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In Martinez v. Bynum (1983), the Supreme Court held that a bona fide residence requirement was a permissible precondition before even a U.S. citizen could demand a state's services such as public education. The Court thus ruled that a child who was a citizen but who did not meet the requirements of Texas's bona fide residence was not entitled to a free public education.

Facts of the Case

Roberto Morales, who was born in McAllen, Texas, was a citizen of the United States. After his birth, Roberto and his parents, Mexican citizens, returned to Mexico, where he lived until he was eight years old. When Roberto turned eight, his mother and father sent him to live with his sister, who had established legal residency in McAllen, Texas. ...

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