Agwmar Fabbri v. Makko Oko

Agwmar Fabbri v. Makko Oko
Court	Supreme Court, Opposh, Makko Oko
Decided	June 10, 2023 (2023-06-10)
Case history
Appealed from	Appellate Court of Appeals of Makko Oko
Case opinions
Majority	Gerlach, Reynolds, Graham, Sparks, Sullivan, Aponte, Barrows

Agwmar Fabbri v. Makko Oko is a case that was decided by the Supreme Court of Makko Oko on June 10th, 2023 on rather a slave's child had citizenship due to having their slave-holding owner as the father, who was a citizen.

Background

Agwmar Fabbri was a part of the Makkonian slave trade, brought to the nation from Azikala back in late 2020. Agwmar had a child while in slavery with their owner, and she named them Palmira in early 2023. Agwmar wasn't freed when Order #3 was promulgated due to being a non-citizen, and they couldn't be sold due to the slave trade being prohibited, so life after the Slaves Act was ratified was a bit easier, with mainly household chores and at times, being a farmhand on the mansion's property, also being the groundskeeper. In March 2023, the CCS took away Palmira from Agwmar's custody due to the lack of a parental license and fined them IDH$1,000. Normally, one would be able to achieve custody once they became successfully licensed, however, a background check on both Agwmar and Palmira found that Palmira was not a legal citizen, and neither was Agwmar, having been classified as a slave by the state, here legally. The CCS had failed to check or consider the citizenship status of the father, and thus had made what was thought to be an error in judgement and put Palmira in foster care, telling Agwmar that "Due to your status, you are unable to keep custody of your child, and they have been placed in foster care."

Agwmar had consulted with the Office of Slaves Affairs who had told them that their child was not a legal citizen because they were created by a slave, and this led Agwmar to file a lawsuit against the government calling for Palmira to be given back to her and for Agwmar to be granted citizenship on account of her having a citizen child. The case would be heard in mid-April and a decision would be handed down on June 10th, 2023 unanimously for the government.

Effects

It established that slaves that birthed children, even if they had a parent that was a citizen, did not have citizenship and were legally designated as slaves, even if they weren't, because the "enslaved" status was passed down on to the child. This restricted the scope of the constitutional right to citizenship, which states "[...] to a citizen of the state" without being specific, to any child that had at least one citizen and no slaves. In addition, it established that slaves themselves were not citizens and did not have any of the rights of citizens.