Citizen Pope: The Constitutionality of Pope Leo XIV’s American Citizenship
Must Pope Leo XIV discard his American passport?
“No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.” U.S. Const. art. I, § 9, c. 8
The election of Pope Leo XIV (born Robert Francis Prevost1 of Chicago) as the new Catholic pontiff raises a legal and constitutional question straight out of a law school hypothetical: can an American citizen become pope and still keep his U.S. citizenship? Turns out, yes! Under U.S. law, there is nothing stopping a private citizen from becoming the sovereign of a foreign state, like the Vatican.2
The Constitution bars the federal and state governments from handing out titles of nobility, and it blocks federal officeholders from accepting gifts or titles from foreign governments without congressional approval. But these clauses do not touch regular citizens. Pope Leo XIV is not a federal officeholder, so no constitutional rule blocks him from sitting on the Chair of Saint Peter and still holding a U.S. passport.
As for his citizenship, the Supreme Court has never tackled this precise issue (and how could they have?), but the law is fairly settled. In Afroyim v. Rusk (1967), the Court held that the government cannot take away your citizenship involuntarily. In Vance v. Terrazas (1980), the Court doubled down: a person’s citizenship cannot be taken away without a preponderance of evidence showing that the person intended to renounce citizenship. Becoming pope, standing on the balcony of St. Peter’s, and waving to the faithful does not automatically count as renunciation. Unless Pope Leo XIV signs a formal renunciation or makes it very clear he no longer wants to be a U.S. citizen, he remains one.
Because he is the sovereign of the Vatican, he also qualifies for full diplomatic immunity. The United States, like every other country that maintains relations with the Holy See, recognizes the pope as a foreign head of state. That means if he returns to the U.S.—say, to visit old friends in Chicago or to meet with government officials—he cannot be sued, subpoenaed, or prosecuted here. His immunity is total, both under the Vienna Convention on Diplomatic Relations and under longstanding U.S. practice.
Of course, having an American pope is not without complications. His dual status (U.S. citizen and foreign sovereign) could raise interesting issues around tax law, diplomatic protocol, and the Foreign Agents Registration Act (FARA). If he were to comment on U.S. policy or get involved in anything that looked like lobbying or financial activity in the States, the Justice Department might ask questions. That said, most of these issues are theoretical. Nothing in American law says he cannot be both pope and citizen. So yes, Pope Leo XIV can keep his American passport and still wear the white cassock. This is one of those rare moments when the law must answer a wild hypothetical with a confident, “Sure, why not?”
As an American and a Catholic, I am proud to see a compatriot ascend to the papacy!
The last name “Prevost” is derived from Latin praeponere, “to put in charge.” Fitting!
See Americans United for Separation of Church & State v. Reagan, 786 F.2d 194, 197 (3d Cir. 1986) (acknowledging ongoing diplomatic relations between the United States and the Vatican).