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Less-than-whole citizens, sometimes referred to as "fragmented citizens"^[1][2] refers to the social and legal status of citizens of a sovereign country that face discrimination on a level above second-class citizenship and below full and equal citizenship.^[1] While second-class citizenry restricts the freedom of language, religion, education, and property ownership, "less-than-whole citizens" are limited in that they have restricted civil or military service opportunities, limitations on freedom of movement and association, marriage, gender identity, and expression.^[1][3] The term was developed by political scientist Stephen Engel in an effort to explain the partiality of political change, he described it as membership in a social/racial/ethnic group "not having full legal protections against workplace, housing, family, and other kinds of discrimination."^[1] Less-than-whole citizenship, as a term, can be used to distinguish nationality from citizenship and also to establish restrictions on rights of inheritance of nationality of children from parents (as was the case of Italy for mothers).

The term is in contrast to Cornell Law professor Michael Dorf's designation of these types of citizenships as also "second class" in his text, however, he also uses the 2015 Obergefell v. Hodges Supreme Court case and the civil rights of the LGBTQ community to illustrate a compartmentalization of citizenry.^[4]

Examples

• The legal status of gay and lesbians in the United States, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands.^[1][4] Since June 26, 2003, sexual activity between consenting adults of the same sex as well as same-sex adolescents of a close age has been legal nationwide, pursuant to the U.S. Supreme Court ruling in Lawrence v. Texas. As of June 26, 2015, all states license and recognize marriage between same-sex couples on account of the Supreme Court decision in Obergefell v. Hodges. However, the United States has no federal law outlawing discrimination nationwide, leaving residents in some states without protection from discrimination, other than from federal executive orders which have a more limited scope than from protections through federal legislation. There is no federal statute addressing employment discrimination based on sexual orientation or gender identity. Protections at the national level are limited. Some regulations protect government employees but do not extend their protections to the private sector. Twenty-two states, the District of Columbia, Puerto Rico, and over 140 cities and counties have enacted bans on discrimination based on sexual orientation and/or sexual identity.^[5]
  


• The treatment of third-generation Aboriginal peoples in Canada.^[6][7][8] From the late 18th century, European Canadians (and the Canadian government) encouraged assimilation of Aboriginal culture into what was referred to as "Canadian culture".^[9][10] These attempts reached a climax in the late 19th and early 20th centuries, with a series of initiatives that aimed at complete integration of the Aboriginal peoples. These policies, which were made possible by legislation such as the Gradual Civilization Act^[11] and the Indian Act,^[12] focused on European ideals of Christianity, sedentary living, agriculture, and education.


• Status of women in patriarchies,^[13][14][15] and the status of men in matriarchies.^[16][17][18]
  


• Some countries, although recognising dual-citizenship, may limit citizens with foreign citizenship or foreign residency to stand for public office or join the military.


• Some countries bar naturalized citizens from holding certain public offices such as President of the United States.


• Situations in which a man or a woman may lose his/her nationality by marrying a foreign national.


• Restrictions on mother or father passing on nationality through descent to children regardless of the parents' marital status (legitimacy).

See also

• Blacklisting


• Involuntary unemployment


• Loss of rights due to felony conviction


• Second-class citizens

Further reading

• Engel, Stephen M. "Fragmented Citizens: The Changing Landscape of Lesbian and Gay Lives." New York: New York University Press. 2016


• Dorf, Michael C. "Same-Sex Marriage, Second Class Citizenship, and Law School's Meaning." Virginia Law Review. 2011.

References