he State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these concepts?) 2. What type of tests could the court use, and which one should it use to determine if a violation of DP or EP has occurred (You learned of different types of tests used for different types of rights/classes) 3. Discussion of any case law aware of, that may inform your Justice of how the right to marry has been seen in the past and is currently viewed in America as a right against the government? should be able to identify what the EP clause is, where it is found, what the DP clause is where it is found, how it applies to the state action, what the rights generally are, and then the tests that are used for them when reviewing state actions (rational basis, strict scrutiny, intermediate review), explain how the right to marriage is included in the Constitution, and the arguments against this inclusion, then walk through the case law relating to the courts slowly recognizing more and more of the right to marriage. speak on any arguments that may arise out of newer case law pulling back on the right to privacy and how it works with marriage, abortion, sexual origination, and the like.
The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statue. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on: 1. The Equal Protection clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these concepts?) 2. What type of tests could the court use, and which one should it use to determine if a violation of DP or EP has occurred (You learned of different types of tests used for different types of rights/classes) 3. Discussion of any case law aware of, that may inform your Justice of how the right to marry has been seen in the past and is currently viewed in America as a right against the government? should be able to identify what the EP clause is, where it is found, what the DP clause is where it is found, how it applies to the state action, what the rights generally are, and then the tests that are used for them when reviewing state actions (rational basis, strict scrutiny, intermediate review), explain how the right to marriage is included in the Constitution, and the arguments against this inclusion, then walk through the case law relating to the courts slowly recognizing more and more of the right to marriage. speak on any arguments that may arise out of newer case law pulling back on the right to privacy and how it works with marriage, abortion, sexual origination, and the like.
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