This section contains the nature of the case and procedural background.

A Missouri regulation held that an inmate may only marry with the permission of the superintendent of the prison and that such approval should only be given when there are compelling reasons to do so. Prison officials indicated that a compelling reason would be when a child is to be born to prevent that child from being labeled as illegitimate. Petitioners urge that the regulation such as this should be tested under a reasonableness standard and not the fundamental right standard that marriage has been tested under in Zablocki and Redhail.

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