III 

113TH CONGRESS 

2D SESSION S. RES. 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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2014 

Mr. FRANKEN (for himself and Mr. JOHNSON of Wisconsin) submitted the 

following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

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. 

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; 


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•SRES 402 IS 

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; 


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•SRES 402 IS 

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 

1 Resolved, That the Senate— 

2 (1) acknowledges that section 3 of the Expa3 triation Act of 1907 (34 Stat. 1228) is incompatible 

4 with and antithetical to the core principle that all 

5 persons, regardless of gender, race, religion, or eth6 nicity, are created equal; 

7 (2) expresses sincere sympathy and regret to 

8 the descendants of individuals whose citizenship was 

9 revoked under section 3 of the Expatriation Act of 

10 1907, who suffered injustice, humiliation, and in11 equality, and who were deprived of constitutional 


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1 protections accorded to all citizens of the United 

2 States; and 

3 (3) reaffirms the commitment to preserving civil 

4 rights and constitutional protections for all people of 

5 the United States. 

Æ 


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