Phelps v. Bing

The plaintiffs, Larry Phelps, age 20, and Nikki Rexroad, age 19, sought a marriage license in Champaign County where both were residents. The defendant, Champaign County Clerk Dennis Bing, refused to issue the license because Phelps was not 21 years old and had no parent or legal guardian to give consent as required by the provisions of sections 3 and 6 of the Marriage Act (Ill. Rev. Stat. 1973, ch. 89, pars. 3, 6). Plaintiffs then filed a petition for a writ of mandamus alleging that section 3(b) of the Marriage Act is unconstitutional in that it discriminates in age requirements between…