Moe v. Dinkins

533 F.Supp. 623 (2nd Cir. 1981)

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Nature of the Case

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Facts

Moe (P) and others sought a judgment declaring unconstitutional a parental consent requirement that males between 16-18 and females between 14-18 must obtain written consent to the marriage from both parents. The law also requires a women between 14-16 obtain not only parental consent but also judicial approval. P filed a motion for summary judgment with the plaintiff class consisting of all persons who are forced to comply with the regulations, and the defendant class was all town and city clerks in New York State. The defendant class was represented by David Dinkins (D), City Clerk of New York City. Plaintiff Raoul was 18 years old, plaintiff Maria (P) was fifteen years old, and plaintiff Ricardo is their one-year-old son born out of wedlock. Raoul, P, and Ricardo live as a family unit. P requested consent to marry, but her mother refused because she still wants to receive welfare payments on the girl. P contends that the consent statute violates their liberty under Due Process.