Orr v. Orr, 440 U.S. 268 (1979)

Facts

  • William Herbert Orr and Lillian M. Orr divorced in Alabama in 1974, and the decree required William to pay Lillian $1,240 per month in alimony under Alabama alimony statutes.
  • Alabama law authorized courts to order alimony payments from husbands to wives, but did not impose corresponding obligations on wives.
  • In 1976, Lillian filed a contempt petition alleging William was in arrears on alimony.
  • At the contempt hearing, William challenged the alimony statutes as unconstitutional sex-based classifications under the Equal Protection Clause, without seeking alimony for himself.
  • Alabama courts rejected the equal protection challenge and enforced the alimony obligation.

Issues

  1. Whether the Supreme Court had jurisdiction to review the federal constitutional claim where the husband did not seek alimony and first raised the challenge during the contempt proceeding.
  2. Whether Alabama’s statutory scheme imposing alimony obligations on husbands, but not wives, violated the Equal Protection Clause of the Fourteenth Amendment.

Decision

  • The Court found jurisdiction proper: William had a personal stake because invalidation of the statutes was his only route to relief from the alimony burden.
  • The Court concluded there was no adequate and independent state ground barring review because the state courts addressed the federal claim on the merits.
  • Applying heightened review for sex-based classifications, the Court held Alabama’s husband-only alimony statutes violated the Equal Protection Clause.
  • The Court reversed the judgment upholding enforcement of the alimony obligation under the sex-based statutory scheme.
  • Sex-based classifications are subject to Equal Protection scrutiny and must serve important governmental objectives and be substantially related to achieving those objectives.
  • A state may pursue support for needy spouses and may seek to remedy economic disadvantages associated with marriage, but sex cannot be used as a categorical proxy for need when individualized financial determinations are feasible.
  • A law that provides benefits to well-off members of the favored sex while excluding needy members of the disfavored sex is not substantially related to asserted remedial goals.
  • Remedial sex classifications must be carefully drawn and cannot rest on traditional role assumptions or broadly framed generalizations about men and women.

Conclusion

The Court invalidated Alabama’s gender-specific alimony statutes because requiring only husbands to pay alimony was not substantially related to important state interests where need and resources could be assessed through gender-neutral criteria.