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Constitutional Law Keyed to Choper
Zablocki v. Redhail
Citation:
434 U.S. 374 (1978)Facts
In January 1972, when Roger Redhail was a minor and high school student, a paternity action was instituted against him, alleging he was the father of a baby girl born out of wedlock. After admitting paternity, the court ordered him to pay $109 per month in child support until the child reached 18 years of age. From May 1972 until August 1974, Redhail was unemployed and indigent, unable to make any support payments. In September 1974, Redhail applied for a marriage license but was denied because he had not obtained court permission as required by Wisconsin Statute § 245.10. The statute required Wisconsin residents with minor children not in their custody whom they were obligated to support to obtain court permission before marrying. Permission could only be granted if the applicant proved compliance with support obligations and demonstrated that the children would not become public charges. At the time of his application, Redhail had accumulated over $3,700 in support arrearages, and his child was receiving public assistance. Redhail and his fiancée were expecting a child in March 1975 and wished to be lawfully married before that time.
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