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20 CUNY L. Rev. Footnote Forum 1 (2016-2017)

handle is hein.journals/cunyform20 and id is 1 raw text is: CUNY Law Review Footnote Forum November 3, 2016 Recommended citation: Janet Calvo, Morales-Santana Before the U.S. Supreme Court. Gender Discrimination in Derivative Citizenship with Consequences for Gender Equity, Parental Responsibility and Children's Well Being, 20 CUNY L. REV. F. 1 (2016), http://www.cunylawreview.org/scotus-lynch-morales-santana/ [https://perma.cc/R3 J3- PQQB]. MORALES-SANTANA BEFORE THE U.S. SUPREME COURT: GENDER DISCRIMINATION IN DERIVATIVE CITIZENSHIP WITH CONSEQUENCES FOR GENDER EQUITY, PARENTAL RESPONSIBILITY AND CHILDREN'S WELL BEING Professor Janet Calvo' On November 9, 2016, the U.S. Supreme Court will hear arguments in Lynch v. Morales-Santana.2 The case directly addresses the constitutionality of gender differences in the acquisition of U.S. citizenship by statute through parentage . But the case is infused with issues about the historical record of discrimination based in gender, non-marital birth, race and imperialism in U.S. law. The outcome of the case will be legally and socially significant because of the standards the Court may apply to gender discrimination and to a remedy for discrimination in the context of citizenship and because of the societal message sent regarding parental responsibility for non-marital children grounded in gender stereotypes. Specifically, the case involves the statutory difference in acquiring U.S. citizenship at birth outside of the U.S. through an out of wedlock citizen 1 Thanks for assistance on this article to the staff of The City University of New York Law Review and to my colleagues, Professors Ruthann Robson and Natalie Gomez-Velez. 2 Docket for No. 15-1191 (Lynch v. Morales-Santana), SUPREME COURT OF THE UNITED STATES, https://www.supremecourt.gov/search.aspx?filename=/docketfiles/15- 1191.htm (last visited Oct. 15, 2016) [https://perma.cc/GH2V-ASB2]. 3 Question Presented at 1, Lynch v. Morales-Santana (No. 15-1191), SUPREME COURT OF THE UNITED STATES (June 28, 2016), https://www.supremecourt.gov/qp/15-0119lqp.pdf [https://perma.cc/KGG6-9RCH]; Morales-Santana v. Lynch, 804 F.3d 520 (2d Cir. 2015), cert. granted, 136 S. Ct. 2545 (U.S. June 28, 2016) (No. 15-1191).

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