Opinion

Orr v. Orr

  • 440 U.S. 268
  • 99 S. Ct. 1102
  • 59 L. Ed. 2d 306
  • 1979 U.S. LEXIS 65
Court
Supreme Court of the United States
Filed
Mar 5, 1979
Status
Published
Author
Stevens
On the bench
Brennan, Stewart, White, Marshall, Blackm, Stevens, Blackmun, Powell, Rehnquist, Burger
Cited by
593 cases

finding "no reason, therefore, to use sex as a proxy for need" where the alimony statute already provided for individualized hearings that took financial circumstances into account

How later courts described this case

  • finding "no reason, therefore, to use sex as a proxy for need" where the alimony statute already provided for individualized hearings that took financial circumstances into account
  • holding unconstitutional an Alabama statutory scheme of imposing alimony obligations on husbands but not wives as a violation of the Equal Protection Clause of the Fourteenth Amendment
  • stating that a federal litigant may win a constitutional challenge without ultimately whining the relief he specifically requested
  • explaining that to survive intermediate scrutiny, practice must further state’s interest better than would its absence.

Written by the judges who cited it.

Distinguished

  • Distinguished by Freedom from Religion Foundation v. Koskinen, 72 F. Supp. 3d 963 (2014)

    For this reason, the case plaintiffs cite, Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102, 59 L.Ed.2d 306 (1979), is distinguishable.
    District Court, W.D. WisconsinDec 17, 2014Read it
  • Distinguished by In Re Estate of Miltenberger, 482 Mich. 901 (2008)

    But Orr is distinguishable for significant reasons that exemplify the differences between the case before us and the cases on which the dissent relies.
    Michigan Supreme CourtJul 31, 2008Read it
  • Distinguished by Polykoff v. Collins, 816 F.2d 1326 (1987)

    See Orr v. Orr, 440 U.S. 268, 278 n. 8, 99 S.Ct. 1102, 1111 n. 8, 59 L.Ed.2d 306 (1979) (holding that Pullman is inapplicable when the state court has already considered the issue).
    Court of Appeals for the Ninth CircuitMay 7, 19872 citing opinionsRead it
  • Distinguished by Richardson v. Richardson, 1980 Tenn. App. LEXIS 324 (1980)

    As to the issues raised by Mr. Richardson, we agree with the Trial Court that Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102, 59 L.Ed.2d 306 (1979), is inapplicable.
    Court of Appeals of TennesseeFeb 22, 1980Read it

The opinion

Mr. Justice Stevens,

concurring.

Whether Mr. Orr has a continuing contractual obligation to pay alimony to Mrs. Orr is a question of Alabama law that the Alabama courts have not yet decided. In Part I-B of his opinion, Mr. Justice Rehnquist seems to be making one of two alternative suggestions:

(1) that we should decide the state-law issue; or

*285 (2) that we should direct the Supreme Court of Alabama to decide that issue before deciding the federal constitutional issue.

In my judgment the Court has correctly rejected both of these alternatives. To accept either — or a rather confused blend of the two — would violate principles of federalism that transcend the significance of this case. * I therefore join the Court's opinion.

Even if I could agree with Mr. Justice Rehnquist’s view that Mr. Orr’s probability of success on the state-law issue is so remote that we should deny him standing to argue the federal question decided by the Alabama Supreme Court, I still would not understand how he reached the conclusion that the litigation between Mr. and Mrs. Orr is not a "case or controversy” within the meaning of Art. III.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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