## Facts

- Efrem Bernal, a lawful resident alien and longtime Texas resident, applied to be commissioned as a Texas notary public.
- Texas law required notaries to be U.S. citizens, and Bernal’s application was denied solely due to his noncitizen status.
- The notary’s statutory duties included authenticating written instruments, administering oaths, and taking out-of-court depositions.
- Bernal challenged the citizenship requirement as unconstitutional discrimination against resident aliens under the Equal Protection Clause.

## Issues

1. Whether a state law restricting notary commissions to U.S. citizens constitutes an alienage classification triggering strict scrutiny under the Equal Protection Clause.
2. Whether the “political function” exception permits a state to reserve the office of notary public to citizens.
3. If strict scrutiny applies, whether the citizenship requirement is narrowly tailored to serve a compelling state interest.

## Decision

- The Supreme Court reversed the Fifth Circuit and held the citizenship requirement unconstitutional.
- The Court applied strict scrutiny because the statute discriminated on the basis of alienage and the political-function exception did not cover notaries.
- The Court concluded the notary role was “essentially clerical and ministerial,” not a position involving broad discretion over public policy.
- Texas’s asserted interests (such as familiarity with law and availability for testimony) were not shown to be compelling or served by the least restrictive means.
- The case was remanded for further proceedings consistent with the Court’s ruling.

## Legal Principles

- State alienage classifications are generally subject to strict scrutiny; they must serve a compelling state interest and be narrowly drawn to achieve that interest.
- The political-function exception is limited to positions “intimately related to the process of democratic self-government,” typically involving broad discretionary authority over the formulation or execution of public policy affecting the citizenry.
- Classification turns on a position’s actual functions, not its label as a “public officer” under state law.
- Where a position’s duties are primarily ministerial and do not entail policymaking or routine discretionary authority over individuals, the political-function exception does not apply.

## Conclusion

The Court held that Texas could not restrict notary commissions to U.S. citizens because the exclusion of resident aliens was an alienage classification subject to strict scrutiny, and the notary’s ministerial duties did not qualify for the political-function exception.


Bernal v. Fainter, 467 U.S. 216 (1984)