Zablocki v. Redhail, No. 76-879

CourtUnited States Supreme Court
Writing for the CourtMARSHALL
Citation434 U.S. 374,98 S.Ct. 673,54 L.Ed.2d 618
Docket NumberNo. 76-879
Decision Date18 January 1978
PartiesThomas E. ZABLOCKI, Milwaukee County Clerk, etc., Appellant, v. Roger C. REDHAIL, etc

434 U.S. 374
98 S.Ct. 673
54 L.Ed.2d 618
Thomas E. ZABLOCKI, Milwaukee County Clerk, etc., Appellant,

v.

Roger C. REDHAIL, etc.

No. 76-879.
Argued Oct. 4, 1977.
Decided Jan. 18, 1978.

Syllabus

Wisconsin statute providing that any resident of that 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," held to violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 383-391.

(a) Since the right to marry is of fundamental importance, e. g., Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010, and the statutory classification involved here significantly interferes with the exercise of that right, "critical examination" of the state interests advanced in support of the classification is required. Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 312, 314, 96 S.Ct. 2562, 2566, 2567, 49 L.Ed.2d 520. Pp. 383-387.

(b) The state interests assertedly served by the challenged statute unnecessarily impinge on the right to marry. If the statute is designed to furnish an opportunity to counsel persons with prior child-support obligations before further such obligations are incurred, it neither expressly requires counseling nor provides for automatic approval after counseling is completed. The statute cannot be justified as encouraging an applicant to support his children. By the proceeding the State, which already possesses numerous other means for exacting compliance with support obligations, merely prevents the applicant from getting married, without ensuring support of the applicant's prior children. Though it is suggested that the statute protects the ability of marriage applicants to meet prior support obligations before new ones are incurred the statute is both underinclusive (as it does not limit new financial commitments other than those arising out of the contemplated marriage) and overinclusive (since the new spouse may better the applicant's financial situation). Pp. 388-390.

418 F.Supp. 1061, affirmed.

Page 375

Ward L. Johnson, Jr., Madison, Wis., for appellant.

Robert H. Blondis, Milwaukee, Wis., for appellee.

Mr. Justice MARSHALL delivered the opinion of the Court.

At issue in this case is the constitutionality of a Wisconsin statute, Wis.Stat. §§ 245.10(1), (4), (5) (1973), which provides that members of a certain class of Wisconsin residents may not marry, within the State or elsewhere, without first obtaining a court order granting permission to marry. The class is defined by the statute to include any "Wisconsin resident having minor issue not in his custody and which he is under obligation to support by any court order or judgment." The statute specifies that court permission cannot be granted unless the marriage applicant submits proof of compliance with the support obligation and, in addition, demonstrates that the children covered by the support order "are not then and are not likely thereafter to become public charges." No marriage license may lawfully be issued in Wisconsin to a person covered by the statute, except upon court order; any marriage entered into without compliance with § 245.10 is declared void; and persons acquiring marriage licenses in violation of the section are subject to criminal penalties.1

Page 376

After being denied a marriage license because of his failure to comply with § 245.10, appellee brought this class action under 42 U.S.C. § 1983, challenging the statute as violative

Page 377

of the Equal Protection and Due Process Clauses of the Fourteenth Amendment and seeking declaratory and injunctive relief. The United States District Court for the Eastern District of Wisconsin held the statute unconstitutional under the Equal Protection Clause and enjoined its enforcement. 418 F.Supp. 1061 (1976). We noted probable jurisdiction, 429 U.S. 1089, 97 S.Ct. 1096, 51 L.Ed.2d 534 (1977), and we now affirm.

I

Appellee Redhail is a Wisconsin resident who, under the terms of § 245.10, is unable to enter into a lawful marriage in Wisconsin or elsewhere so long as he maintains his Wisconsin residency. The facts, according to the stipulation filed by the parties in the District Court, are as follows. In January 1972, when appellee was a minor and a high school student, a paternity action was instituted against him in Milwaukee County Court, alleging that he was the father of a baby girl

Page 378

born out of wedlock on July 5, 1971. After he appeared and admitted that he was the child's father, the court entered an order on May 12, 1972, adjudging appellee the father and ordering him to pay $109 per month as support for the child until she reached 18 years of age. From May 1972 until August 1974, appellee was unemployed and indigent, and consequently was unable to make any support payments.2

On September 27, 1974, appellee filed an application for a marriage license with appellant Zablocki, the County Clerk of Milwaukee County,3 and a few days later the application was denied on the sole ground that appellee had not obtained a court order granting him permission to marry, as required by § 245.10. Although appellee did not petition a state court thereafter, it is stipulated that he would not have been able to satisfy either of the statutory prerequisites for an order granting permission to marry. First, he had not satisfied his support obligations to his illegitimate child, and as of December 1974 there was an arrearage in excess of $3,700. Second, the child had been a public charge since her birth, receiving benefits under the Aid to Families with Dependent Children program. It is stipulated that the child's benefit payments were such that she would have been a public charge even if appellee had been current in his support payments.

