You know she wasn't a student the winter semester--she dropped out of school at the end of the first semester. It isn't clear to me what happened to him. But that is certainly an issue to look at.
I haven't looked through all the posts since last night. But as to the Sec. 1409 issue, there is a clear record of the divorce, together with a recital of the pleadings of the grounds for divorce (a statutory version of the burdensome marriage). So there is a divorce case file somewhere and typically counsel recites the location of the marriage in the file. So we need to get the divorce file and read the papers there which may shed some light on the place of marriage.
Under the circumstances, they were not going to spend the money on hiring counsel to complete a divorce proceeding unless they were married.
I am told, but again have not researched the legal question, that a bigamous marriage is only voidable, not void--that is it takes a legal proceeding to dissolve it even if contracted illegally in the United States. So wherever they were married, Obama is not illegitimate offspring and does not appear to get under Sec. 1409.
Thus his citizenship still would need to come, either under Sec. 1401 which would require his citizen parent to have resided in the U S for five years prior to his birth and after such citizen parent reached age 14 or 16 which Ms. Dunham-Obama by definition did not, or because he was born in Hawaii of which as yet we have seen no real indication that he was.
I have a friend who is trying to get out of a lesbian marriage.
Part of the problem (and what is making her lawyer rich) is you can't get a divorce if you aren't legally married. She was. Then the law changed and she retroactively wasn't, except she legally still is, even though she wasn't and was...
“It isn’t clear to me what happened to him. “
Barck Sr continued in school at Univ of Hawaii until 1962.
I believe he got his undergrad degree there and then went on to Harvard (leaving Dunham and Barack Jr behind).
“But as to the Sec. 1409 issue, there is a clear record of the divorce, together with a recital of the pleadings of the grounds for divorce (a statutory version of the burdensome marriage). So there is a divorce case file somewhere and typically counsel recites the location of the marriage in the file. So we need to get the divorce file and read the papers there which may shed some light on the place of marriage.”
Yes. See previous posts. The divorce was filed in Honolulu and state the date and place of marriage as Feb 2, 1961 in Maui.
Since this was a secretive weeding with no guests invited (think, shotgun wedding as she was 3 months pregnant).
“Under the circumstances, they were not going to spend the money on hiring counsel to complete a divorce proceeding unless they were married.” Correct. So this closes the door definitively on the ‘there was no marriage’ theory.
“Thus his citizenship still would need to come, either under Sec. 1401 which would require his citizen parent to have resided in the U S for five years prior to his birth and after such citizen parent reached age 14 or 16 which Ms. Dunham-Obama by definition did not, or because he was born in Hawaii of which as yet we have seen no real indication that he was.”
You are misreading the 1952 law imho, there is a residency requirement for the parent, which is more than fully met by the fact that Stanley Ann Dunham lived her whole life in the United States up until the birth of Barack Obama Jr.
Raycpa quote the law in a previous post, and it required 3 of the 5 years to be after age 14. She met the requirement.
The 1934 and 1952 laws give citizenship at birth to children of U.S. citizen mothers.
As I said earlier, it is 100% certain that both Barack Obama and John McCain meet the eligibility requirements to be President.