Facts—The city of Cleburne, Texas, denied a permit for a group home for the mentally retarded. The U.S. District Court upheld the ordinance and its application, arguing that no fundamental right or suspect class was at issue. By contrast, the U.S. Fifth Circuit Court of Appeals decided that mental retardation was a “quasi-suspect classification” that …
Facts—Mexican American parents whose children attended elementary and secondary schools in a school district in San Antonio that had a low propertytax base challenged the Texas system of financing public education. The growing disparities between districts in population and taxable property were responsible in part for the increasingly notable differences in levels of local expenditure …
Facts—Sharon Frontiero, a lieutenant in the U.S. Air Force, sought dependency allowances for her husband. Dependency would have been assumed for a man in her position, but women were required to show that men depended upon them for one-half or more of their support. Because she made no such showing, Frontiero’s request was denied. A …
Frontiero v. Richardson, 411 U.S. 677; 93 S. Ct. 1764; 36 L. Ed. 2d 582 (1973) Read More »
Facts—Sally, a mother, separated from her husband and on the death of her adopted son filed a petition in the Probate Court of Ada County, Idaho. She sought to be named administratrix of her son Richard’s estate. Meanwhile the father, Cecil, similarly wanted to be named administrator. Although the Idaho Probate Code favored neither one …
Reed v. Reed, 404 U.S. 71; 92 S. Ct. 251; 30 L. Ed. 2d 225 (1971) Read More »
Facts—In May 1975, the Texas legislature revised its educational laws to withhold from school districts any state funds for the education of children who were not “legally admitted” into the United States and authorized local school districts to deny enrollment to such children. A class action was filed in the District Court on behalf of …
Plyler v. Doe, 457 U.S. 202; 102 S. Ct. 2382; 72 L. Ed. 2d 786 (1982) Read More »
Facts—New York State has a law prohibiting aliens from serving as state troopers. Foley, an alien planning to become a naturalized citizen, applied to take the Civil Service examination to become a trooper but was denied the opportunity. A three-judge U.S. District Court affirmed this denial, which was then appealed to the U.S. Supreme Court. …
Foley v. Connelie, 435 U.S. 291; 98 S. Ct. 1067; 55 L. Ed. 2d 287 (1978) Read More »
Facts—Takahashi, a Japanese alien ineligible for citizenship, brought suit for mandamus in the California Superior Court to compel issuance to him of a commercial fishing license. The commission denied him the license on the ground that a California law forbade giving a commercial fishing license to a person ineligible for citizenship. Holding this provision violative …
Takahashi v. Fish & Game Commission, 334 U.S. 410; 68 S. Ct. 1138; 92 L. Ed. 1478 (1948) Read More »
Facts—The California Alien Land Law forbade aliens ineligible for citizenship to acquire, own, occupy, lease, or transfer agricultural land. The father, Kajiro Oyama, was a Japanese citizen ineligible for citizenship. He bought six acres of land in 1934, and the seller executed the deed to Fred Oyama, then six years old, and an American citizen. …
Oyama v. California, 332 U.S. 633; 68 S. Ct. 269; 92 L. Ed. 249 (1948) Read More »
Facts—In 1943 Girouard filed a petition for naturalization in the District Court of Massachusetts. He stated in his application that he understood the principles of the U.S. government and that he was willing to take the oath of allegiance required of all citizens-to-be. However, he said that he would not bear arms in the defense …
Girouard v. United States, 328 U.S. 61; 66 S. Ct. 826; 90 L. Ed. 1084 (1946) Read More »
Facts—Arizona passed a law providing that when any company, corporation, partnership, association, or individual employs more than five workers at any one time, not less than 80 percent must be qualified electors or native-born citizens of the United States or some subdivision thereof. Raich, a native of Austria living in Arizona, lost his job as …
Truax v. Raich, 239 U.S. 33; 36 S. Ct. 7; 60 L. Ed. 131 (1915) Read More »
