Isreal v. Allen

577 P.2d 762 (1978)

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Nature of the Case

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Facts

Martin and Tammy (Ps), are brother and sister related by adoption and are not related by either the half or the whole blood. Raymond, the natural father of Martin, and Sylvia, the natural mother of Tammy, were married on November 3, 1972. At the time of their marriage, Martin was 18 years of age and was living in the State of Washington; Tammy was 13 years of age and was living with her mother in Denver, Colorado. Raymond adopted Tammy on January 7, 1975. Ps desire to be married in the State of Colorado. D denied Ps a license to marry based on section 14-2-110(1)(b), C.R.S. 1973: “(b) A marriage between an ancestor and a descendant or between a brother and sister, whether the relationship is by the half or the whole blood or by adoption; . . .' P sued D seeking declaratory relief, and the district court found that marriage is a fundamental right and that no compelling state interest is furthered by prohibiting marriage between a brother and sister related only by adoption. D appealed.