BODDIE V. CONNECTICUT
401 U.S. 371 (1971)
NATURE OF THE CASE: This was a dispute over court fees in order to get a divorce.
FACTS: The State of Connecticut required an average cost of $60 in court fees to bring a
divorce in their courts. Boddie was unable to pay either the court fees required by statute
or the costs incurred for the service of process. The clerk of the Superior Court returned
the papers on the ground that he could not accept them until the proper fees had been paid.
Subsequent efforts to obtain a fee waiver were of no avail. Boddie (P) filed this action in
Federal District Court for relief by declaring the statute that required such fees for
divorce unconstitutional. A three-judge court was convened pursuant to 28 U.S.C. 2281, and
that court concluded that a state [may] limit access to its civil courts and, particularly,
in this instance, to its divorce courts, by the requirement of a filing fee or other fees
which effectively bar persons on relief from commencing actions therein. The Supreme Court
granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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