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Redhail
434 US 374, 54 L Ed 2d 618, 98 S Ct 673
No. 76-879
January 18, 1978
Marshall, J.:
FACTS:
Statute: Court permission can’t 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 thereafter to become public
charges.” No marriage license may lawfully be issued in Wisconsin to a person covered by the
statute except upon court order; any marriage entered into without compliance with is
declared void; and person acquiring marriage licenses in violation of the section are subject to
criminal penalties.
ISSUE:
W/N Wisconsin statute which provides that members of a certain class of Wisconsin residents
may not marry, within the State or elsewhere, without first granting permission to marry is
constitutional.
HELD:
NO.
I.
When appellee was a minor, he fathered a baby girl out of wedlock
A few years later, petitioner wanted to get married but was denied a marriage license
by Zablocki, the County Clerk saying that appellee had not obtained a Court order
allowing him to marry
Statute in Wisconsin states
o Satisfy obligations of illegitimate children (arrearage of $3,700)
o Proof that not a public charge
Redhail filed a complaint before the District Court in behalf of all those who weren’t
issued a marriage license
o Petitioner said it violated their right to Due Process and Equal Protection under
the 1st, 5th, 9th, and 14th Amendments
Zablocki was the defendant, representing also all County Clerks
District court struck down
o Violated fundamental right to marry
II.
Cites cases
Decision to marry same level as procreation, child birth, child rearing, family
relationships
Statute interferes with right to marry
Those who can’t afford to support obligations or prove non dependency on public
charges will not be allowed to marry, foregoing their right
III.
If it infringes on a right, it must be scrutinized whether it justifies state interests
Appellant argues that the statute
o Opportunity to counsel with regards to obligations
The Court still does not grant a license despite counselling
o Welfare of out-of-custody children is protected
No clear connection between state’s interests and statute’s requirements
Since the appellee can’t pay obligations or assure children not public
charges, he can’t get married
As a result, the next child born out-of-wedlock, will also be illegitimate
Republic vs. Court of Appeals
G.R. No. 103047
September 2, 1994
Puno, J.:
FACTS:
Angelina M. Castro married Edwin F. Cardenas in a “secret wedding.”
4 months into conceiving, the relationship turned sour
The baby is now in the US and Castro wants to follow her there
Cardenas filed a petition to have their marriage annulled saying that there was no
marriage license issued
The marriage certificate indicated a license number
The Civil Registrar of Pasay City could not find any record that it issued a marriage
license
Testified that she did not go to the Civil Registrar
ISSUE:
W/N the documentary and testimonial evidence presented by private respondent are sufficient
to establish that no marriage was issued by the Civil Registrar of Pasig to the celebration of the
marriage of private respondent to Edwin F. Cardenas
HELD:
YES.
Sec 29, Rule 132 of the Rules of Court counts this as valid evidence
No proof of collusion