But the question is whether this was the law in 1961. Although I am not a lawyer, I have been paying a lot of attention to the Obama BC issues. I have probably learned enough reading about the issue to be a lawyer. I am not kidding. For instance, let me throw out a couple of legal phrases: ex post facto, for one. See, ex post facto prohibits the attack on his presidency to be brought by way of the BC issue. Why? Because it is “ex” meaning from, “post” meaning after, and “facto” meaning facto or short for factor and the root of that word is “fact” and if you add an “s” you get facts. In other words, after the facors or after the facts.
That is why the tricky DemocRATS made everyone vote for that Bill to declare that Hawaii was a state (once again) on the fiftieth anniversary of its OWN STATEHOOD AND THAT BARACK OBAMA WAS BORN THERE. I think if one goes back and examines that Bill, they just might see something fishy about it. It would not even surprise me if it were BACK DATED to predate the BC issues that have been raised. I have looked online and I can’t find it. If anyone has a link A VERIFIABLE LINK to it, please post same. Out.
Okay, can you please give me a citation or a link.
Let’s assume that is true.
You look to Federal law when determining matters of immigration. YOu need something that states that they will look back to state law on this matter.
They have an out of wedlock provision in the federal law. Is there a federal law that states the same...or that they will look back to State law for this particular matter.
What you really need is a case under the same circumstances to see for sure how INS would rule.
Here is some current law on children.
http://law.findlaw.com/state-laws/annulment-and-prohibited-marriage/hawaii/
Don’t know what it was back then but let’s just assume it was so.
Now, you have to find where immigration would view it the same way when it comes to citizenship.
In searching around on this over the past couple of weeks ..I didn’t see any case law about the US side of VOID MARRIAGES with children. That certainly doesn’t mean it isn’t there..I just didn’t see it while roaming around on the internet.
However, I did see how the UK would handle this if Obama was born in the US.
I have posted this from the UK Border Agency many times.
It talks about the Legitimacy act of 1976. It shows the way they think about the importance of VOID marriages and legitimacy.
Here it is
https://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1976/cukpga_19760031_en_1
S1 and S7 are the pertinent parts as per this discussion.
So if born in the UK ...Obama does not have UK citizenship UNLESS Ann went to Kenya and married Sr in a customary marriage...and even then it would be questionable under later law.
Now, maybe you can find something in the US law that addresses this same aspect if born in the UK.