Introduction

Question 1

1) Family law is primarily governed by state law.

Answer 1

a) States regulate who can get married, how to get married, how to get divorced, and property division upon divorce.

Question 2

2) Constitutional limits on state laws

Answer 2

There are some famous federal constitutional cases on family law which establish that
marriage is a fundamental right. Because it is a fundamental right, direct burdens on
marriage are not permitted. However, indirect burdens (governing the time and
circumstances of marriage) are permitted. Examples:

i) Marriage cannot be restricted based on race. Loving v. Virginia

ii) A state cannot restrict a person who does not pay child support from getting married. Zablocki v. Redhail

iii) Because marriage is a fundamental right, prisoners can get married (although states can put reasonable restrictions on time and circumstances of marriage). Turner v. Safely

iv) A state cannot restrict same-sex couples from getting married. Obergefell v. Hodges