MILLER v. MORRIS

No. 878S179.

386 N.E.2d 1203 (1979)

Garland MILLER, in His Official Capacity As County Clerk of Delaware County, Indiana, Appellant (Defendant below), v. Linda MORRIS, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 26, 1979.


Attorney(s) appearing for the Case

Theo. L. Sendak, Atty. Gen., Robert C. Swain, Deputy Atty. Gen., Indianapolis, for appellant.

Kenneth J. Falk and Dean L. Sutton, Muncie, for appellee.


HUNTER, Justice.

This is an appeal from a judgment of the Delaware Superior Court in which the court held that a portion of Ind. Code § 31-1-3-3 (Burns Supp. 1978) is unconstitutional. The statute deals with restrictions on the issuance of marriage licenses and provides in part that a marriage license shall not be issued to any person who has dependent children unless that person proves that he is supporting or contributing to the support of each dependent child...

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