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Thursday, May 08, 2025
Pope Leo XIV and Diversity Jurisdiction (Updated)
Must the new Pope renounce his US citizenship, as he is now head of a foreign sovereign? Or can we replace Elizabeth Taylor and Kevin Spacey (whom current students do not recognize) for hypotheticals about diversity jurisdiction with US citizens domiciled overseas?
Update: Under 8 U.S.C. § 1481(a)(4), serving in a position in a foreign government can be an expatriating act if the position requires the person to adopt the nationality of the foreign state or to take an oath, affirmation, or declaration of allegiance. According to a State Department explainer, it requires an intent to expatriate and the Department will inquire into that intent when the position is head of state or head of government. The Foreign Affairs Manual states that "[h]olding a head-of-state, head-of-government, or foreign-minister position may be incompatible with maintaining U.S. citizenship, although the issue has not been expressly decided by the Department." Apparently Golda Meir did not relinquish her citizenship when she became Prime Minister of Israel, although a reader tells me that Israel required recent Americans to relinquish US citizenship before taking government positions).
Update on the Update: The Religious News Service reports that Leo has retained his Illinois residence and voting registration, although he lived in Peru beginning in 2014 and the Vatican since 2023. For diversity purposes, this would present a fun question whether he affected a change of domicile (demonstrated an intent to remain in his new residence). Voting is a big indicator of domicile, weighed against the fact that the Vatican is going to be Leo's new "community." Fun stuff.
Posted by Howard Wasserman on May 8, 2025 at 02:32 PM in Civil Procedure, Howard Wasserman | Permalink
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