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Constitutional Law Keyed to Shanor
Zablocki v. Redhail
Citation:434 U.S. 374 (1978)
A Wisconsin statute provides that any Wisconsin resident having minor issue not in his custody and which he is under obligation to support by any court order or judgment may not marry, within the State or elsewhere, without first obtaining a court order granting permission to marry. 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 to become public charges. Appellee Redhail is a Wisconsin resident who is unable to enter a lawful marriage in Wisconsin or elsewhere so long as he maintains the Wisconsin residency. When he was a minor and a high school student, a paternity action was brought against him, alleging that he was the father of a baby girl born out of wedlock. The court ordered adjudging appellee the father and ordering him to pay $109 per month as support for the child until she reached 18 years of age.
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