Mod. 2: Case Analysis
Dominique Gooding
Saint Leo University
CRM 123-OL01
Professor Ward-Thomas
May 17, 2026
, Gooding 2
Case Analysis
Fact Pattern 1: Brian Short v. Florida
Main Issue:
The main issue is whether or not a state statute that bans marriage between two
individuals of short stature violates the Equal Protection and Substantive Due Process guarantees
of the Fourteenth Amendment by restricting a fundamental right based on a non-compelling state
interest.
Relevant Legal Concepts From Text:
Substantive Due Process (Amendment XIV, Section 1) States; not shall any State deprive
any person of life, liberty, or property, without due process of law. (pg. 619).
Equal Protection Clause of the Fourteenth Amendment has been used to strike down
legislation that was enacted for the purpose of discriminating against certain groupings of
people. (pg. 49)
Fundamental Rights: “include intimate decisions relating to marriage, procreation,
contraception, family relations, child rearing, and education.” (pg. 29)
Relevant Case Law From Text:
Loving v. Virginia: “It concluded that the decision as to whether to enter into an interracial
marriage was a matter for Richard and Mildred, not the Commonwealth of Virginia.” (pg. 27)
Rationale:
The State of Florida’s "Maintaining the Size of Our Children Law" raises significant
concerns regarding the infringement of a fundamental right protected by the U.S. Constitution:
the right to marry. Given the nature of this restriction, it is imperative that the court employ strict
Dominique Gooding
Saint Leo University
CRM 123-OL01
Professor Ward-Thomas
May 17, 2026
, Gooding 2
Case Analysis
Fact Pattern 1: Brian Short v. Florida
Main Issue:
The main issue is whether or not a state statute that bans marriage between two
individuals of short stature violates the Equal Protection and Substantive Due Process guarantees
of the Fourteenth Amendment by restricting a fundamental right based on a non-compelling state
interest.
Relevant Legal Concepts From Text:
Substantive Due Process (Amendment XIV, Section 1) States; not shall any State deprive
any person of life, liberty, or property, without due process of law. (pg. 619).
Equal Protection Clause of the Fourteenth Amendment has been used to strike down
legislation that was enacted for the purpose of discriminating against certain groupings of
people. (pg. 49)
Fundamental Rights: “include intimate decisions relating to marriage, procreation,
contraception, family relations, child rearing, and education.” (pg. 29)
Relevant Case Law From Text:
Loving v. Virginia: “It concluded that the decision as to whether to enter into an interracial
marriage was a matter for Richard and Mildred, not the Commonwealth of Virginia.” (pg. 27)
Rationale:
The State of Florida’s "Maintaining the Size of Our Children Law" raises significant
concerns regarding the infringement of a fundamental right protected by the U.S. Constitution:
the right to marry. Given the nature of this restriction, it is imperative that the court employ strict
