The automatic naturalization of women and its implications for the 1948 cases Italian citizenship cases

This article explains how the automatic naturalization of Italian women affected the transmission of citizenship to their descendants and how legal changes have opened opportunities to claim it through the so-called "1948 cases."

Initially, the 1912 Italian citizenship law established that only men could transmit Italian citizenship to their children. The children of male Italian citizens obtained it automatically, while those born to Italian women were not considered citizens. This gender-based discrimination was corrected with the 1948 Italian Constitution, which recognized women's right to pass on citizenship, but only for children born on or after January 1, 1948. As a result, those descending from an Italian woman who gave birth before that date cannot apply for citizenship through the consular route and must instead pursue a judicial process, known as a "1948 case," to assert their right.

A key factor in these cases is the automatic naturalization of Italian women abroad, particularly in the United States. The 1907 Expatriation Act established that women who married U.S. citizens automatically acquired their husband's nationality without the need for a formal process, which resulted in the involuntary loss of their Italian citizenship. Additionally, if an Italian man became a naturalized U.S. citizen, his wife also acquired American citizenship automatically, without her explicit consent. The Cable Act of 1922 changed this, allowing women to retain their original citizenship and apply for U.S. citizenship independently. However, many Italian women who had been involuntarily naturalized before this law lost their right to pass on Italian citizenship to their children.

In 2009, the Supreme Court of Italy ruled that the principles of gender equality enshrined in the 1948 Constitution should be applied retroactively. It was established that Italian women who lost their citizenship involuntarily and automatically through marriage should have retained it, and therefore, their descendants could claim it. This ruling enabled more people with Italian female ancestors affected by automatic naturalization to file lawsuits to recover their right to Italian citizenship.

In conclusion, although Italian women historically faced restrictions in passing on their citizenship, legal changes and court rulings have allowed their descendants to claim this right. Thanks to the retroactive recognition established in 2009, many individuals can now initiate legal proceedings to obtain Italian citizenship through a female ancestor affected by automatic naturalization. This has benefited—and continues to benefit—many applicants, such as those whose female ancestors emigrated to the United States and now wish to apply for Italian citizenship to obtain an Italian passport.

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The content of this article is intended to provide general guidance on the topic. It is necessary to seek specialized advice regarding your specific situation.