The ascension of Pope Leo XIV to the helm of the Catholic Church, as the first U.S.-born leader, has placed him in a unique and legally intricate position
Born Robert Prevost in Chicago in 1955, the Pope now finds himself in the dual role of an American citizen and a foreign head of state. Over the past decade, Leo has held dual citizenship in the U.S. and Peru, where he served as a missionary and bishop.
As the Pope, he is the leader of both the Holy See, the governing body of the Catholic Church, and Vatican City, an independent state. This raises the question: Can the Pope maintain his U.S. citizenship while leading a foreign government?
According to The Associated Press, Pope Leo's citizenship status is a complex issue. Besides being the spiritual guide for approximately 1.4 billion Catholics worldwide, Leo is also the leader of the world's smallest recognized nation. Vatican City, with a population of a few hundred people, spans just 0.17 square miles (0.44 square kilometers). It gained independence in 1929 following a treaty between Italy and the Holy See.
The U.S. State Department does not automatically revoke the U.S. citizenship of Americans working for foreign governments. However, it may "actively review" the citizenship status of Americans who serve as a foreign head of state, foreign head of government, or foreign minister.
The State Department's policy states, "Such cases raise complex questions of international law, including issues related to the level of immunity from U.S. jurisdiction that the person so serving may be afforded." The State Department, however, declined to comment on the Pope's status, stating that it does not discuss individuals' citizenship.
Peter Spiro, a Temple University law professor and an expert on citizenship law, explains that the core issue is whether foreign leaders should retain American citizenship when they also enjoy broad immunity from U.S. laws. This immunity conflicts with the constitutional principle that no U.S. citizen should be above the law.
However, the U.S. Supreme Court ruled in a 1980 decision that Americans cannot be stripped of their citizenship unless they intentionally renounce it. Spiro said, The State Department never assumes that you intend to lose your citizenship unless you specifically say so through the renunciation process. He believes it would be challenging to argue that Leo, by becoming Pope, demonstrated an intent to renounce his U.S. citizenship. I think its highly unlikely that the U.S. moves to terminate the Popes citizenship, Spiro added.
Peruvian law does not conflict with Pope Leo retaining his citizenship, according to Jorge Puch, deputy director of registry archives at Perus National Registry of Identification and Civil Status. Leo was granted Peruvian citizenship in August 2015, just before Pope Francis appointed him bishop of Chiclayo in the northern region of the South American country.
To qualify, he had to live in Peru for at least two years and pass a civics test. Puch said, It is the most praiseworthy thing our beloved supreme pontiff could have done: Wanting to have Peruvian nationality without having been Peruvian by birth.
All adult Peruvians, including naturalized citizens, are required to vote in elections until the age of 69. However, voting in Peru's presidential election next April will not be mandatory for Leo, as he turns 70 in September.
The citizenship status of Leo's predecessors once they became Pope remains unclear, as the Vatican does not disclose this information. Pope Francis renewed his passport in his home country of Argentina in 2014, a year after he became Pope.
German-born Pope Benedict XVI and Pope John Paul II, a native of Poland, never publicly relinquished citizenship in their home countries. John Paul was the first non-Italian Pope in 455 years.
Margaret Susan Thompson, a Syracuse University history professor and expert on American Catholicism, doubts that Leo would renounce his U.S. citizenship. However, she believes that Leo, by delivering his first speech in Italian and Spanish without using English, was signaling that he is the Pope of the universal Catholic Church, not an American holding that position.
There are a few notable examples of individuals who have held high office while maintaining dual citizenship. Former British Prime Minister Boris Johnson, born in New York to British parents in 1964, renounced his American citizenship in 2016 while serving as the U.K.'s foreign secretary. Mohamed Abdullahi Mohamed, born in Somalia, was an American citizen when he was elected President of Somalia in 2017.
He renounced his U.S. citizenship two years into his presidency. Valdas Adamkus, who became a U.S. citizen after his family fled Lithuania to escape Soviet occupation, returned to win Lithuania's presidency in 1998, years after the Soviet Union collapsed. He relinquished his American citizenship after being elected.
As Pope Leo XIV navigates his unique position as the first U.S.-born leader of the Catholic Church and a foreign head of state, his dual citizenship raises complex legal and diplomatic questions. However, history and legal precedent suggest that he can maintain his U.S. citizenship while serving as Pope, a situation that reflects the increasingly interconnected world of the 21st century.
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