Demotte v. Demotte

I am unable to agree with the opinion of the court, holding, in effect, that there is no reasonable basis for the classification sought to be made by the amendment and that such rights under the divorce statute as existed before the amendment do not remain the same.

The effect of the amendment under consideration is to divide married women into two classes — those with and those without living children. The legislature, in classifying objects relating to the safety, welfare, health and morals of the citizens, is exercising a police power. In doing so it is vested with a wide discretion.…