Flores-Villar v. United States (09-5801)

argument 09-5801

Flores-Villar v. United States

Supreme Court of the United States 1h 0m 4 speakers 8 chapters transcribed 6 days ago official recording ↗

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What constitutional issue does Flores‑Villar raise about gender‑based citizenship requirements?

John G. Roberts 0:03

We'll hear argument next this morning in case zero nine five eighty one, Floor S VR versus United States. Mr. Hubacek.

Unknown 0:10

Mr Chief Justice, and may it please the court. In Wynn, the court approved the imposition of a legitimation requirement only upon fathers of non marital children born abroad. That was based on biological differences between men and women. It provided proof of parentage and proof of an opportunity to make a relationship with the child that adhered in birth as to the mother. But here, the residential requirements that are at issue here have no biological basis. They set up barriers to the transportation. transmission of citizenship by younger fathers but not younger mothers and they're based upon gender stereotypes that women, not men, would carry would care for nonmarital children. That scheme has been tried the Solicitor General has attempted to justify that scheme by claiming that Congress was concerned about statelessness, but the record doesn't support that claim.

Unknown 0:58

Both the the nineteen thirty five law review article what What separates a stereotype from a reality? D d d do you say it i it is not true? that if there is a legitimate illegitimate child it is Much more likely. that the woman will end up caring for it and that the father will? What I'm saying. I I think it is more likely, but I think that empirical evidence has not carried the day in gender discrimination cases. In all the cases it it is true in general. But there are people who don't fit the mould. That that's so a stereotype Is it true for maybe the majority of cases. It just means that you say This is the way women are, this is the way men are. Absolutely. And this is actually beyond just an empirical stereotype.

Unknown 1:54

The the at the congressional hearings it was said that the woman is the sole legal parent of this child, totally excluding the man, which is basically dates back to the notion of coverture where men were completely out of the picture and and women were the ones who were responsible. So in addition to the fact that that the empirical portion of it, there's also just the notion that the legal

Samuel A. Alito 2:19

said uh in relation to the the principle that only that that where paternity was not established the the child would be regarded as having the citizenship of the mother under the law of virtually every country, if not every country at that time.

Unknown 2:35

Well, uh under the law of many countries uh that the citizenship did go through the mother. But with respect to legitimation and this statute, Congress drew a distinction between all um all parents of excuse me, all fathers of nonmarital children and those who legitimate. This statute applies only to those who legitimate. The very sta the very law review article that Congress relied upon, according to this General says that in the case of legitimation, citizenship goes through the father. So the bottom line is that The the very scheme the very article that they relied upon said that in one instance it goes through the mother, but in the instance of the people who are actually affected by this statute, those who legitimate it goes through the father.

Unknown 3:17

And there are also a number of uh situations under which mothers But until

Samuel A. Alito 3:21

there's legitimation, it goes through the mother. It went through the mother in un under the law of virtually every country, right?

Unknown 3:27

I I'd respectfully disagree. Um at the time, 1940, when the statute was passed, there were a number of situations where it wouldn't go through the mother. In China and Japan, if the father was merely known, it would not go through the mother. There were three dozen countries at this time, including the English countries and then those who followed its law, in which if if their female citizen gave birth to a child somewhere other than in their country, citizenship would not. travel through that that um mother because of the the laws of those particular countries. There are also stateless women. So in all of those situations the the citizenship would not go through the mother. It would have to go through the father and this statutory scheme doesn't in any way provide for that.