albright, 523 U. S. 420; and Nguyen v. INS, 533 U. S. 53, for sup
port. But Fiallo involved entry preferences for alien children; the
case did not present a claim of U. S. citizenship. And Miller and
Nguyen addressed a paternal-acknowledgment requirement well met
here, not the length of a parent’s prebirth residency in the United
States. Pp. 14–16.
(e) The Government’s suggested rationales for §1409(a) and (c)’s
gender-based differential do not survive heightened scrutiny. Pp. 16–
23.
(1) The Government asserts that Congress sought to ensure
that a child born abroad has a strong connection to the United States.
The statute, the Government suggests, bracketed an unwed U. S.
citizen mother with a married couple in which both parents are U. S.
citizens because she is the only legally recognized parent at birth;
and aligned an unwed U. S.-citizen father with a married couple, one
spouse a citizen, the other, an alien, because of the competing na
tional influence of the alien mother. This rationale conforms to the
long-held view that unwed fathers care little about their children.
And the gender-based means scarcely serve the suggested congres
sional interest. Citizenship may be transmitted to children who have
no tie to the United States so long as their U. S.-citizen mother was