A new law enacted by a state legislature requires every couple applying for a marriage license in the state attend a one hour video presentation before the wedding. The video presentation was created by psychologists and relationship counselors to enlighten couples planning on marriage about the growing problem of domestic violence between spouses. A couple decided that they did not want to watch the video and the state denied them a marriage license. The couple filed suit to challenge the statute. Who will have the burden of persuasion?