56
Opinion of the Court
(d) Because the statute satisfies the equal protection scrutiny applied to gender-based qualifications, this Court need not consider whether it can confer citizenship on terms other than those specified by Congress or assess the implications of statements in earlier cases regarding the wide deference afforded to Congress in exercising its immigration and naturalization power. Pp. 71-73.
208 F. 3d 528, affirmed.
Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, and Thomas, JJ., joined. Scalia, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 73. O'Connor, J., filed a dissenting opinion, in which Souter, Ginsburg, and Breyer, JJ., joined, post, p. 74.
Martha F. Davis argued the cause for petitioners. With her on the briefs were Nancy A. Falgout, Steven R. Shapiro, Lucas Guttentag, Julie Goldscheid, and Sherry J. Leiwant.
Deputy Solicitor General Kneedler argued the cause for respondent. With him on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Austin C. Schlick, Michael Jay Singer, and John S. Koppel.*
Justice Kennedy delivered the opinion of the Court.
This case presents a question not resolved by a majority of the Court in a case before us three Terms ago. See Miller v. Albright, 523 U. S. 420 (1998). Title 8 U. S. C. § 1409 governs the acquisition of United States citizenship by persons born to one United States citizen parent and one noncitizen parent when the parents are unmarried and the child is born outside of the United States or its possessions. The statute imposes different requirements for the child's acquisition of citizenship depending upon whether the citizen parent is
*Briefs of amici curiae urging reversal were filed for Equality Now et al. by Ogden Northrup Lewis and Jessica Neuwirth; and for the National Women's Law Center et al. by Nancy Duff Campbell, Joan Entmacher, Dina R. Lassow, and Nancy L. Perkins.
Moses Silverman and Kenneth Kimerling filed a brief for the Asian American Legal Defense and Education Fund, Inc., as amicus curiae.
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