Levy v. Louisiana Ex Rel. Charity Hosp., 391 U.S. 68 (1968). · Go Syfert
Search
Levy v. Louisiana Ex Rel. Charity Hosp., 391 U.S. 68 (1968). Cases Citing This Book View Copy Cite
Quick Summary

A state wrongful death statute is unconstitutional if it denies illegitimate children the right to recover for the death of their mother (discriminating against children born out of wedlock).

After the death of a mother, her five illegitimate children sued for damages for the loss of her companionship and for the survival of her cause of action for pain and suffering. A Louisiana statute limited recovery for wrongful death to legitimate children, a classification the state defended as a means to encourage marriage. The Court held that while classifications based on illegitimacy are not subject to strict scrutiny, they are invalid under the Fourteenth Amendment if they are not substantially related to permissible state interests. Because the children's status had no relation to the harm inflicted upon their mother, the classification constituted invidious discrimination.

G Cite
cited 2× by 2 distinct cases, last quoted 1979 · …although . . . classifications based on illegitimacy are not subject to 'strict scrutiny', they nevertheless are invalid under the fourteenth amendment if they are not substantially related to permissible state interests ⚠ not in text
cited 2× by 1 distinct case, last quoted 1981 · …does providing immunity to the one who furnishes alcoholic beverages reduce the likelihood that an injury will result to an innocent user of the highway or otherwise? at p. 71 ⚠ not in text
cited 2× by 2 distinct cases, last quoted 1997 · …involves the intimate, familial relationship between a child and his own mother, ✓
1,982 citation events (151 in the last 25 years) across 153 distinct courts.
Strongest positive: Acuna v. Turkish (njsuperctappdiv, 2002-10-29) · Strongest negative: Levin v. Commerce Energy, Inc. (scotus, 2010-06-01)
Treatment trajectory · 1968 → 2026 · click a year to view as-of
1968 1997 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited "but see" Levin v. Commerce Energy, Inc. (3×)
SCOTUS · 2010 · signal: but see · confidence high
But see, e.g., Levy v. Louisiana, 391 U.S. 68 , 88 S. Ct. 1509 , 20 L.
discussed Cited "but see" Levin v. Commerce Energy, Inc. (2×)
SCOTUS · 2010 · signal: but see · confidence high
But see, e.g., Levy v. Louisiana, 391 U. S. 68 (1968).
discussed Cited "but see" Poulos v. McMahan (2×)
Ga. · 1982 · signal: but see · confidence high
But see Levy, 391 U. S. 68 , supra; Glona, 391 U. S. 73 , supra. 3 Paying great deference to “the power [of the State of Louisiana] to make rules to establish, protect, and strengthen family life as well as to regulate the disposition of property left in Louisiana by a man dying there . . .,” Labine, 401 U. S., supra, at p. 538 , the majority refused to hold the statute unconstitutional even though it admittedly discriminated against illegitimates.
examined Cited as authority (verbatim quote) Acuna v. Turkish (3×) also: Cited "see, e.g."
N.J. Super. Ct. App. Div. · 2002 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
though the test has been variously stated, the end result is whether the line drawn is a rational one
discussed Cited as authority (rule) Stennett v. Miller
Cal. Ct. App. · 2019 · confidence medium
(See Gomez v. Perez (1973) 409 U.S. 535, 538 [Texas law that allowed only marital children to obtain financial support from fathers was “invidious” discrimination]; Weber v. Aetna Casualty & Surety Co. (1972) 406 U.S. 164, 165, 170 [Louisiana could not treat employee’s dependent unacknowledged nonmarital children differently than his marital children or acknowledged nonmarital children for workers’ compensation benefits]; Levy v. Louisiana (1968) 391 U.S. 68, 72 [Louisiana could not prevent dependent children from suing for their mother’s wrongful death merely because they were born …
discussed Cited as authority (rule) Hernandez v. Robles (2×)
NY · 2006 · confidence medium
In that event, the State would have no need to undertake intrusive inquiries of any kind. [5] Nor could the State have a legitimate interest in privileging some children over others depending on the manner in which they were conceived or whether or not their parents were married ( see Jacob, 86 NY2d at 667 [depriving children of legal relationship with de facto parents "based solely on their biological mother's sexual orientation or marital status . . . raise(s) constitutional concerns"]; Levy v Louisiana, 391 US 68, 71 [1968] [child born out of wedlock may not be denied rights enjoyed by othe…
discussed Cited as authority (rule) Holguin v. Jose Flores
Cal. Ct. App. · 2004 · confidence medium
The Incremental Extension of Rights is Not a Defensible Strategy (2001) 38 Cal. Western L.Rev. 1, 7. 25 Justus v. Atchison (1977) 19 Cal.3d 564, 580-581 [ 139 Cal.Rptr. 97 , 565 P.2d 122 ], 26 Justus v. Atchison, supra, 19 Cal.3d at page 581 . 27 Justus v. Atchison, supra, 19 Cal.3d at pages 580-581. 28 Steed v. Imperial Airlines (1974) 12 Cal.3d 115, 124 [ 115 Cal.Rptr. 329 , 524 P.2d 801 ], 29 Villacampa v. Russell (1986) 178 Cal.App.3d 906, 910 [ 224 Cal.Rptr. 73 ], 30 Phraner v. Cote Mart, Inc. (1997) 55 Cal.App.4th 166, 170-171 [ 63 Cal.Rptr.2d 740 ]. 31 Levy v. Louisiana (1968) 391 U.S. …
