Plaintiff brought a class action on behalf of allfemale welfare recipients residing in Connecticut and wishing divorces. She alleged thatmembers of the class were prevented frombringing divorce suits by Connecticut statutesthat required payment of court fees and costs ofservice of process as a condition precedent toaccess to the courts. Plaintiff contended thatsuch statutes violate basic due process considerations. Is her argument valid?Boddie v. Connecticut, 401 U.S. 371 (1970)9. Like many other states, Connecticut requiresnonresidents of the state who are enrolled inthe state university system to pay tuition andother fees at higher rates than residents of thestate who are so enrolled. A Connecticut statute defined as a nonresident any unmarriedstudent if his or her “legal address for any partof the one-year period immediately prior to[his or her] application for admission…wasoutside of Connecticut,” or any married student if his or her “legal address at the time ofhis application for admission…was outside ofConnecticut.” The statute also provided thatthe “status of a student, as established at thetime of [his or her] application for admission…shall be [his or her] status for the entire periodof his attendance.” Two University of Connecticut students who claimed to be residentsof Connecticut were by the statute classified asnonresidents for tuition purposes. Theyclaimed that the Due Process Clause does notpermit Connecticut to deny an individual theopportunity to present evidence that he or sheis a bona fide resident entitled to state rates andthat they were being deprived of propertywithout due process. Is this a valid argument?
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