“Instead, Barack Sr met Barack Jr's mother, Ann, in Honolulu. She was an 18-year-old fellow student from Kansas and within months they were united in what appears to have been a bigamist marriage.”
Danamco asks:
“Does that interfere with the blood coming from Obama Sr???”
The BNA of 1948 explicitly excludes illegitimate children from receiving UK citizenship by blood.
From BNA of 1948:
“(2) Subject to the provisions of section twenty-three of this Act, any reference in this Act to a child shall be construed as a reference to a legitimate child; and the expressions “father”, “ancestor” and “descended” shall be construed accordingly.”
http://www.uniset.ca/naty/BNA1948.htm
It seems likely that only a UK court could determine whether Obama’s parent's marriage was bigamous under UK/Kenya colonial law and whether Obama is therefore illegitimate and thus not a UK citizen when born. But perhaps a US court could take evidence and rule on allegations that the HI marriage was bigamous.
Then SCOTUS would have to determine whether Obama, as the son of an unknowingly single mother, received unitary US citizenship from her and then separately decide whether lack of dual citizenship qualified Obama to be NBC or whether two US citizen parents are required to be NBC.
I have no idea whether SCOTUS would judge the NBC status of an illegitimate child acknowledged by a UK subject father vs. a child of an unknown father. I suspect they would say there was no difference but others disagree. Until SCOTUS rules on such a case, we can only guess.
Obama is the only party that I see having an interest in proving that he, himself, is illegitimate. This is on the assumption that this would be the only way he could be deemed NBC because of his UK subject father in a pending court proceeding (assuming a single US citizen mother on US soil is sufficient for NBC.
No such proceeding is on the horizon unless Lakin’s court martial or Donofrio’s quo warranto get traction. Note that 40% of US citizens are born to single mothers. If two US citizen parents were to be ruled by SCOTUS as a requirement to be POTUS instead of simple unitary US citizenship, that would be a political nightmare.
But even children born to single mothers usually have a father listed on the birth certificate. Probably only a small percentage list “unknown”.
NBC doesn’t mean that the parents have to be legally married. AFAIK.
If it says two citizen parents then it should remain two citizen parents until such time as it is amended. It also wouldn't be a bad thing to stick to it (founding fathers aside) because maybe a few of those unwed mothers would think twice about bringing little junior into the world without a legal daddy.