The question here then is, if this marriage was a LEGAL, or a "tribal" marriage, hmmmm???
My understanding is that tribal marriages are in fact legal in Kenya and prevent subsequent marriages from being legal:
See Kenya Marriage Act of 1902 paragraph #49:
49. Whoever contracts a marriage under this Act, being at the time married in accordance with native law or custom or in accordance with Mohammedan law to any person other than the person with whom such marriage is contracted, shall be guilty of an offence and liable to imprisonment for a term not exceeding five years.
My opinion is that folks who assert a conclusion that Obama is a dual citizen are overstating certainty that the BNA of 1948 would make Obama II a UK subject. The 1948 BNA explicitly excludes illegitimate children from becoming UK subjects automatically through their UK fathers at birth.
Obama has thrown anyone and anything “under the bus” that stood in his way, and I have no doubt that any embarrassment over declaring himself to be the child of a bigamous marriage would hold him back if it would save his eligibility when he already put out the likelihood that he was the bastard child of two unmarried people in Dreams.
I greatly value and agree (as a non-lawyer) with Leo D’Onofrio’s exploration of the original meaning of “natural born citizen” and I hope he gets a chance to obtain a SCOTUS ruling in line with his conclusions (5-4 of course, like Heller). But D'Onofrio's analysis fails if the 1948 BNA doesn't actually make Obamaa a UK subject and dual citizen as a result of bigamy.
Would SCOTUS invalidate Obama's presidency simply because Obama's father was a bigamous non-citizen, even if it was determined that Obama's citizenship was solely US from his legally single mother with no UK citizenship, no legal dual sovereignty that the founding father's were concerned with? I doubt it.
What is most critical is that D’Onofrio’s “best evidence” discovery of Obama’s HI so-called NBC vital records will open the possibility of a foreign (Kenya) birth. Given Obama’s mother's age Obama wouldn't even be a citizen. If a foreign (Kenya) birth is proved, I believe SCOTUS would affirm Obama's ineligibility 9-0, despite grousing by Ginsberg.