Levy v. Louisiana
Levy v. Louisiana | |
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Holding | |
The right of recovery may not be denied merely because a person is the illegitimate child of the deceased, because such a law would violate the Equal Protection Clause of the Fourteenth Amendment. | |
Court membership | |
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Case opinions | |
Majority | Douglas, joined by Warren, Brennan, White, Fortas, Marshall |
Dissent | Harlan, joined by Black, Stewart |
Laws applied | |
U.S. Const. amend. XIV |
Levy v. Louisiana, 391 U.S. 68 (1968), is a decision of the
Background
Louise Levy was the mother of five children, all of them born out of wedlock. She cared for the children herself, maintaining with them a relationship much like any other typical household. After alleged
The Louisiana District Court dismissed the suit. On appeal, the Court of Appeals affirmed the dismissal, citing Louisiana statute defining a "child" for the purposes of damage recovery as a legitimate child. As the children were born outside of marriage, the courts deemed that they had no standing to sue on Levy's behalf. The Court of Appeals also defended its affirmation, claiming that the law was sound because it furthered the government interest of maintaining morals and general welfare by discouraging bearing children out of wedlock. The
Decision
The 6–3 decision in favor of Levy's children was delivered on Monday, May 20, 1968.
. The Court stated that the children involved in the case were clearly "persons" under the Fourteenth Amendment, which entitled them to its full protection.The Court noted that while states enjoy substantial powers to make classifications, states are not permitted to classify in a way that constitutes "invidious discrimination against a particular class." The objective nature of the "invidious discrimination" test was not clearly outlined, but the Court stated that the classifications states made had to be at least rational.
The Court continued to note the deference historically given to the legislature regarding its ability to draft law. However, when basic civil rights are involved, the Court said that it freely struck down "invidious discrimination," even laws with "history and tradition on [their] side." One precedent cited was the decision the Court made in Brown v. Board of Education, a landmark case in American civil rights.
In the case at hand, the Court attacked the inappropriateness of the Louisiana statute and considered that the children's legitimacy had no bearing on their relationship to their mother. The statute was declared unconstitutional, and the decision of the lower courts was reversed.
Justice
See also
- Jefferson Parish Hospital District No. 2 v. Hyde: Supreme Court case involving bundled billing
- Linda R. S. v. Richard D.: Supreme Court case involving child support for children born out of wedlock
- List of United States Supreme Court cases, volume 391
References
Further reading
- Krause, Harry D. (1969). "Legitimate and Illegitimate Offspring of Levy v. Louisiana: First Decisions on Equal Protection and Paternity". The University of Chicago Law Review. 36 (2): 338–363. JSTOR 1598823.
External links
- Text of Levy v. Louisiana, 391 U.S. 68 (1968) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)