Zablocki V. Redhail - Rehnquist's Dissent

Rehnquist's Dissent

Justice Rehnquist was the only justice to dissent completely from the ruling of the court. Agreeing with Justice Powell, Rehnquist concludes that there is no fundamental right to marriage. Further he would conclude that the appropriate measure for this case is the rational basis test—that the law need be only rationally related to a legitimate State interest. Rehnquist's contends that the appropriate frame of analysis for the Court should be one that is deferential to the concerns of the legislature. The key to this viewpoint is the realization that Wisconsin "'adopted this rule in the course of constructing a complex social welfare system that necessarily deals with the intimacies of family life'"—that Wisconsin made a "permissible exercise of power" even though its results may not be as intended.

Rehnquist also disagreed that Redhail had standing to bring his claim. Examining the record of the District Court and of oral arguments, he finds that it was never verified that Redhail could not pay for his child support obligations. With this argument, the Justice notes that Redhail may not be an acceptable member of his class and thus might not have been able to bring the challenge that he brought. However Rehnquist notes that because he finds the law to be valid, there is no need to reach the question of standing.