Susan Norwick and Tarja Dachinger were both foreign nationals who had resided in the United States for many years and were married to United States citizens. Both were eligible for citizenship, but had refused to apply. Both had applied for certification as public school teachers in New York State. New York law prohibited the certification of non-citizen teachers who had not sought citizenship. Both applications were denied certification solely on that ground. Norwick filed suit in federal district court, which Dachinger later joined. The three-judge district court ruled in their favor, arguing that the statute as "overbroad."
Did the New York statute violate the Equal Protection Clause of the Fourteenth Amendment?
No. In a 5-4 opinion, the Court reversed the District Court and held that states could be justified in barring aliens from certain positions in government. Justice Lewis F. Powell's majority opinion asserted the state's interest in charging teachers with "an obligation to promote civic virtues and understanding in their classes, regardless of the subject taught." The statute furthered this interest, in that it affected only non-citizens who did not want to seek citizenship. This interest satisfied the "rational relationship" required by Foley v. Connelie
Decisions
Decision: 5 votes for Ambach, 4 vote(s) against Legal provision: Equal Protection
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Full Opinion by Justice Lewis F. Powell, Jr.
