I think a pretty fair argument in support of this claim has been posted here on this blog by commenter nemocapn.
Attorneys Leo C. Donofrio and Mario Apuzzo have made a big deal out of President Obama’s supposed British citizenship. FactCheck.org got involved with the article Does Barack Obama have Kenyan Citizenship? FactCheck concluded that Barack Obama did have British and then Kenyan citizenship for a time. The Obama campaign website, FightTheSmears.com even quotes FactCheck.
Birthers argue (falsely) that anyone born with dual citizenship cannot be President (several former presidents have had dual citizen at birth or later). But perhaps President Obama was not born with dual citizenship after all!
The argument against Obama’s British citizenship may be summarized briefly as follows:
- Barack Obama Sr. was already married in Kenya before coming to the United States.
- The United States doesn’t recognize bigamous marriages, therefore the Obama/Dunham marriage was null and void.
- The British Nationality Act of 1948 only confers British nationality to the legitimate children of British fathers.
- Therefore Barack Obama was never a British Citizen.
The illegitimacy argument also has another implication. While it is a documented fact that President Obama was born in Hawaii, if it were the case that his mother was not legally married when he was born, the law in force at the time would have made him born a US Citizen, no matter where in world he was born.