[Congressional Record (Bound Edition), Volume 160 (2014), Part 4]
[Senate]
[Page 5059]
[From the U.S. Government Publishing Office, www.gpo.gov]




  SENATE RESOLUTION 402--EXPRESSING THE REGRET OF THE SENATE FOR THE 
 PASSAGE OF SECTION 3 OF THE EXPATRIATION ACT OF 1907 (34 STAT. 1228) 
THAT REVOKED THE UNITED STATES CITIZENSHIP OF WOMEN WHO MARRIED FOREIGN 
                               NATIONALS

  Mr. FRANKEN (for himself and Mr. Johnson of Wisconsin) submitted the 
following resolution; which was referred to the Committee on the 
Judiciary:

                              S. Res. 402

       Whereas throughout the history of the United States, women 
     have made and continue to make invaluable contributions to 
     society that strengthen the political, social, and economic 
     fabric of the Nation and improve the lives of countless 
     individuals;
       Whereas women in the United States have been and continue 
     to be leaders in promoting justice and equality during times 
     of great difficulty for the Nation;
       Whereas women in the United States have played a pivotal 
     role in ensuring freedom and security in the United States;
       Whereas section 3 of the Expatriation Act of 1907 (34 Stat. 
     1228) left thousands of women born in the United States, such 
     as Elsie Knutson Moren from Minnesota and Theresa Rosella 
     Schwan from Wisconsin, stateless and without a nationality 
     after marrying a foreign national;
       Whereas section 3 of the Expatriation Act of 1907 caused 
     thousands of United States women, such as Lorella Martorana 
     from Pennsylvania who lost her citizenship and was not able 
     to vouch for her husband during his naturalization 
     proceedings, and Lena Weide Demke from South Dakota who lost 
     her citizenship and was almost deported during World War I, 
     to have their loyalties questioned, face harassment, and be 
     subject to deportation for various legal infractions;
       Whereas section 3 of the Expatriation Act of 1907 affected 
     numerous women, such as Florence Bain Gual, a New York City 
     school teacher whose tenure was stripped after 15 years of 
     teaching because she married a foreign national, causing them 
     to face difficulties providing for their families because 
     they lost, or were not able to gain, public employment after 
     marrying a foreign national;
       Whereas section 3 of the Expatriation Act of 1907 prevented 
     women in the United States, such as Ethel MacKenzie from 
     California who was unable to register to vote because she 
     married a foreign national, from participating in the 
     political process and casting ballots in various elections;
       Whereas section 3 of the Expatriation Act of 1907 is 
     similar to discriminatory State laws that criminalized or 
     nullified marriages between individuals of different races;
       Whereas the revocation of citizenship restricted the 
     ability of numerous women in the United States to own houses 
     and real estate;
       Whereas an acknowledgment of the actions of the Senate that 
     have contributed to discrimination against women will not 
     erase the past, but will highlight the injustices of the 
     national experience and help build a better, stronger, and 
     more equal Nation; and
       Whereas the Senate recognizes the importance of addressing 
     the error of section 3 of the Expatriation Act of 1907 in 
     order to educate the public and future generations regarding 
     the impact of this law on women and to prevent a similar law 
     from being enacted in the future: Now, therefore, be it
       Resolved, That the Senate--
       (1) acknowledges that section 3 of the Expatriation Act of 
     1907 (34 Stat. 1228) is incompatible with and antithetical to 
     the core principle that all persons, regardless of gender, 
     race, religion, or ethnicity, are created equal;
       (2) expresses sincere sympathy and regret to the 
     descendants of individuals whose citizenship was revoked 
     under section 3 of the Expatriation Act of 1907, who suffered 
     injustice, humiliation, and inequality, and who were deprived 
     of constitutional protections accorded to all citizens of the 
     United States; and
       (3) reaffirms the commitment to preserving civil rights and 
     constitutional protections for all people of the United 
     States.

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