What is the test for a state's right to prohibit a spouse from entering into a marriage if the spouse dies before the date of separation?

To summarize in the language of Zablocki v. Redhail, supra, (1978) 434 U.S. 374, 98 S.Ct. 673, 54 L.Ed.2d 618, only a statute which interferes "directly and substantially" with the right to marry is invalid. (p. 387, 98 S.Ct. p. 681.) "By reaffirming the fundamental character of the right to marry, we do not mean to suggest that every state regulation which relates in any way to the incidents of or prerequisites for marriage must be subjected to rigorous scrutiny. To the contrary, reasonable regulations that do not significantly interfere with decisions to enter into the marital relationship may legitimately be imposed." (p. 386, 98 S.Ct. p. 681.) In our view termination of the allowance of a surviving spouse on remarriage is a reasonable regulation which does not significantly interfere with the right to marry.

[123 Cal.App.3d 439]