Boddie v. Connecticut

In view of the basic position of the marriage relationship in our society and the state monopolization of the means for dissolving that relationship, due process of law prohibits a State from denying, solely because of inability to pay court fees and costs, access to its courts to indigents who, in good faith, seek judicial dissolution of their marriage. Pp. 374-383.

286 F. Supp. 968, reversed.

HARLAN, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. DOUGLAS, J., filed an opinion concurring in the result, post, p. 383. BRENNAN, J., filed an opinion concurring in part, post, p. 386. BLACK, J., filed a dissenting opinion, post, p. 389.

Arthur B. LaFrance reargued the cause and filed briefs for appellants.

Raymond J. Cannon, Assistant Attorney General of Connecticut, reargued the cause for appellees. With him on the brief were Robert K. Killian, Attorney General, and William S. Kaplan.

Allan Ashman filed a brief for the National Legal Aid and Defender Association as amicus curiae urging reversal.

Briefs of amici curiae urging affirmance were filed by Francis B. Burch, Attorney General of Maryland, and J. Michael McWilliams, Assistant Attorney General, joined by George F. Kugler, Jr., Attorney General of New Jersey, and by Stephen Skillman, Assistant Attorney General, and by the following Attorneys General: David P. Buckson of Delaware, Jack P.F. Gremillion of Louisiana, Clarence A.H. Meyer of Nebraska, Harvey Dickerson of Nevada, Helgi Johanneson of North Dakota, and Lee Johnson of Oregon.