A state law provides that a person who has been divorced may not marry again unless he or she is current on all child-support payments. A woman denied a marriage license sues. What standard should the court apply in reviewing the law?

A state law provides that a person who has been divorced may not marry again unless he or she is current on all child-support payments. A woman denied a marriage license sues. What standard should the court apply in reviewing the law?

• A. The law must show that it is necessary to serve a compelling government interest
• B. The law must be substantially related to an important government interest
• C. The woman must show that the law serves no important public purpose
• D. The legislature did not have a rational basis for enacting the law

Answer: (A)

The fundamental right to marry triggers the strict scrutiny standard. Because the law directly limits who may marry by conditioning remarriage on being current on child-support, it burdens a core liberty. Under strict scrutiny, the state must show that the law serves a compelling government interest and that it is necessary (i.e., narrowly tailored) to achieve that interest. The government’s aim of enforcing child-support obligations is a compelling purpose, and the law must be demonstrated as necessary and narrowly tailored to accomplish that goal. This is why the best fit is the option describing necessity to serve a compelling government interest. Other standards (intermediate or rational-basis) are insufficient for a restriction on a fundamental right like marriage.

The fundamental right to marry triggers the strict scrutiny standard. Because the law directly limits who may marry by conditioning remarriage on being current on child-support, it burdens a core liberty. Under strict scrutiny, the state must show that the law serves a compelling government interest and that it is necessary (i.e., narrowly tailored) to achieve that interest. The government’s aim of enforcing child-support obligations is a compelling purpose, and the law must be demonstrated as necessary and narrowly tailored to accomplish that goal. This is why the best fit is the option describing necessity to serve a compelling government interest. Other standards (intermediate or rational-basis) are insufficient for a restriction on a fundamental right like marriage.