“NBC doesn’t mean that the parents have to be legally married. AFAIK.”
I don't pretend to know how SCOTUS would rule on this, but what we do know is that George Washington inserted the NBC clause immediately after the John Jay letter advising to protect against foreign influence.
A father of an illegitimate child cannot pass the most dangerous foreign influence of dual citizenship to the child even if he acknowledges the child and even if the father appears on the BC.
In Obama’s case the 1948 BNA explicitly excludes passing UK citizenship to illegitimate children (presumably of bigamous marriage) even if acknowledged on the BC.
The founders were explicit on the point that if the parents were married citizenship passed to the child from the father, and if unmarried then citizenship came only the mother.
Our society and attitudes have evolved extensively but there have been few amendments to the constitution and limited new case law. McCain, Obama, Jindal, Goldwater and George Romney all have presented NBC issues that SCOTUS has never addressed directly.
Thanks. Looks to me (you said something about this earlier) that what they’re really worried about is his birthplace. All the other is so murky. I remember reading that Michelle said something about his mother being “very young and very single”. I think they want her to be single due to the fact that he was born in Kenya. At least he’d be a citizen of some sort if that were the case. But with a legal divorce the waters are very cloudied.
Of course, the huge effort to hide all his other records including all his educational records (even kindergarten!!) make it clear that there is much disqualifying evidence.