Hypotheticals

Brian Short v. State of Florida

Is it legal for the State of Florida to prohibit the marriage of two very short people to each other, using the rationale that two short people are likely to produce short children and short children are less likely to help maintain dominance in state athletic programs and in more danger of falling into holes and not fitting properly into seatbelts?

Relevant Legal Concepts from Text

The Fourteenth Amendment prohibits the making or enforcing of any laws "which shall abridge the privileges or immunities of citizens of the United States" (U.S. Const. amend. XIV).

Relevant Case Law from Text

"Marriage is one of the "basic civil rights of man," fundamental to our very existence and survival" (Loving v. Virginia). "To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the...
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