(May 29, 2015 at 11:50 am)TRJF Wrote: But, surely, an age restriction on marriage would survive not only Rational Basis Scrutiny (which I take your word for that it's evaluated under now) but also Strict Scrutiny, yes?
Possibly. But opponents to that limitation will argue it is not narrowly tailored or least restrictive. This is to say they will argue the age related prohibition does not account for the varying rate of development of children and unjustly bans children from marriage who are of greater mental maturity than their cohorts. Also, they may argue that the restriction is not the least restrictive means as it is an out right ban rather than an incentive (like a marriage penalty for marrying a minor).
Bear in mind the restriction cannot be predicated on the procreative capabilities since the argument of the petitioners is that marriage is not about procreation. So no argument to may be made to state children should be excluded from marriage until they reach sexual maturity.