LEGL 311: Midterm

What is one of the most important constitutional amendments in family law?

14th Amendment

Why is the 14th amendment the most important constitutional amendments?

It limits what state governments can do to individuals

What are the two major protections of the fourteenth amendment?

Due process clause and equal protection clause

Due Process Clause

Government cannot deprive a person of life, liberty, or property without due process of law

Equal Protection Clause

Government cannot deny a person equal protection of the laws

What amendment establishes a broad constitutional definition of U.S. citizenship?

14th Amendment

What are the two major meanings of due process?

Substantive due process and procedural due process

Substantive Due Process

Protects certain fundamental rights/liberty interests from unjustified government interference

What question must be asked when thinking about substantive due process?

What right is the government prohibited from interfering with in the first place?

How to remember the meaning of substantive due process:

Substantive = substance of the right

What are some examples of substantive due process historically recognized by the Supreme Court include certain rights?

• Marriage

• Family relationships

• Child-rearing

• Procreation

• Contraception

• Certain intimate personal decisions

What question must be asked when thinking about procedural due process?

Was the government’s procedure fair?

Procedural Due Process

Requires the government to use fair and impartial procedures before depriving someone of life, liberty, or property

How to remember the meaning of procedural due process due process:

Procedural = process/procedure

What are some examples of procedural due process?

• Notice

• Opportunity to be heard

• Fair hearing

• Impartial decision-maker

• Consistent application of legal rules

What is the difference between substantive and procedural due process?

Substantive protects certain rights and focuses on the right itself while procedural protects fair procedures and focuses on how the government acted

Family law is primarily a matter of ____ law and is generally handled by ____ courts

State

Why has, historically, family law changed relatively slowly?

• Marriage and family rules were deeply connected to social morality

• Communities often accepted traditional family structures

• Legislatures were reluctant to change controversial family laws

• Family law reflected the social values of the time

• Constitutional challenges eventually became an important mechanism for changing discriminatory or overly intrusive family laws

When was there a major shift in family law?

Beginning in the 1960s when the Supreme Court increasingly recognized constitutional protections involving privacy, liberty, equality, marriage, and intimate family decisions

What in family law would the Founding Fathers not have anticipated about the future in the Constitution?

• Modern medicine

• Birth control

• Assisted reproductive technology

• Modern family structures

• Same-sex marriage

• Modern reproductive technology

• Other technological and social developments

Since the constitution is outdated, courts must determine how constitutional principles apply to what?

Modern circumstances

When was Griswold v. Connecticut?

1965

What is the citation for Griswold v. Connecticut?

381 U.S. 479 (1965)

What are the facts of Griswold v. Connecticut?

• Connecticut had a law prohibiting the use of contraceptives which also punished people who assisted or encourages others to use it

• Estelle Griswol was the Executive Director of Planned Parenthood in Connecticut

• Dr. C. Lee Buxton was a physician and medical director

• They did things such as providing information about contraception, gave medical advice to married couples, examined patient, and recommended contraception

• Never necessarily provided the products themselves

• They were prosecuted as accessories to the illegal use of contraception

What is the issue in Griswold v. Connecticut?

Does the Constitution protect a married couple’s right to use contraception from government interference?

What was the key constitutional concept of Griswold v. Connecticut?

Right to privacy

What was the holding in Griswold v. Connecticut?

(Yes) SCOTUS held that Connecticut’s law prohibiting the use of contraceptives unconstitutionally invaded marital privacy

How did the court recognize right to privacy in Griswold v. Connecticut?

Even though the word privacy does not appear explicitly in the constitution, the court reasoned that several constitutional guarantees create “zones of privacy"

What amendments contribute to the constitutional privacy concept?

1, 3, 4, 5, and 9

How does the first amendment contribute to the constitutional privacy concept?

Protects association and expression and certain rights of association imply privacy

How does the third amendment contribute to the constitutional privacy concept?

Protects against quartering soldier in private homes without consent

How does the fourth amendment contribute to the constitutional privacy concept?

Protects people against unreasonable searches and seizures and particularly protects privacy in one’s person, home, papers, and effects

How does the fifth amendment contribute to the constitutional privacy concept?

Self-incrimination protections create a zone of privacy

How does the ninth amendment contribute to the constitutional privacy concept?

Recognizes that people retain rights beyond those specifically listed in the Constitution

Penumbra

Areas surrounding explicit constitutional rights that help protect related liberties

Several constitutional protections, taken together, create _____ __ ______ that restrict government intrusion

Zones of privacy

Why marriage was important to the Griswold case?

