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JUNE 12, 2001

Affirming a lower court decision, the Supreme Court on Monday upheld a federal law that requires fathers to adhere to stricter standards than mothers when trying to prove US citizenship of children born outside the country.

By a vote of 5 to 4, the Court said Congress' desire to make sure such children have a biological and social connection to their US parent is Constitutional. Specifically, the Court said the law doesn't violate the equal protection clause in the 5th Amendment.

The case had been brought by the son of an American who was born in Vietnam. Joseph Boulais brought Tuan Ahn Nguyen to the United States but never officially sought citizenship for him.

When Nguyen was convicted of two counts of sexual abuse of a minor, the Immigration and Naturalization Service moved to deport him due to his alien status.

Justice Anthony M. Kennedy wrote the majority opinion, joined by the conservative members of the Court and liberal Justice John Paul Stevens. Swing vote Justice Sandra Day O'Connor wrote the dissent.

Get the Decision Tuan Anh Nguyen v. INS:
Summary | Opinion | Concurrence | Dissent

Get the Story:
Parent's Sex May Be Factor in Citizenship, Court Rules (The Wasington Post 6/12)