AMBACH V. NORWICK
441 U.S. 68 (1979)
NATURE OF THE CASE: This case presents the question whether a State, consistently with
the Equal Protection Clause of the Fourteenth Amendment, may refuse to employ as elementary
and secondary school teachers aliens who are eligible for United States citizenship but who
refuse to seek naturalization.
FACTS: Appellee Norwick was born in Scotland, and is a subject of Great Britain. She has
resided in this country since 1965, and is married to a United States citizen. Appellee
Dachinger is a Finnish subject who came to this country in 1966, and also is married to a
United States citizen. Both Norwick and Dachinger currently meet all of the educational
requirements New York has set for certification as a public school teacher, but they
consistently have refused to seek citizenship in spite of their eligibility to do so.
Norwick applied in 1973 for a teaching certificate covering nursery school through sixth
grade, and Dachinger sought a certificate covering the same grades in 1975. Both
applications were denied because neither were citizens. Applying the 'close judicial
scrutiny' the court held that 3001(3) discriminated against aliens in violation of the
Equal Protection Clause.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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