Boddie v. Connecticut, 401 U.S. 371 (1971)

Boddie v. Connecticut


No. 27


Argued December 8, 1969
Reargued November 17, 1970
Decided March 2, 1971
401 U.S. 371

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF CONNECTICUT

Syllabus

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.