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Israel v. Allen, 577 P.2d 762 (1978)
The Fourteenth Amendment’s Equal Protection Clause prohibits state governments from treating some persons or classes of persons differently from others without sufficient justification. In Israel versus Allen, we explore the intersection of equal protection and state marriage regulations.
When Raymond Israel married Sylvia Bannon, they each had a child from a previous relationship. Raymond had an 18-year-old son, Martin, and Sylvia had a 13-year-old daughter, Tammy. Raymond subsequently adopted Tammy, making Martin and Tammy brother and sister by adoption.
Once Tammy was an adult, she and Martin decided to marry and sought a marriage license from Norman Allen, the county clerk of Jefferson County, Colorado. But Allen declined to issue the license, relying on a Colorado statute that prohibited marriages between a brother and sister, whether by half blood, whole blood, or adoption.
Martin and Tammy then filed a complaint in state court, seeking a declaratory judgment that the statute’s prohibition of marriage between adopted siblings was unconstitutional. They alleged that it violated the Fourteenth Amendment’s Equal Protection Clause.
The trial court held in the Israels’ favor, finding the provision unconstitutional and striking the portion related to adoption. Allen appealed to the Colorado Supreme Court.
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