Judicial review; remedies; state and federal courts.

Question

State S passed a statute banning marriages between people of different faiths. They did so, they said, in order to strengthen the religious upbringing of children of all faiths by avoiding conflicting holidays and teachings.

You are an attorney in State.  Atheists United (AU) consults you about filing a lawsuit to challenge S’s new law.

(3 points) AU has heard about courts elevating scrutiny. Briefly explain what that means. What can AU argue to encourage the court to elevate scrutiny in this case?

(1 point) What type of remedy/ies can AU seek in court?

(1 point) Briefly explain whether AU should file in state or federal court and why.

Answer 1

As of January 2022, State laws must comply with Consitutional principles. THey cannot ban marriages between two consenting adults based on characteristics like race, gender or religion.

Remedy sought is to declare the State law Unconsitutional.

AU should file in Federal Court because the case involves the Consitutionality of a State Law