Supreme Court of the United States
Tuan Anh Nguyen v. Immigration and Naturalization Service
June 11, 2001533 U.S. 53
Summary
The Court held that 8 U.S.C. § 1409(a) does not violate equal protection under the Due Process Clause of the Fifth Amendment. It applied intermediate scrutiny, concluding the requirement that unwed citizen fathers take specific steps before a child turns 18 is substantially related to important governmental objectives including verifying biological relationship and ensuring opportunity for parent-child bonding. Justice O'Connor dissented, arguing the Court failed to apply heightened scrutiny rigorously and overlooked sex-neutral alternatives.