No. 20-1030

Tommie Rae Brown v. Deanna Brown-Thomas, et al.

Lower Court: South Carolina
Docketed: 2021-01-28
Status: Denied
Type: Paid
Response Waived
Tags: due-process equal-protection fundamental-right-to-marry judicial-decree marriage-validity retroactive-application retroactivity void-marriage
Latest Conference: 2021-03-19
Question Presented (from Petition)

I. Whether requiring the class of persons in
marriages that are void ab initio to obtain a judicial
decree of invalidity before remarrying violates the Due
Process and Equal Protection Clauses of theFourteenth Amendment, and particularly violates thefundamental right to marry.

II. Whether allowing non-parties to attack the in
rem order annulling petitioner's 1997 marriage violates
long-settled precedent of the Court and the DueProcess and Equal Protection Clauses of theFourteenth Amendment, and particularly violates thefundamental right to marry.

III. Whether applying a decision affecting the
fundamental right of marriage neither fullyretroactively nor purely prospectively violatesprecedent of the Court, as to which the courts ofappeals are in conflict.

Question Presented (AI Summary)

Whether requiring the class of persons in marriages that are void ab initio to obtain a judicial decree of invalidity before remarrying violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and particularly violates the fundamental right to marry

Docket Entries

2021-03-22
Petition DENIED.
2021-02-24
DISTRIBUTED for Conference of 3/19/2021.
2021-02-17
Waiver of right of respondent Deanna Brown-Thomas, et al. to respond filed.
2021-01-20
Petition for a writ of certiorari filed. (Response due March 1, 2021)

Attorneys

Deanna Brown-Thomas, et al.
Marc ToberoffToberoff & Associates, P.C., Respondent
Tommie Rae Brown
Jason Scott Luck — Petitioner