A divorcee is prevented from remarrying unless current on all child support payments. What standard of review applies to the constitutionality of this law?

A divorcee is prevented from remarrying unless current on all child support payments. What standard of review applies to the constitutionality of this law?

• A. The state must show that the law is necessary to serve a compelling government interest.
• B. The state must show that the law is 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. Laws that restrict a person’s right to marry must be justified by a compelling government interest and must be narrowly tailored to achieve that interest. In this scenario, preventing a divorcee from remarrying until current on all child support payments directly affects the right to marry, so the state bears the burden to show a compelling interest and that the restriction is necessary and narrowly tailored to accomplish it. That’s why the correct standard is that the law must serve a compelling government interest, not merely a substantial or rational basis. The other options reflect intermediate or rational-basis scrutiny, which do not apply to fundamental rights like marriage.

The fundamental right to marry triggers the strict scrutiny standard. Laws that restrict a person’s right to marry must be justified by a compelling government interest and must be narrowly tailored to achieve that interest. In this scenario, preventing a divorcee from remarrying until current on all child support payments directly affects the right to marry, so the state bears the burden to show a compelling interest and that the restriction is necessary and narrowly tailored to accomplish it. That’s why the correct standard is that the law must serve a compelling government interest, not merely a substantial or rational basis. The other options reflect intermediate or rational-basis scrutiny, which do not apply to fundamental rights like marriage.