| 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.[1] 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.[2]
- ^ Zablocki v. Redhail, 434 U.S. 374 (1978).
This article incorporates public domain material from this U.S government document.
- ^ The text of the statute was:
245.10 Permission of court required for certain marriages
(1) No Wisconsin resident having minor issue not in his custody and which he is under obligation to support by any court order or judgment, may marry in this state or elsewhere, without the order of either the court of this state which granted such judgment or support order, or the court having divorce jurisdiction in the county of this state where such minor issue resides or where the marriage license application is made. No marriage license shall be issued to any such person except upon court order. The court, within 5 days after such permission is sought by verified petition in a special proceeding, shall direct a court hearing to be held in the matter to allow said person to submit proof of his compliance with such prior court obligation. No such order shall be granted, or hearing held, unless both parties to the intended marriage appear, and unless the person, agency, institution, welfare department or other entity having the legal or actual custody of such minor issue is given notice of such proceeding by personal service of a copy of the petition at least 5 days prior to the hearing, except that such appearance or notice may be waived by the court upon good cause shown, and, if the minor issue were of a prior marriage, unless a 5-day notice thereof is given to the family court commissioner of the county where such permission is sought, who shall attend such hearing, and to the family court commissioner of the court which granted such divorce judgment. If the divorce judgment was granted in a foreign court, service shall be made on the clerk of that court. Upon the hearing, if said person submits such proof and makes a showing that such children are not then and are not likely thereafter to become public charges, the court shall grant such order, a copy of which shall be filed in any prior proceeding under s. 52.37 or divorce action of such person in this state affected thereby; otherwise permission for a license shall be withheld until such proof is submitted and such showing is made, but any court order withholding such permission is an appealable order. Any hearing under this section may be waived by the court if the court is satisfied from an examination of the court records in the case and the family support records in the office of the clerk of court as well as from disclosure by said person of his financial resources that the latter has complied with prior court orders or judgments affecting his minor children, and also has shown that such children are not then and are not likely thereafter to become public charges. No county clerk in this state shall issue such license to any person required to comply with this section unless a certified copy of a court order permitting such marriage is filed with said county clerk.
(4) If a Wisconsin resident having such support obligations of a minor, as stated in sub. (1), wishes to marry in another state, he must, prior to such marriage, obtain permission of the court under sub. (1), except that in a hearing ordered or held by the court, the other party to the proposed marriage, if domiciled in another state, need not be present at the hearing. If such other party is not present at the hearing, the judge shall within 5 days send a copy of the order of permission to marry, stating the obligations of support, to such party not present.
(5) This section shall have extraterritorial effect outside the state; and s. 245.04(1) and (2) are applicable hereto. Any marriage contracted without compliance with this section, where such compliance is required, shall be void, whether entered into in this state or elsewhere.
Redhail v. Zablocki, 418 F. Supp. 1061, 1063, n. 1 (E.D. Wis. 1976).
