The Naturalization Bureau and the courts have done all they can under existing law to bring to bear upon the foreign-born woman who will be made a citizen by the naturalization of her husband the influences tending to awaken in her a sense of her opportunity, privileges, and obligations. Strictly speaking, the court has no lawful right to summon a woman from her domestic duties to be a party to her husband’s naturalization. The spirit of the law of substantially all countries from time immemorial has been to regard the citizenship of a woman as merely incidental to that of her husband. There was little or no necessity or reason for her to play any part in the business as an individual. She became American with her man, just as his goods and chattels did. No political activity or responsibility on her part was implied. And she, if she were an American by birth, or a widow Americanized by the citizenship of her deceased husband, would lose her citizenship instanter upon her marriage with an alien here or elsewhere.
WOMAN SUFFRAGE OPENS A NEW ERA
Woman suffrage entirely alters the situation. Now she becomes, at least potentially, a political factor in her own right as an individual. No longer may her fitness, or her probable action as a voter, be in any way assumed from that of her husband. He becomes a citizen by a process presumed to search out his qualifications, and after preparation designed to perfect them. The law has provided hitherto no process by which hers may be adequately ascertained. Yet her vote, her political action in any respect, may aggravate the evil embodied in his by duplicating it; may cancel all the public benefit embodied in his by her opposing action.
Whatever may have been said in the past, it is hard to find any argument adequate on the whole for continuing this antediluvian principle and process. Every adult individual should come into or stay out of voting rights on his own merits, and not otherwise. It may well be argued that even minors as young as sixteen years should not come into citizenship by the act of their parents, so far as concerns their becoming voters at twenty-one, without act of their own.
The voice of naturalizing judges all over the country, who have expressed themselves on this subject, is preponderantly in favor of a radical change in policy. The Naturalization Bureau does not go so far, but stresses what it regards as the need of an educational test of the wife as a condition precedent to the naturalization of the husband. In his report for year ending June 30, 1919, to the Commissioner of Naturalization, Mr. Crist says:
It would seem to be advisable to have some restrictive measure provided in the admission to citizenship that would condition the admission of a married man to the responsibilities of citizenship upon the qualifying of his wife.... Since the local educational authorities are both willing and anxious to afford these women, as well as their husbands, every educational facility and opportunity, a requirement of an educational nature would not seem to be unjust.
This would be pretty drastic, and almost put the husband in the same position that the wife is in now—making his citizenship dependent upon her fitness! The trouble is not that the wives of the naturalized males are ignorant or unfit, but that they are automatically made into voters regardless of their fitness. Why penalize the man? Why not devise a way of enfranchising him, if fit, while withholding the ballot from her, if unfit?
OPINIONS OF NATURALIZING JUDGES
The judges see it more directly. The Americanization Study addressed a questionnaire to all of the naturalizing judges, containing two questions on this subject:
First—Would you favor legislation to permit the naturalization of a married woman in her own name, if personally acceptable, regardless of the alienage of her husband, or his failure to obtain or refusal to seek naturalization?