Citizenship Requirement for Notary Publics Violates Equal Protection: Bernal v. Fainter

Introduction

Bernal v. Fainter, Secretary of State of Texas, et al. (467 U.S. 216, 1984) is a landmark decision by the United States Supreme Court that scrutinized the constitutionality of a Texas statute requiring notary publics to be United States citizens. The case was brought by Cornish F. Hitchcock Bernal, a resident alien denied the position of notary public purely based on his non-citizen status. The primary legal question addressed whether such a citizenship requirement violated the Equal Protection Clause of the Fourteenth Amendment.

Summary of the Judgment

The Supreme Court held that Texas's Article 5949(2), which mandated notaries public to be U.S. citizens, violated the Equal Protection Clause. The Court applied strict scrutiny, the highest standard of judicial review, and determined that the statute did not serve a compelling state interest nor did it employ the least restrictive means to achieve such an interest. Importantly, the Court found that the role of a notary public did not fall within the "political function" exception, which allows certain public offices related to democratic self-governance to be restricted to citizens.

Analysis

Precedents Cited

The Court extensively referenced previous cases to frame its decision:

SUGARMAN v. DOUGALL (413 U.S. 634, 1973): Established that laws discriminating based on alienage are subject to strict scrutiny unless they fall under the political function exception.
IN RE GRIFFITHS (413 U.S. 717, 1973): Held that excluding noncitizens from the State Bar violated Equal Protection, reinforcing that not all public roles warrant citizenship requirements.
FOLEY v. CONNELIE (435 U.S. 291, 1978), AMBACH v. NORWICK (441 U.S. 68, 1979), and CABELL v. CHAVEZ-SALIDO (454 U.S. 432, 1982): Defined the "political function" exception, explaining which public positions related to democratic governance can justifiably restrict appointments to citizens.

These precedents collectively emphasized that only positions deeply entwined with the formulation and execution of public policy are exempt from strict scrutiny under the political function exception.

Legal Reasoning

The Court reinforced that classifications based on alienage are "inherently suspect" and thus warrant strict scrutiny unless they qualify under the political function exception. To determine applicability, the Court applied the two-part test established in CABELL v. CHAVEZ-SALIDO:

Assess the specificity of the classification to prevent over- or under-inclusiveness.
Determine if the position in question involves executive, legislative, or judicial functions that are central to representative government.

Applying this test, the Court found that notaries public perform primarily clerical and ministerial tasks, lacking the broad discretionary powers or policymaking responsibilities characteristic of roles that qualify for the political function exception. Additionally, the Court noted the lack of a comprehensive rationale by Texas to demonstrate a compelling state interest justifying the citizenship requirement.

Impact

The decision in Bernal v. Fainter has significant implications for future cases involving employment restrictions based on citizenship. It reaffirms that unless a public position is fundamentally linked to the democratic process, citizenship requirements cannot be imposed without violating Equal Protection. This judgment serves as a precedent for challenging similar statutes that bar noncitizens from public roles not integral to governance and policymaking.

Moreover, the ruling clarifies the boundaries of the political function exception, limiting its application to positions with substantial influence over public policy rather than administrative or clerical roles. This delineation assists lower courts in evaluating the validity of citizenship restrictions across various public offices.

Complex Concepts Simplified

Strict Scrutiny: The highest standard of judicial review used by courts to evaluate the constitutionality of laws that classify individuals based on race, religion, or alienage. Under strict scrutiny, the law must serve a compelling state interest and must be narrowly tailored to achieve that interest.

Equal Protection Clause: A clause in the Fourteenth Amendment to the U.S. Constitution that requires each state to provide equal protection under the law to all people within its jurisdiction.

Political Function Exception: An exception to strict scrutiny that allows certain public offices closely related to the democratic self-governance process to lawfully restrict appointments to citizens.

Alienage: The status of being a noncitizen or foreign national.

Notary Public: A public officer authorized to perform certain legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions.

Conclusion

Bernal v. Fainter underscores the Supreme Court's commitment to ensuring that citizenship-based classifications by states receive the highest level of judicial scrutiny. By invalidating Texas's citizenship requirement for notary publics, the Court emphasized that only positions fundamentally connected to the democratic governance process merit such exclusions. This decision not only aligns with precedents that protect minority classes from discriminatory statutes but also provides clear guidelines on the application of the political function exception, thereby shaping the landscape of equal protection jurisprudence in the realm of public employment.