Mr. Justice Marshall from Zablocki v. Redhail:
. . . .
By reaffirming the fundamental character of the right to marry, we do not mean to suggest that every state regulation which relates in any way to the incidents of or prerequisites for marriage must be subjected to rigorous scrutiny. To the contrary, reasonable regulations that do not significantly interfere with decisions to enter into the marital relationship may legitimately be imposed. The statutory classification at issue here, however, clearly does interfere directly and substantially with the right to marry.
Under the challenged statute,
no Wisconsin resident in the
affected class may marry in Wisconsin or elsewhere without a court
order, and marriages contracted in violation of the statute are both
void and punishable as criminal offenses. Some of those in the affected
class, like appellee, will never be able to obtain the necessary court
order, because they either lack the financial means to meet their
support obligations or cannot prove that their children will not become
public charges. These persons are absolutely
prevented from getting
married. Many others, able in theory to satisfy the statute's
requirements, will be sufficiently
burdened by having to do so that
they will in effect be coerced into forgoing their right to marry. And
even those who can be persuaded to meet the statute's requirements
suffer a serious intrusion
into their freedom of choice in an area in
which we have held such freedom to be fundamental.
III
When a statutory classification significantly interferes with the exercise of a fundamental right, it cannot be upheld unless it is supported by sufficiently important state interests and is closely tailored to effectuate only those interests. Appellant asserts that two interests are served by the challenged statute: the permission-to-marry proceeding furnishes an opportunity to counsel the applicant as to the necessity of fulfilling his prior support obligations; and the welfare of the out-of-custody children is protected. We may accept for present purposes that these are legitimate and substantial interests, but, since the means selected by the State for achieving these interests unnecessarily impinge on the right to marry, the statute cannot be sustained.