of allegianceto the United States Coustitutionand to the President of the United S,t.ates. In striking dowu a Connecticut regulationlimiting the practice of lav to citizens only, the court recitedthe above-mentionedst.a.tutory oath aud declaredin a footnote:
If aliens cau take this 06th when the Nation is making use of their services in the national defense, residence,a:Lienapplicantsfor admission to the bar surely cmnot be precluded,as a class. from taking an oath to supportthe Constitutionon the theory that they are unable to take the oath in good faith.
In re Griffiths,BIIPT(L.at 7:!Cs n. 18. Analogously,we conclude that residentalienswho are veterms of the United StatesArmed Forces may not be precluded as a class to entitlementto benefits granted to veteransvho are United Stateo citizens.
Accordingly,we concludethat a court, if presenteddirectlywith the issue.. would concludethat those portionsof article III, section 49-b of the Texas and sections 161.001(7) and 162.001(8)(C) of the Natural Resources Code, which restricts applicantsfor certainveterans'assistanceprogramsto citizensonly, is violative of the Equal Protection Clause of the Fourteenth Amendmentof the United State!; Constitution.
jjUMMARY
Those portionsof article III, section 49-b of the Texas sections161.001(7)and 162.001(8)(C) of , which restrict applicants for certain veterans' assistanceprogramsto citizensonly, is violative of the Equal of the Fourteenth Amendmentof the Constitution.
dz&
JIM HATTOX AttorneyGeneralof Texas
TOM GREEN First AssistantAttorney.Gen&l
p. 1286 Mr. Carry Mauro - Page 6 (JM-2a91
DAVID R. RICRARDS ExecutiveAssistantAttorney Gmeral
RICK GILPIN Chairman,Opinion Committee
Preparedby Jim Moellinger AssistantAttorney General
APPROVED: OPINION COMMITTEE
Rick Gilpin. Chairman Colin Carl Susan Garrison Jim Moellinger JenniferRiggs
p. 1287