The Court emphasized that marriage is an extremely intimate relationship and the government cannot simply intrude into the private marital relationship to regulate intimate decisions

What did Griswold v. Connecticut establish?

A constitutional right to marital privacy protecting married couples’ use of contraception from unjustified government interference

When was Eisenstadt v. Baird?

1972

What is the legal citation for Eisenstadt v. Baird?

405 U.S. 439 (1972)

Why does Eisenstadt v. Baird matter?

It establishes if protection belongs only to married couples or to individuals

What are the facts of Eisenstadt v. Baird?

• Massachusetts law restricted distribution of contraceptives

• Married people could obtain contraceptives through registered physicians or pharmacists and prescriptions

• Unmarried people were excluded from the same protection

• William Baird who was neither a doctor nor pharmacist gave an unmarried woman contraceptive foam after a lecture about birth control

• He was arrested and convicted

What is the issue of Eisenstadt v. Baird?

Can the government treat married and unmarried people differently when regulating access to contraception?

What is the holding of Eisenstadt v. Baird?

(No) SCOTUS held that Massachusetts violated the Equal Protection Clause of the 14th Amendment by treating married and unmarried people differently

In Eisenstadt v. Baird, the Court asked whether there was a ______ _____ for treating married and unmarried people differently

Rational reason

What was the state’s case in Eisenstadt v. Baird for treating married and unmarried people differently?

Justifications such as discouraging premarital sex, promoting morality, and protecting public health

What is the reasoning for the holding in Eisenstadt v. Baird?

If contraception is available to married people, denying it to unmarried people cannot be justified simply because the state disapproves of premarital sex

What is the difference between the major principle in Griswold and Eisenstadt?

Griswold = marital privacy, Eisenstadt = Individual privacy/equality regardless of marital status

What is the major principle of Eisenstadt v. Baird?

The Court shifted the focus from marriage as the protected relationship to the individual’s personal liberty

When was Loving v. Virginia?

1967

What is the legal citation for Loving v. Virginia?

388 U.S. 1 (1967)

What are the facts for Loving v. Virginia?

• Richard Loving, a White man, and Mildred Jeter Loving, a black woman, wanted to marry

• Virginia law prohibited interracial marriage

• Couple traveled to D.C. where interracial marriage was legal, married there, returned to Virginia, arrested, and convicted

• Couple received suspended prison sentences conditioned upon leaving Virginia for 25 years

What were the constitutional issues in Loving v. Virginia?

Violating the equal protection (race) and due process (liberty interest) clause of the 14th Amendment

What was the holding in Loving v. Virginia?

• Struck down Virginia’s interracial-marriage prohibition

• Racial classifications in marriage laws violate the equal protection clause

• Marriage is a fundamental right protected by the due process clause

• A state cannot unreasonably interfere with an individual’s freedom to marry

What was the extremely important family law principle that Loving v. Virginia established?

Marriage is a fundamental constitutional right

What did the Court describe marriage as in Loving v. Virginia?

One of the vital personal rights essential to the pursuit of happiness

What did Loving v. Virginia show about states power over regulating marriage?

Since marriage is fundamental, government restrictions on marriage receive serious constitutional scrutiny so state authority is not unlimited

How did Loving v. Virginia’s issue violation the equal protection clause?

Race discrimination

How did Loving v. Virginia’s issue violation the due process clause?

Due process

When was Zablocki v. Redhail?

1978

What is the legal citation for Zablocki v. Redhail?

434 U.S. 374 (1978)

What are the facts of Zablocki v. Redhail?

• Wisconsin required certain people to obtain court permission before receiving a marriage license

• Law applied to people who had a minor child not living with them, had a court-ordered child support obligation, were behind on child support

• Judge could allow the person to marry only if child support payments were current and the child was not receiving public assistance

• Afton Redhail owed child support, and his child was receiving public assistance

• Applied for a marriage license

• State denied it because he had not satisfied the child support requirements

What was the issue in Zablocki v. Redhail?

Can a state prevent someone from marrying because they have unpaid child support?

What is the holding in Zablocki v. Redhail?

(Generally, no) SCOTUS held that Wisconsin’s law violated the 14th Amendment because it substantially interfered with the fundamental right to marry

What is the important principle of Zablocki v. Redhail?