On December 24, 1974, appellee filed his complaint in the District Court, on behalf of himself and the class of all Wisconsin residents who had been refused a marriage license pursuant to § 245.10(1) by one of the county clerks in Wisconsin. Zablocki was named as the defendant, individually

Page 379

and as representative of a class consisting of all county clerks in the State. The complaint alleged, among other things, that appellee and the woman he desired to marry were expecting a child in March 1975 and wished to be lawfully married before that time. The statute was attacked on the grounds that it deprived appellee, and the class he sought to represent of equal protection and due process rights secured by the First, Fifth, Ninth, and Fourteenth Amendments to the United States Constitution.

A three-judge court was convened pursuant to 28 U.S.C. §§ 2281, 2284. Appellee moved for certification of the plaintiff and defendant classes named in his complaint, and by order dated February 20, 1975, the plaintiff class was certified under Fed.Rule Civ.Proc. 23(b)(2).4 After the parties filed the stipulation of facts, and briefs on the merits, oral argument was heard in the District Court on June 23, 1975, with a representative from the Wisconsin Attorney General's office participating in addition to counsel for the parties.

The three-judge court handed down a unanimous decision on August 31, 1976. The court ruled, first, that it was not required to abstain from decision under the principles set forth in Huffman v. Pursue, Ltd., 420 U.S. 592, 95 S.Ct. 1200, 43 L.Ed.2d 482 (1975), and Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), since there was no pending state-court proceeding that could be frustrated by the declaratory and injunctive relief requested.5 Second, the court held

Page 380

that the class of all county clerks in Wisconsin was a proper defendant class under Rules 23(a) and (b)(2), and that neither Rule 23 nor due process required prejudgment notice to the members of the plaintiff or the defendant class.6

Page 381

On the merits, the three-judge panel analyzed the challenged statute under the Equal Protection Clause and concluded that "strict scrutiny" was required because the classification created by the statute infringed upon a fundamental right, the right to marry.7 The court then proceeded to evaluate the interests advanced by the State to justify the statute, and, finding that the classification was not necessary for the achievement of those interests, the court held the statute invalid and enjoined the county clerks from enforcing it.8

Appellant brought this direct appeal pursuant to 28 U.S.C.

Page 382

§ 1253, claiming that the three-judge court erred in finding §§ 245.10(1), (4), (5) invalid under the Equal Protection Clause. Appellee defends the lower court's equal protection holding and, in the alternative, urges affirmance of the District Court's judgment on the ground that the statute does not satisfy the requirements of substantive due process. We agree with the District Court that the statute violates the Equal Protection Clause.9

Page 383

II

In evaluating §§ 245.10(1), (4), (5) under the Equal Protection Clause, "we must first determine what burden of justification the classification created thereby must meet, by looking to the nature of the classification and the individual interests affected." Memorial Hospital v. Maricopa County, 415 U.S. 250, 253, 94 S.Ct. 1076, 1079, 1080, 39 L.Ed.2d 306 (1974). Since our past decisions make clear that the right to marry is of fundamental importance, and since the classification at issue here significantly interferes with the exercise of that right, we believe that "critical examination" of the state interests advanced in support of the classification is required. Massachusetts Board of Retirement v. Murgia, 427 U.S. 307, 312, 314, 96 S.Ct. 2562, 2566, 2567, 49 L.Ed.2d 520...

