Zablocki v. Redhail

In the 1970s, a Wisconsin statute provided that a non-custodial parent with court-ordered child support obligation could not get married. A parent delinquent on child support payments was required to obtain judicial approval prior to marrying.

Robert Redhail had fallen behind on court-ordered child support payments. His underage daughter was receiving welfare benefits.

In late 1974, Redhail applied for a marriage license with the county clerk in Milwaukee, Wisconsin. He sought to marry a new woman with whom he was expecting another child. His application to marry was denied.

Redhail filed a lawsuit against Zablocki (defendant), the County Clerk of Milwaukee County.