A state cannot make marriage effectively dependent upon a person’s financial status

What does Zablocki v. Redhail reinforce?

Loving because since marriage is a fundamental right, the government cannot place substantial barriers in the way of marriage without sufficient constitutional justification

What is the case progression of marriage as a constitutional development?

Griswold → Loving → Eisenstadt → Zablocki

What are some things that states traditionally have authority over in terms of family law and marriage?

• Marriage licenses

• Marriage procedures

• Divorce

• Child custody

• Child support

• Adoption

• Property division

• Other domestic-relations matters

State authority over the family law is subject to the ___ _________

U. S. Constitution

When was Dobbs v. Jackson?

2022

What is the legal citation for Dobbs v. Jackson?

597 U.S. 215 (2022)

Why is Dobbs v. Jackson important?

It changed the constitutional landscape surrounding privacy and substantive due process

What is the holding for Dobbs v. Jackson?

• SCOTUS overruled Roe v. Wade and Planned Parenthood v. Casey

• Constitution does not confer a right to abortion

• Abortion is not a right deeply rooted in the nation’s history and traditions in the manner required for substantive due process protection

Why does Dobbs v. Jackson matter to family law?

Constitutional doctrines can change as the Supreme Court reinterprets earlier precedent

Does incarceration eliminate the fundamental right to marry?

(Not automatically) Incarceration restricts some rights, but prisoners retain constitutional protections unless a valid legal justification permits the restriction

What was the Alabama Embryo Issue?

Whether embryos maintained outside the womb could receive legal treatment similar to children under Alabama law?

Anti-Miscegenation Law

A law prohibiting interracial marriage or relationships

What is the development of the legal fight over same-sex marriage?

Limited relationship benefits → domestic partnerships → civil unions → full marriage equality

What is the central constitutional question about same sex marriage?

Whether denying same sex couples the right to marry violated the due process and equal protection principles?

Domestic Partnerships

Lowest level of legal recognition for same sex relationships

How did the term domestic partnerships develop?

Through businesses, especially companies competing for employees

Who was the first state to provide domestic-partner benefits to state employees?

Vermont

What was the main problem about the benefits provided to domestic partners?

They were limited and did not provide the full legal status of marriage

What was the holding of Baehr v. Miike?

Hawaii’s Supreme Court found that excluding same sex couples from marriage could constitute discrimination based on sex and required the state to show a compelling state interest in denying marriage licenses

When was Baehr v. Miike?

1992

What came out of Baehr v. Miike?

Reciprocal beneficiaries

What were the benefits established for reciprocal beneficiaries?

• Health plans

• Property rights

• Inheritance

• Funeral/death benefits

What was the holding of Baker v. State?

Denying same sex couples the benefits and protections associated with marriage violated the Vermont Constitution

When and where was Baker v. State?

Vermont, 1999

What came out of Baker v. State?

Civil unions which created the same legal benefits as marriage but not the title/name of marriage

Why were the creation of civil unions controversial?

It created the question if equal benefits are enough, or is the legal status/name of marriage itself constitutionally significant

Historically, what did state legislation do to combat same sex marriage?

30 state legislatures enacted laws that established marriage as between one man and one woman

When was the political/legal trend shift around same sex marriage?

2012

What is the core mandate is established in 23 PA.C.S. § 3502?

Upon request during a divorce or annulment, the court equitably divides, distributes, or assigns marital property in kind or otherwise without regard to marital misconduct and may consider each marital asset or group of assets independently and apply different distribution percentages

What are the key factors for division according to 23 PA.C.S. § 3502 (a)?

• Marriage background

• Economic profile

• Earning capacity and contributions

• Financial obligations and benefits

• Custody

What are the court powers and remedies for division according to 23 PA.C.S. § 3502 (b-d, f)?

Property security and housing

What are the court powers and remedies for division discussed in 23 PA.C.S. § 3502 (b)?

Liens - court may impose a lien/charge on property as security for alimony

What are the court powers and remedies for division discussed in 23 PA.C.S. § 3502 (c)?

Family home - court may award the right to reside in the marital residence during or after proceedings

What are the court powers and remedies for division discussed in 23 PA.C.S. § 3502 (d)?

Life/health insurance - court may order maintenance/beneficiary updates on existing policies or order purchase of new policies to protect a party’s interests

What are the court powers and remedies for division discussed in 23 PA.C.S. § 3502 (f)?

Partial distribution - court may grant an interim partial distribution of marital property at any stage of proceedings