We agree that he is a citizen, regardless of the location of his birth.
No, I don't think he is a citizen at all if he was born in Kenya. I remain skeptical about the operation of Sec. 1401 with respect to illegitimate children but even if RayCPA's analysis as set forth in Henry K. Chang's opinion is correct, I have heard from several divorce lawyers, one of whom is doing research to confirm his view, that any kind of marriage makes Obama legitimate and out of Sec. 1401, even one that does not comply with local law for other reasons.
In a Common Law jurisdiction, you can see the policy arguments that support that kind of rule.
You if you, a lawyer ‘skilled in the art’ and with abundant time to dispassionately think it over, believe that a birth in Kenya would deny Barak American citizenship, what must Stanley Ann have thought?
Finding out her groom was already married must have been a bit of a shock...