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2018

Mercer University School of Law

Federal birthright citizenship

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Throwing The Baby Out With The Patriarchy, Scott Titshaw Jan 2018

Throwing The Baby Out With The Patriarchy, Scott Titshaw

Articles

Throughout the history of Europe and its former new world colonies, families have been a central unit for defining legal rights and duties, including those related to citizenship and immigration. Less than a century ago, a woman and her children automatically gained or lost citizenship in the U.S. and many other countries upon her marriage to a citizen or noncitizen. The family was treated as one unit reflecting the legal identity of the father-husband as “head of family.”

Fortunately, the United States and other governments have increasingly recognized women – and, to a lesser extent, children – as independent persons …