To continue reading

Request your trial
986 practice notes
  • Brown v. County of San Joaquin, No. CIV.S-83-1464 RAR.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 22, 1985
    ...sort of constitutional protection, are those that attend the creation and sustenance of a family — marriage, e.g., Zablocki v. Redhail 434 U.S. 374 98 S.Ct. 673, 54 L.Ed.2d 618 (1978); childbirth, e.g., Carey v. Population Services Int'l, 431 U.S. 678 97 S.Ct. 2010, 52 L.Ed.2d 675 (1977); t......
  • Conde-Vidal v. Garcia-Padilla, Civil No. 14–1253 (PG).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • October 21, 2014
    ...abstention merely because resolution of a federal question may result in the overturning of a state policy.” Zablocki v. Redhail, 434 U.S. 374, 379 n. 5, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978). The Commonwealth contends that this Court should refrain from ruling on the constitutionality of Art......
  • U.S. v. Dedman, No. 06-6124.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 29, 2008
    ...bases her claim on the Supreme Court's precedent establishing the "fundamental importance" of the right to marry. Zablocki v. Redhail, 434 U.S. 374, 383, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978) (striking down as unconstitutional a Wisconsin statute that barred those paying child support from ge......
  • Beharry v. Reno, No. 98 CV 5381(JBW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • January 22, 2002
    ...L.Ed. 1655 (1942), and the right to marry, see Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967); Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978). These rights cover a person's relationship with his or her family, including the right to live with o......
  • Request a trial to view additional results
982 cases
  • Brown v. County of San Joaquin, No. CIV.S-83-1464 RAR.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • January 22, 1985
    ...sort of constitutional protection, are those that attend the creation and sustenance of a family — marriage, e.g., Zablocki v. Redhail 434 U.S. 374 98 S.Ct. 673, 54 L.Ed.2d 618 (1978); childbirth, e.g., Carey v. Population Services Int'l, 431 U.S. 678 97 S.Ct. 2010, 52 L.Ed.2d 675 (1977); t......
  • Conde-Vidal v. Garcia-Padilla, Civil No. 14–1253 (PG).
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • October 21, 2014
    ...abstention merely because resolution of a federal question may result in the overturning of a state policy.” Zablocki v. Redhail, 434 U.S. 374, 379 n. 5, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978). The Commonwealth contends that this Court should refrain from ruling on the constitutionality of Art......
  • U.S. v. Dedman, No. 06-6124.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • May 29, 2008
    ...bases her claim on the Supreme Court's precedent establishing the "fundamental importance" of the right to marry. Zablocki v. Redhail, 434 U.S. 374, 383, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978) (striking down as unconstitutional a Wisconsin statute that barred those paying child support from ge......
  • Beharry v. Reno, No. 98 CV 5381(JBW).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • January 22, 2002
    ...L.Ed. 1655 (1942), and the right to marry, see Loving v. Virginia, 388 U.S. 1, 87 S.Ct. 1817, 18 L.Ed.2d 1010 (1967); Zablocki v. Redhail, 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618 (1978). These rights cover a person's relationship with his or her family, including the right to live with o......
  • Request a trial to view additional results
5 books & journal articles
  • LEGITIMIZING ILLEGITIMACY IN CONSTITUTIONAL LAW.
    • United States
    • Washington University Law Review Vol. 99 Nbr. 6, August 2022
    • August 1, 2022
    ...427 U.S. 495, 504-07 (1976); Clark v. Jeter, 486 U.S. 456, 461-62 (1988). (94.) Levy, 391 U.S. at 71. (95.) See Zablocki v. Redhail, 434 U.S. 374, 384 (1978) ("[T]he right 'to marry, establish a home and bring up children' is a central part of the liberty protected by the Due Process Clause......
  • Justice Antonin Scalia, Constitutional Discourse, and the Legalistic State
    • United States
    • Political Research Quarterly Nbr. 44-4, December 1991
    • December 1, 1991
    ...773 F.2d 375 (D.C. Cir. 1985). Young v. United States ex rel. Vuitton et Fils S.A., 107 S. Ct. 2124 (1987). Zablocki v. Redhail, 434 U.S. 374 Baker, Stewart Abercrombie, and Katherine H. Wheatley. 1988. "Justice Scalia and Federalism: A Sketch," The Urban Lawyer 20: 353-65. Baugh, Joyce A. ......
  • Prison Inmates’ Right to Hunger Strike
    • United States
    • Criminal Justice Review Nbr. 39-2, June 2014
    • June 1, 2014
    ...Education v. Bernette, 319 U.S. 624 (1943).Youngberg v. Romeo, 457 U.S. 307 (1982).138 Criminal Justice Review 39(2) Zablocki v. Redhail, 434 U.S. 374 (1978).Constitution, Statutes, and RegulationsConstitution of the United States, amends. I, VIII, XIV.Military Commissions Act of 2006, § 7,......
  • REPRODUCTIVE INDETERMINACY AND RIGHTS DISCOURSE IN FROZEN EMBRYO DISPUTES.
    • United States
    • Columbia Journal of Gender and Law Vol. 42 Nbr. 1, December 2021
    • December 22, 2021
    ..."'the basic civil rights of man.'" Cruzan v. Director, Missouri Dep't of Health, 497 U.S. 261, 342 (1990). (311) Zablocki v. Redhail, 434 U.S. 374, 385 (1978) (internal citations omitted). The full list is as follows: "[R]elating to marriage, procreation, contraception, family relationships......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT