2
SESSIONS v. MORALES-SANTANA
Syllabus
Santana later moved to reopen the proceedings, asserting that the
Government’s refusal to recognize that he derived citizenship from
his U. S.-citizen father violated the Constitution’s equal protection
guarantee. The Board of Immigration Appeals denied the motion,
but the Second Circuit reversed. Relying on this Court’s post-1970
construction of the equal protection principle as it bears on genderbased classifications, the court held unconstitutional the differential
treatment of unwed mothers and fathers. To cure this infirmity, the
Court of Appeals held that Morales-Santana derived citizenship
through his father, just as he would were his mother the U. S. citizen.
Held:
1. The gender line Congress drew is incompatible with the Fifth
Amendment’s requirement that the Government accord to all persons
“the equal protection of the laws.” Pp. 6–23.
(a) Morales-Santana satisfies the requirements for third-party
standing in seeking to vindicate his father’s right to equal protection.
José Morales’ ability to pass citizenship to his son easily satisfies the
requirement that the third party have a “ ‘close’ relationship with the
person who possesses the right.” Kowalski v. Tesmer, 543 U. S. 125,
130. And José’s death many years before the current controversy
arose is “a ‘hindrance’ to [José’s] ability to protect his own interests.”
Ibid. Pp. 6–7.
(b) Sections 1401 and 1409 date from an era when the Nation’s
lawbooks were rife with overbroad generalizations about the way
men and women are. Today, such laws receive the heightened scru
tiny that now attends “all gender-based classifications,” J. E. B. v.
Alabama ex rel. T. B., 511 U. S. 127, 136, including laws granting or
denying benefits “on the basis of the sex of the qualifying parent,”
Califano v. Westcott, 443 U. S. 76, 84. Prescribing one rule for moth
ers, another for fathers, §1409 is of the same genre as the classifica
tions declared unconstitutional in Westcott; Reed v. Reed, 404 U. S.
71, 74, 76–77; Frontiero v. Richardson, 411 U. S. 677, 688–691; Weinberger v. Wiesenfeld, 420 U. S. 636, 648–653; and Califano v. Goldfarb, 430 U. S. 199, 206–207. A successful defense therefore requires
an “ ‘exceedingly persuasive justification.’ ” United States v. Virginia,
518 U. S. 515, 531. Pp. 7–9.
(c) The Government must show, at least, that its gender-based
“ ‘classification serves “important governmental objectives and that
the discriminatory means employed” are “substantially related to
[achieving] those objectives.” ’ ” Virginia, 518 U. S., at 533. The clas
sification must serve an important governmental interest today, for
“new insights and societal understandings can reveal unjustified ine
quality . . . that once passed unnoticed and unchallenged.” Obergefell
v. Hodges, 576 U. S. ___, ___. Pp. 9–14.