In 1974, Redhail attempted to obtain a marriage license in Milwaukee County. Due to the aforementioned § 245.10(1), one of the agents of the county clerk denied his application because he did not have a court order allowing him to marry. Redhail proceeded to file a class action suit against Thomas Zablocki, who was the county clerk of Milwaukee County (and whose official capacity was to issue such licenses) under 42 U.S.C. § 1983, and since the action sought a permanent injunction against the statute, (since repealed) then required a three-judge District Court.