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Constitutional Law Keyed to Choper
Orr v. Orr
Citation:
440 U.S. 268 (1979)Facts
On February 26, 1974, a divorce decree dissolved the marriage of William and Lillian Orr. The decree, incorporating a stipulation between the parties, directed Mr. Orr to pay Mrs. Orr $1,240 per month in alimony. By July 1976, Mr. Orr had fallen behind in payments, prompting Mrs. Orr to initiate contempt proceedings. At the hearing on August 19, 1976, Mr. Orr argued for the first time that Alabama’s alimony statutes violated the Equal Protection Clause because they authorized courts to place alimony obligations on husbands but never on wives. The Circuit Court denied his motion and ordered him to pay $5,524 in back alimony and attorney fees. Mr. Orr appealed solely on constitutional grounds, but both the Alabama Court of Civil Appeals and the Alabama Supreme Court rejected his challenge.
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