Marilyn Whatley and Carol Gerber v. T. J. Clark, Etc., Emma Maria Garza, Intervenors

THORNBERRY, Circuit Judge:

A Texas statute provides that “a student in a school, college, or university” shall not be considered to have acquired a voting residence at the place where he lives while attending school “unless he intends to remain there and to make that place his home indefinitely after he ceases to be a student.” Tex.Election Code art. 5.08(k), V.A.T.S. 1 Whether this provision infringes rights guaranteed by the Equal Protection Clause of the Fourteenth Amendment, is the primary issue before us in this appeal.

Appellee Dennis Green, a student at North Texas State University in…