Boddie v. Connecticut - Lecture notes 11 PDF

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Constitutional Law II 2020 case brief for Boddie...

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BODDIE v. CONNECTICUT 401 U.S. 371 (1971) FACTS: Parties: Appellant: Boddie (Π) Appellee: Connecticut (Δ) Procedural History:  Relevant Facts: 

Π, welfare recipients, brought this action challenging certain state procedures for commencement of litigation, including requirements for payment of court fees and costs for service of process, that restrict their access to the courts to file for divorce

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The average cost for divorce is $60

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An additional $15 is usually required for service although up to $50 may be required for publication

ISSUE: 

Whether due process prohibits a state from denying, solely because of inability to pay, access to its courts to individuals who seek judicial dissolution of their marriages

PARTIES’ ARGUMENTS: Appellant:  Appellee:  DISPOSITION OF THE COURT:  RULE OF LAW: 

A state may not, consistent with the obligations imposed on it by the Due Process Clause of the 14th Amendment, pre-empt the right to dissolve this legal relationship without affording all citizens access to the means it has prescribed for doing so

HOLDING: 

Given the basic position of the marriage relationship in this society’s hierarchy of values, due process prohibits a state from denying access to its courts for lack of funds

COURT’S REASONING:  

Resort to the state court is the only avenue for Π

CONCURRING OPINION:  DISSENTING OPINION: ...