Orr v. Orr

Facts of the case

William and Lillian Orr were divorced in February 1974. William Orr was ordered to pay monthly alimony of $1,240. Lillian Orr sued William Orr for lack of payments in July 1976. Alabama's alimony statutes only required husbands to pay alimony, but not wives. William Orr challenged these statutes as unconstitutional. The Lee County Circuit Court ruled against him. The Court of Civil Appeals of Alabama affirmed this ruling. The Supreme Court of Alabama granted a writ of certiorari that was later dismissed.

Question

(1) Does the Supreme Court have jurisdiction over William Orr's challenge?

(2) Do Alabama's alimony statutes violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

Yes and yes. In a 6-3 opinion, the Court established its jurisdiction over the question and ruled that Alabama's statutes were unconstitutional. In writing for the majority, Justice William J. Brennan, Jr. maintained that under the Equal Protection Clause, "classifications by gender must serve important governmental objectives." The Court rejected several objectives proposed by the Alabama Court of Civil Appeals, holding that gender was not an "accurate proxy" for financial need. Justices Harry A. Blackmun and John Paul Stevens each wrote concurring opinions.

Supreme Court of the United States

440 U.S. 268, 59 L. Ed. 2d 306, 99 S. Ct. 1102, 1979 U.S. LEXIS 65, SCDB 1978-049

No. 77-1119

1979-03-05

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