Zablocki v. Redhail

  • Decision on the abridgment of the decision to marry
  • The decision to marry is as fundamental as the decision to procreate
  • Any restriction on the decision to marry is an abridgment of a fundamental right.
  • Here, Wisconsin law prevented people from obtaining a marriage license if they had unpaid child support. SC decided the law unconstitutional, as it was not sufficiently tailored under strict scrutiny to the substantial interest of ensuring child support payments were made.
  • Contrast this with the following cases:
  • Takeaway: the interference must be direct and substantial
    • Not indirect, like with Califano and Bowen.