Peterson v. Widule
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: F. O. Esohweileb, Circuit Judge. Mandamus action. The petitioner applied to the defendant as county clerk for a marriage license, and received a blank form of certificate, such as is required by see. 2339m, Stats.
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Appeal from a judgment of the circuit court for Milwaukee county: F. O. Esohweileb, Circuit Judge. Mandamus action. The petitioner applied to the defendant as county clerk for a marriage license, and received a blank form of certificate, such as is required by see. 2339m, Stats. He presented himself to four physicians for examination to determine whether he had a venereal disease, tendering each of them the statutory fee of $3. Each physician refused to make the examination because such fee was insufficient compensation for making the Wassermaim test for syphilis, which the physicians…
1Opinion of the Court
Winslow, O. J.
The ease presents simply the question whether the so-ealled eugenics law is constitutional. It was held unconstitutional by the trial court because (1) it is an unreasonable restriction upon the inalienable right of marriage; (2) it impairs the inherent right to enjoy life, liberty, and the pursuit of happiness; (3) it interferes with religious freedom.
Before taking up for discussion the specific objections to the law, some general, fundamental propositions, which are not open to question, may profitably be stated.
The power of the state to control and regulate by reasonable laws…
2Cases cited1 opinion
- State v. EvansWisconsin Supreme Court · 1907
3Cited by24 opinions
- Petition of BreidenbachWisconsin Supreme Court · 1934
- Kreutzer v. WestfahlWisconsin Supreme Court · 1925
- State ex rel. Hickey v. LevitanWisconsin Supreme Court · 1926
- State v. CoubalWisconsin Supreme Court · 1945
- Doering v. SwobodaWisconsin Supreme Court · 1934
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