What's at issue is whether or not Obama's British citizenship was passed to him by his father. This ONLY applies if his father was legally married at the time of his birth. If not, then that creates problems for the British citizenship issue.
Correct me if I am mistaken but I believe that view is based on your thinking that he was born in Hawaii; that he would then flunk the "natural born" test because he was subject to another sovereign as a result of his father's citizenship in the British Empire.
See I see the volume of evidence, as being in favor of the proposition that he was born in Coast Hospital outside Mombasa in Kenya. Thus I believe he is ineligible because I don't think you can be a Natural Born citizen if you were born in another country, even if, under US Citizenship law, you became a US Citizen as you came down the shute, for the reason that you were a subject of the sovereign of the geographical location where you were born.
There is a marriage issue under the US Citizenship statutes which the Obama's intended to rely on at one point--if the parents weren't married, there is a questionable statute which might tend to give him US Citizenship under his mother. My comments on marriage were to address that issue--I think no doubt that for purposes of the citizenship statute, the marriage, even if only a common law marriage, would constitutue "wedlock".
I also think, and I believe the Obama's agree, that the particular citizenship statute is probably unconstitutional because it turns the child's citizenship rights on the gender of the parent that was the US Citizen--different rights for the child of a U S Citizen mother than a US Citizen father.
I don't know what English Common Law is on the issue of marriages that didn't qualify as statutory civil marriages but it wouldn't surprise me if the law was the same as it is in the US. It further wouldn't surprise me if it turned out that they were in fact married in Kenya--the people who went to Kenya and ostensibly turned up his actual birth recording in Mombasa district never did any investigation on the question of the marriage because they really hadn't thought the issue of location through.
But, I also think we do not agree on the probability as to where he was in fact born.