Orr v. Orr
Decision Date | 16 March 1977 |
Parties | William Herbert ORR v. Lillian M. ORR. Civ. 1006. |
Court | Alabama Court of Civil Appeals |
John L. Capell, Montgomery, for appellant.
W. F. Horsley, Opelika, for appellee.
The husband, by appropriate motion filed with the trial court, challenged the constitutionality of Tit. 34, §§ 31-33, Code of Alabama, Alabama's alimony statutes. The trial court denied the husband's motion.
The sole issue before this court is whether Alabama's alimony statutes are unconstitutional. We find they are not unconstitutional and affirm.
The husband, through able counsel, contends that Alabama's alimony statutes are unconstitutional in that they violate the 14th Amendment to the U.S. Constitution. The husband argues that the appropriate statutes provide for an award of alimony to females without providing for a corresponding award to males and, therefore, males are denied the right to equal protection under the law.
The same issue before this court was argued before the Supreme Court of Georgia in Murphy v. Murphy, 232 Ga. 352, 206 S.E.2d 458 (1974), cert. denied, 421 U.S. 929, 95 S.Ct. 1656, 44 L.Ed.2d 87 (1975). The Georgia Supreme Court discussed the same cases and rationale raised by the husband on this appeal. After careful study and consideration, we are of the opinion that we cannot improve on the language or reasoning of the Georgia court. We therefore adopt the following language found in the Georgia case as our own:
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Rose v. Stokely
...citing Orr, supra at 271, 99 S.Ct. 1102. 76. Orr, supra at 273, 99 S.Ct. 1102. 77. Id. at 280, 99 S.Ct. 1102 quoting Orr v. Orr, 351 So.2d 904, 905 (Ala.Ct.Civ.App., 1977). 78. Id. 79. Id. at 281, 99 S.Ct. 1102. 80. Stokely II, supra at 250, 655 N.W.2d 770. 81. Stokely II, supra at 252, 655......
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Rose v. Stokely
...Waterford Twp, supra at 191. 80. Stokely 2, supra at 250, citing Orr, supra at 271. 81. Orr, supra at 273. 82. Id. at 280, citing Orr v Orr, 351 So2d 904, 905 (Ct Civ App Al, 1977). 83. Id. 84. Id. at 281. 85. Stokely 2, supra at 250. 86. Stokely 2, supra at 252. 87. Id., emphasis supplied.......
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Orr v. Orr
...1975, were unconstitutional. Upon the husband's appeal to this court, we sustained the constitutionality of the statutes. Orr v. Orr, Ala.Civ.App., 351 So.2d 904 (1977). The husband appealed to our supreme court which initially granted certiorari, but which subsequently, without opinion, qu......