Senators Introduce Bipartisan Resolution to Honor Thousands of Women Affected by Expatriation Act of 1907, Express Regret for Injustices

WASHINGTON, DC [03/28/14]—U.S. Sens. Al Franken (D-Minn.) and Ron Johnson (R-Wis.) have introduced a bipartisan resolution to bring attention to the women in Minnesota, Wisconsin, and across the country who, as a result of the Expatriation Act of 1907, had their citizenship stripped away after marrying a foreign national.

Congress repealed the Expatriation Act in 1940, but did not reinstate the rights of women hurt by the law, like Elsie Knutson Moren. Elsie was born in Skibo Township in Minnesota’s Iron Range, and had her citizenship stripped in 1914 after marrying Carl Moren, a legal immigrant from Sweden. When women gained the right to vote in 1920, Elsie did not. She passed away in 1926 due to childbirth complications, never having regained her rights despite living her entire life in Minnesota.

Theresa Schwan, who was born in Stillwater, Minnesota, also had her citizenship revoked when she married a legal immigrant from Germany. Theresa and her husband worked on a family farm near Osceola, Wisconsin, for the rest of their lives, but Theresa was stateless and without a nationality.

“What happened to Elsie Moren and numerous other women was wrong and should never happen again,” said Sen. Franken. “The Expatriation Act left thousands like Elsie without citizenship, without voting rights, and without a country. Our resolution won’t scrub history, but it will bring attention to the injustice that these women faced.”

“I am happy to introduce this Sense of the Senate with Senator Franken disapproving the 1907 Expatriation Act and ensuring that similar bills will not be passed in the future,” said Sen. Johnson.  “Too many women saw their citizenship revoked due to this Act, which stripped American women of their citizenship if they married a foreign man.  Specifically, this issue was brought to my attention by a constituent who learned his grandmother lost her citizenship because she married a German immigrant, despite working on a family farm near Osceola, Wisconsin all her life.  U.S. Citizenship means full participation in this incredible experiment in human freedom that is America.  Something so coveted should never be taken away so frivolously, and this Sense of the Senate ensures that it never will again.”  

“Bob Dylan once sang that ‘Justice is a slow train coming,’” said Daniel Swalm, Elsie Moren’s grandson. “How true. The Justice Train for Grandma Elsie and her Sisters left 107 years ago and is now, finally, pulling into the station. On behalf of all of Grandma Elsie’s grandchildren and great-grandchildren alive today witnessing justice finally being done, I want to thank Senator Franken and Senator Johnson for their efforts in righting this century-old wrong.”

You can read the full text of the resolution below and view a copy of the resolution here.

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;

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;

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

Resolved, That the Senate—

(1) acknowledges that section 3 of the Expatriation Act of 1907 (34 Stat. 1228) is incompatible with and antithetical to the core principle that all persons, regardless of gender, race, religion, or ethnicity, are created equal;

(2) expresses sincere sympathy and regret to the descendants of individuals whose citizenship was revoked under section 3 of the Expatriation Act of 1907, who suffered injustice, humiliation, and inequality, and who were deprived of constitutional protections accorded to all citizens of the United States; and

(3) reaffirms the commitment to preserving civil rights and constitutional protections for all people of the United States.

Contact:

Michael Dale-Stein (Franken): 202-224-2916

Melinda Whitemarsh Schnell (Johnson): 202-228-0071

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