Kirkpatrick v. District Court
Supreme Court of Nevada
64 P.3d 1056 (2003)
Bruce Kirkpatrick (plaintiff) and Karen Karay shared joint custody of their daughter SierraDawn after divorce; while living with Karay in New Mexico, 15-year-old SierraDawn sought to marry 48-year-old Sauren Crow, a marriage New Mexico law barred due to her age. With Karay's approval, the three traveled to Las Vegas, where Nevada law permitted marriage of minors under 16 with one parent's consent and court approval, and the Clark County District Court (defendant) approved the petition, allowing the marriage. Upon learning of this, Kirkpatrick obtained a temporary restraining order in New Mexico granting him immediate custody, but the court rescinded it days later after finding the Nevada marriage valid and effectively emancipating SierraDawn; Kirkpatrick then sought a writ of mandamus in Nevada to vacate the District Court's approval and annul the marriage.
Whether a state statute that permits minors under age 16 to marry with the consent of one parent and court approval violates the substantive due process rights of the parent who does not consent.