Ethel C. Mackenzie

Ethel C. Mackenzie (March 12, 1885 - April 4 1959) was a California born white suffragist, who was affected by the Expatriation Act. Ethel Mackenzie was not permitted to register to vote since she was married to a Scottish National.  Mackenzie would then challenge the law, being the first to bring it up to the United States Supreme Court in 1915 MacKenzie v. Hare. In that case Ethel Mackenzie argues that it is unconstitutional for the government to revoke citizenship since the 14th amendment to the United States Constitution states, all born in the United States are Citizens of the country. However the Supreme Court would dismiss the suit do to lack of standing and that the government had given ample notice of the law and that women who chose to marry a foreign national were voluntarily giving up their citizenship. 

Worth noting that in 1911 Ethel became involved in the womens suffrage movement in San Francisco, California. The Same year when California voted to give women the right to vote on October 10, 1911. 

www.nps.gov. “Ethel C. Mackenzie (U.S. National Park Service).” Accessed October 23, 2023. https://www.nps.gov/people/ethel-c-mackenzie.htm.

Why did the United States struggle to establish who is a citizen and who is not, only with women?

Why did the United States rescinding of the Expatriation law not apply to Asians?

The Supreme Court sided with the status quo and not fully enforce the 14th Amendment. 

How many women avoided marriage in order to not lose citizenship?

How severely did this affect women across the country?

The following object description information includes basic elements from the Dublin Core Metadata Initiative (DCMI).  An additional notes field is included to list dates from the actual letter, envelope postmark locations, and any other identifying details. 

• Contributing Institution - Piedmont Historical Preservation Society
• Collection Name - Margaret Payne Collection
• Language - English
• Rights - Copyright held by the Piedmont Historical Preservation Society; no reproduction without written consent from the Piedmont Historical Preservation Society.
• Notes – Handwritten letter dated June 13, 1907. one page. Includes envelope, postmarked January 14, 1907, 12AM, from Mary Richardson Peden , Piedmont, SC.

March 2nd, 1907

The United States Congress passes the Expatriation Act.

This act was designed to address some outstanding citizenship issues such as 

• Temporary passports for aliens who had declared their intention to become United States Citizens and already lived in the country for 3 or more years. 
• Grounds for losing citizenship if living in another country or pledging allegiance to another country.  
• Grounds for citizenship for children born abroad but both parents are United States Citizens. 
• Status of citizenship for married women

The last provision is highly noteworthy as it states that women are to assume the citizenship of their spouse. Meaning women who are born  United States Citizens would lose their citizenship if they married a non-citizen immigrant man. This would have far reaching negative impacts for these women as it would bar them from certain jobs and make them vulnerable to detention and deportation. 

The actual provision reads  

"SEC. 3. That any American woman who marries a foreigner shall take the nationality of her husband. At the termination of the marital relation she may resume her American citizenship if abroad, by registering as an American citizen within one year with a consul of the United States, or by returning to reside in the United States, or, if residing in the United States at the termination of the marital relation, by continuing to reside therein."

The Act would have the hardest impact on Asian American women, since even after its repeal in 1922 when women earned the right to vote, The Cable Act, still left the provision active for Asian American women who were married to an Asian non-us citizen man. However that provision would be abolished in 1931.

Hacker, Meg. 2014. “When Saying " I Do " Meant Giving up Your U.S. CITIZENSHIP.” https://www.archives.gov/files/publications/prologue/2014/spring/citizenship.pdf.

“Expatriation Act of 1907.” n.d. Immigration History. https://immigrationhistory.org/item/an-act-in-reference-to-the-expatriation-of-citizens-and-their-protection-abroad/.

The Expatriation law is the product of many unclear parts of us citizenship. One of the most notable Citizenship problems arose when the daughter of President Grant married an Englishman and went of to live with him. Under British law she had gained citizenship but under the Act of 1868, by establishing residency outside the country, she had relinquished her American citizenship. However no American law explained what if they were married to a foreign national. The Presidents daughter would later petition congress for her United States Citizenship back, and it was approved.

“Nellie Grant.” 2013. History of American Women. April 5, 2013. https://www.womenhistoryblog.com/2013/04/nellie-grant.html.