DENVER (AP) – A naturalized citizen who wanted to run for president despite not being American-born has lost his bid to get on the ballot in Colorado.

Abdul Karim Hassan of New York state contends the Constitution’s requirement that presidential candidates be U.S.-born violates equal-protection rights under the Fourteenth Amendment.

A magistrate judge had ruled the amendment didn’t affect the validity of the Constitution’s distinction between natural-born citizens and naturalized citizens. Hassan appealed, saying that even if he can’t assume the office of president, Colorado election officials discriminated against him by blocking him from appearing on the ballot.

A panel of the 10th U.S. Circuit Court of Appeals on Tuesday backed the judge, who found the state has a legitimate interest in leaving him off the ballot if he can’t assume the office.

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