Wednesday, June 2, 2021

Ethel's Citizenship

There was a period in U.S. history that if a natural born U.S. woman married a foreign man, she lost her U.S. citizenship. 

It's true!

Starting on March 2, 1907, an American woman, by birth or naturalization, lost her citizenship when she married an alien. She thereby took on his nationality. She could regain her U.S. citizenship if and when her husband naturalized. His naturalization required a total of 5 years residency in the U.S. including 1 year of residency in the state of application and 2 years between his declaration of intent to naturalize and the submission of his naturalization petition.

On September 22, 1922 the Cable Act was passed. This Act made it so that women could no longer be naturalized through derivative citizenship; meaning that she herself had to apply for her own citizenship. She didn't just get it automatically when her alien husband naturalized. 

It also made it so women no longer lost their U.S. citizenship just because she married an alien. However, the women who had previously lost their citizenship due to marrying an alien were only made eligible to naturalized. They didn't just get it back. They had to go through the process of applying for citizenship.

On June 25, 1936, it changed again so that women who were native born U.S. citizens that lost their citizenship due to marriage an foreign man prior to September 22, 1922 could be considered a citizen again if she took the oath of allegiance AND her marriage was terminated by either death or divorce of her spouse. So in other words, she could be come a citizen on her own as long as that guy wasn't her husband anymore.

It wasn't until July 2, 1940 that those women who lost their citizenship through marriage between 1907 and 1922 could be considered a citizen again. She still had to take the oath of allegiance, but it didn't matter if her husband was dead or alive anymore, she could do it on her own. The one caveat being that she had to resided in U.S. for the duration of the marriage.

So that brings me to my great grandmother, Ethel Mae Losee-Earle. Ethel was born on St. Valentine's Day, 1896 in Freeport, Long Island, New York, where 8 previous generations had all been born after her 7th great grandfather, Edward Raynor settled the area in the mid 1600s.

By all accounts, Ethel never left Long Island. Maybe she ventured into Manhattan or up to New England for some excursion but she never traveled abroad. 

On June 5, 1915, she married Abram Thomas Earle in Freeport. Abram was born in Twillingate, Newfoundland which at the time of his birth was a British colony. Newfoundland only became a province of Canada on March 31, 1949. So when Ethel married Abe, she too became a British citizen. She had never been there. Never planned to even visit. Yet, she was no longer an American.

Now maybe in 1915 that didn't seem like a big deal but I wonder how she felt in 1920 when American women were finally able to vote and she couldn't.

Until very recently I had no reason to believe Abe had ever naturalized. I believed wholeheartedly that he had died a British citizen. Although, I don't know what becomes of your citizenship status when your place of birth changes its status like Newfoundland did by joining Canada in 1949. When Abe died in 1973 would he have been considered British or Canadian?

Ugh, well I don't have to answer that because, lookie here:

Abe naturalized on January 10, 1925, before my grandfather Ed was born in August of that year.

And guess what - - So did Ethel.

I was so happy to see her Certificate of Naturalization. I find the whole business of one loosing her citizenship so shameful. As if marrying someone outside of your national origin is a sign of disloyalty to your nation.

Love is love, people.

2 comments:

  1. I have the same situation with my paternal grandmother, who married a man born in Ontario, Canada in 1909. She never left the US, but lost her citizenship. She and her husband later filed for naturalization and I was glad to have those documents.

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    Replies
    1. I am glad she was able to be naturalized. Such a horrible law. People today really do t appreciate the struggles woman have gone through.

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