Family Law Keyed to Weisberg
Zablocki v. Redhail
Facts
Appellee Redhail was unable to enter into a lawful marriage under a Wisconsin statute that did not permit a resident to marry without court permission if he has a minor issue not in his custody which he is obligated to pay support by court order. The statute allowed court permission only if the marriage applicant submits proof of compliance with the support obligation and additionally demonstrates that the children covered by the support order are not then or likely thereafter to become public charges. In 1972 when appellee was a minor high school student he was found to be the father of a baby girl born out of wedlock and ordered to pay monthly support. Appellee was unemployed and indigent until 1974, and unable to make payments. In 1974 appellee applied for a marriage certificate with appellant Zablocki, a county clerk. The application was denied due to appellee’s failure to obtain the required court order. It was stipulated that appellee was in arrearage on his payments and his child had been a public ward since birth, therefore he was unable to satisfy the requirements for a court order. Appellee filed his complaint on behalf of himself and all similarly situated Wisconsin residents.
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