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The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone
- The State of Florida has passed a statute nullifying any marriage that has previously been recognized, as well as outlawing any future marriages, for anyone who did not attend college. The statute gives no notice to any married couple and gives them no ability to challenge the statute. This statute has been challenged as unconstitutional by a group of married individuals as well as marriage equality groups. The groups have filed a Writ of Certiorari with the Supreme Court of the United States, which was granted. You are a law clerk for one of the nine Supreme Court Justices. Your task is to outline what arguments might be filed in a brief filed by both sides of this issue, so your Justice will be prepared for the arguments made by either side. Please include arguments for those supporting and those opposing the law. These arguments should focus on:
- 1. The Equal Protection Clause and the Due Process Clause (what analysis will a court perform to decide if there is a violation of these concepts?)
- 2. What type of tests could the court use, and which one should it use to determine if a violation of DP or EP has occurred?
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As a law clerk for one of the nine Supreme Court Justices I will provide arguments that could potentially be made by both sides of this issue including supporting and opposing the Florida statute that ...Get Instant Access to Expert-Tailored Solutions
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