Constitutional Law Reform for the Poor: Boddie V. Connecticut

Abstract:     
Boddie v. Connecticut held that filing fees could not bar access to divorce courts by the poor. This article summarizes the events leading up to the decision, the positions of the parties; the opinions of the Justices; and the implications for other cases. It particularly develops the competing due process and equal protection theories in the case. Although limited by the Court's subsequent decision in In Re. Kras, Boddie remains today one of the most frequently cited due process decisions by the Supreme Court.

Keywords: Boddie, divorce, due process, poverty, court fees, hearing, constitutional litigation

Accepted Paper Series