Zablocki v. Redhail
| Zablocki v. Redhail | |
|---|---|
| Argued October 4, 1977 Decided January 18, 1978 | |
| Full case name | Thomas E. Zablocki, Milwaukee County Clerk v. Roger G. Redhail |
| Citations | 434 U.S. 374 (more) 98 S. Ct. 673; 54 L. Ed. 2d 618; 1978 U.S. LEXIS 57; 24 Fed. R. Serv. 2d (Callaghan) 1313 |
| Argument | Oral argument |
| Case history | |
| Prior | Judgment in favor of plaintiffs, 418 F. Supp. 1061 (E.D. Wis. 1976) (three-judge court); probable jurisdiction noted, 429 U.S. 1089 (1977). |
| Holding | |
| Wisconsin's statute requiring a noncustodial parent to obtain a court order before receiving a marriage license, which may be issued only when the noncustodial parent is up to date on child support and such child(ren) is(are) not likely to become public charges, is unconstitutional because the statute violates the Fourteenth Amendment's equal protection clause. The case also reaffirms the status of marriage as a fundamental right. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Marshall, joined by Burger, Brennan, White, Blackmun |
| Concurrence | Burger |
| Concurrence | Stewart |
| Concurrence | Powell |
| Concurrence | Stevens |
| Dissent | Rehnquist |
| Laws applied | |
| U.S. Const. amend. XIV | |
Zablocki v. Redhail, 434 U.S. 374 (1978), was a U.S. Supreme Court decision that held that Wisconsin Statutes §§ 245.10 (1), (4), (5) (1973) violated the Fourteenth Amendment Equal Protection Clause. Section 245.10 required noncustodial parents who were Wisconsin residents attempting to marry inside or outside of Wisconsin to seek a court order prior to receiving a marriage license. In order to receive such a court order, the noncustodial parent could not be in arrears on his or her child support, and the court had to believe that the child(ren) would not become dependent on the State.