Stanton v. Stanton

HALL, Justice:

This case is before the court for the third time. The first appeal was from an order of the district court terminating the parental support obligation of a female child that had reached statutory1 majority at age 18. On appeal plaintiff asserted the statute created an unconstitutional classification in violation of equal protection. This court did not so find and its decision affirming the trial court is found in 30 Utah 2d 315, 517 P.2d 1010 (1974). Plaintiff appealed to the United States Supreme Court which reversed, holding that the statute in question did deny equal protection and that with the age differential being invalid it was not for it to determine when the obligation of support, pursuant to a decree of divorce decree, terminates under Utah law, but, rather that it was an issue of state law to be resolved by the Utah courts on remand.2 This court thereupon remanded to the trial court which then determined that, “for the purpose of child support, children attain their majority at age 21,” and entered judgment in the amount of $3,646.18, consisting of $2,700 past due support, $508.80 interest, and $437.38 costs. Defendant appealed to this court which reversed,3 declining to abide by the remand of the United States Supreme Court in Stanton I which directed the Utah courts to resolve the issue as to what the age of minority shall be in Utah. This court so declined, viewing such to be a legislative rather than a judicial function. This prompted the second appeal to the United States Supreme Court4 wherein the court observed that the pronouncement of this court was not consistent with its opinion in Stanton I in that it did not address itself to the requirement that the Utah child support law must be nondiscriminatory to comply with the constitutional standard. So once again the case was remanded here.

The Utah Legislature, after Stanton I, saw fit to enact an amendment5 to Section 15-2-1, supra footnote 1, so that it now reads:

The period of minority extends in males and females to the age of eighteen years.

The amendment clearly eliminated any prior discriminatory provision in the law and accomplished in an appropriate legislative manner that which this court deemed beyond its judicial function.

Turning now to the matter before us, the prior decision of this court, made at a time when the age of majority statute was invalid, and which determined that females reached the age of majority at age eigh*305teen, had the effect of imposing majority upon both males and females at age eighteen. The amendment to Section 15-2-1 has served to further clarify the status of Utah law and establishes as a matter of public policy the age of majority for both sexes at age eighteen.

The Court again holds, for the purposes of this case only, males are to be treated as adults at age eighteen, rather than withholding the privilege of adulthood to the female person in this lawsuit until age 21, and this case shall have no retroactive effect.

Reversed and remanded with direction to enter judgment in favor of plaintiff for costs only in the amount of $437.38.

WILKINS, J., concurs.

. Section 15-2-1, U.C.A.1953, formerly provided the period of minority extends in males to the age of twenty-one years and in females to that of eighteen years.

. See pages 17 and 18 of opinion, Stanton v. Stanton, 421 U.S. 7, 95 S.Ct. 1373, 43 L.Ed.2d 688 (1975), “Stanton I.”

. Stanton v. Stanton, Utah, 552 P.2d 112 (1976).

. Stanton v. Stanton, “Stanton II,” on appeal from the Supreme Court of Utah, - U.S. -, 97 S.Ct. 717, 50 L.Ed.2d 723 1977.

. Passed March 13, 1975. In effect May 13, 1975.