Zablocki v. Redhail

A Wisconsin statute barred any resident under a court order to pay child support from marrying without first getting a separate court order permitting marriage. To obtain permission, the person had to prove he was current on support and that the child was not, and would not become, a public charge. Redhail (plaintiff) had fathered a child out of wedlock and was ordered to pay support, but he was unemployed and indigent and never paid. When he applied for a marriage license, county clerk Zablocki (defendant) denied it because Redhail had no permission order-and he could never have gotten one, since he could not pay and his daughter was already a public charge. Redhail sued, claiming the statute violated equal protection; the trial court agreed.

Whether a statute that bars residents subject to child-support orders from marrying without prior court permission violates the Equal Protection Clause when it directly and substantially interferes with the fundamental right to marry.