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MOE v. DINKINS

No. 80 Civ. 1577 (CBM).

533 F.Supp. 623 (1981)

Maria MOE, Raoul Roe, and Ricardo Roe, an infant, by his father Raoul Roe, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. David DINKINS, individually, and as City Clerk of New York City, on behalf of himself and all town and city clerks in New York State, and David Axelrod, individually, and as New York State Commissioner of Health, Defendants.

United States District Court, S. D. New York.

August 17, 1981.

Attorney(s) appearing for the Case

Washington Square Legal Services, Inc. by Janet M. Calvo, Arlene Kanter (Legal Intern), New York City, for plaintiffs.

Allen G. Schwartz, Corp. Counsel by Stephen P. Kramer, Marian A. Campbell, New York City, for defendant David Dinkins.

Robert Abrams, Atty. Gen., of N. Y. by Robert Schack, Florence Abrams, Asst. Attys. Gen., New York City, for defendant Axelrod.

MEMORANDUM OPINION

MOTLEY, District Judge.

Plaintiffs Maria Moe, Raoul Roe and Ricardo Roe seek a judgment declaring unconstitutional, and enjoining the enforcement of, the parental consent requirement of New York Domestic Relations Law §§ 15.2 and 15.3 (Section 15). Section 15.2 provides that all male applicants for a marriage license between ages 16 and 18 and all female applicants between ages 14 and 18 must obtain "written consent to the marriage...

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