University:
Bradley University
Course:
PLW 101 | Introduction to the Legal Profession
Academic year:

2021
Views:

395

Pages:

2
Author:

Vivian Bernard

ZABLOCKI v. REDHAIL 434 U.S. 378 (1978) FACTS: Parties: Appellant: Zablocki Appellee: Redhail Procedural History:  Relevant Facts:  WI statute provided that any resident of the state having minor issue not in his custody and which he is under obligation to support by any court order or judgment may not marry without a court approval order, which cannot be granted absent a showing that the support obligation has been met and that children covered by the support order are not then and are not likely thereafter to become public charges ISSUE:  Whether a state can place restrictions on marriage such that a person owing child support and whose payments are not current cannot obtain a marriage certificate PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW:  Marriage is a fundamental right such that the interference of it cannot be upheld unless the reason for denying the right is narrowly tailored to service a compelling state objective HOLDING:  COURT’S REASONING:   A right to marry is of fundamental importance, and the statutory classification involved significantly interferes with the exercise of that right The statute emboldens a state, which already has numerous ways of forcing compliance, to deny then applicant from getting married

Zablocki v. Redhail - Lecture Notes 15

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