Zablocki v. Redhail

In Zablocki v. Redhail, 434 U.S. 374 (1978), the court characterized the right to marry as "fundamental," but cautioned: "we do not mean to suggest that every state regulation which relates in any way to the incidents of or prerequisites for marriage must be subjected to rigorous scrutiny. To the contrary, reasonable regulations that do not significantly interfere with decisions to enter into the marital relationship may legitimately be imposed." (434 U.S. at p. 386.) The Court reviewed a statute requiring Wisconsin residents with child support obligations to obtain a court order before they could marry. Under the statute, courts could grant permission only if the obligated parent could produce proof of support and could demonstrate that the children receiving support were not likely to become public charges. The court invalidated the statute on equal protection grounds, stating: "It is not surprising that the decision to marry has been placed on the same level of importance as decisions relating to procreation, childbirth, child rearing, and family relationships. As the facts of this case illustrate, it would make little sense to recognize a right of privacy with respect to other matters of family life and not with respect to the decision to enter the relationship that is the foundation of the family in our society. . . . "By reaffirming the fundamental character of the right to marry, we do not mean to suggest that every state regulation which relates in any way to the incidents of or prerequisites for marriage must be subjected to rigorous scrutiny. To the contrary, reasonable regulations that do not significantly interfere with decisions to enter into the marital relationship may legitimately be imposed. . . . The statutory classification at issue here, however, clearly does interfere directly and substantially with the right to marry." (Zablocki, supra, 434 U.S. at pp. 386-387 98 S. Ct. at p. 681, )