Alabama Rules Of Civil Procedure (ARCP) And Constitutional Law Practice Test

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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?

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

Correct Answer:

The law must show that it is necessary to serve a compelling government interest

Explanation:

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.

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