discussed Cited as authority (rule) Johnson v. Louis
Iowa · 2002 · confidence medium
As support for striking down this perceived discrimination, the court of appeals relied on Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436, 439 (1968), wherein the Court held that it was a denial of equal protection *890 under the Fourteenth Amendment to the federal constitution for the State of Louisiana to fail to provide the same right of recovery for wrongful death of a parent to illegitimate children as was provided to legitimate children.
discussed Cited as authority (rule) Raum v. Restaurant Associates, Inc.
N.Y. App. Div. · 1998 · confidence medium
If the Legislature does not allow homosexual couples to marry, or even to enter into an equivalent legally binding commitment, it cannot make marriage a condition precedent to a statutory right that is available to heterosexuals, especially where sexual preference is irrelevant to the purposes of the statute (see, Levy v Louisiana, 391 US 68, 71-72 [allowing legitimate children, but not those born out of wedlock, to sue for damages for wrongful death of parent was invidious discrimination without rational basis, because legitimacy was unrelated to the harm inflicted]).
cited Cited as authority (rule) Schuler v. Rodberg
Iowa · 1994 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436, 439 (1968).
cited Cited as authority (rule) Bh v. Kd
N.D. · 1993 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 [ 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436 ] (1968).
cited Cited as authority (rule) B.H. v. K.D.
N.D. · 1993 · confidence medium
Nor has the law refused to recognize those family relationships unlegitimized by a marriage ceremony_ Levy v. Louisiana, 391 U.S. 68, 71-72 [ 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436 ] (1968).
discussed Cited as authority (rule) Bryant v. Schuster
Iowa Ct. App. · 1989 · confidence medium
In Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436, 439 (1968), the United States Supreme Court held that barring a child from the recovery of a benefit to which other children are entitled, simply because it is illegitimate, violates equal protection.
cited Cited as authority (rule) In Re the New Bedford Child & Family Service to Dispense With Consent to Adoption
Mass. · 1982 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 (1968).
discussed Cited as authority (rule) Harris v. Trojan Fireworks Co. (2×)
Cal. Ct. App. · 1981 · confidence medium
“Though the test has been variously stated, the end result is whether the line drawn is a rational one.” (Levy v. Louisiana, supra, 391 U.S. 68, 71 [ 20 L.Ed.2d at p. 439 , 88 S.Ct. at p. 1571 ].) If we accept as the laudible objective of these amendments the protection of the general public from injury and damage resulting from the excessive use of alcohol, we come to the heart of the issue, which is, “Does providing immunity to the one who furnishes alcoholic beverages reduce the likelihood that an injury will result to an innocent user of the highway or otherwise?” I believe that th…
cited Cited as authority (rule) Roque v. Frederick
Ark. · 1981 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 (1968).
discussed Cited as authority (rule) Commonwealth Ex Rel. Atkins v. Singleton
Pa. Super. Ct. · 1980 · confidence medium
We cite only a few examples: Workmen's compensation and unemployment benefits, Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 *406 (1968); sharing in claims for wrongful death, Glona v. American Guarantee, 391 U.S. 73 , 88 S.Ct. 1515 , 20 L.Ed.2d 441 (1968); Weber v. Aetna Casualty & Surety Company, 406 U.S. 164 , 92 S.Ct. 1400 , 31 L.Ed.2d 768 (1972); granting rights to support of illegitimate children, Gomez v. Perez, 409 U.S. 535 , 93 S.Ct. 872 , 35 L.Ed.2d 56 (1973); permitting illegitimate to inherit from their fathers, Trimble v. Gordon, 430 U.S. 762 , 97 S.Ct. 1459 , 52…
discussed Cited as authority (rule) Patch Enterprises, Inc. v. McCall
M.D. Fla. · 1978 · confidence medium
Zablocki v. Redhail, - U.S. -, -, -, 98 S.Ct. 673, 688, 689 , 54 L.Ed.2d 618, 639, 640 (January 18,1978) (Powell, J., concurring in the judgment); Craig v. Boren, 429 U.S. at 211 , 97 S.Ct. at 464 , 50 L.Ed.2d at 415 (Powell, J., concurring); Weber v. Aetna Casualty and Surety Co., 406 U.S. 164, 172 , 92 S.Ct. 1400, 1405 , 31 L.Ed.2d 768, 777 (1972); Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436, 439 (1968).
discussed Cited as authority (rule) Social Services Agency v. Larry M. (2×)
Cal. Ct. App. · 1978 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 (1968). ‘To say that the test of equal protection should be the “legal” rather than the biological relationship is to avoid the issue.
cited Cited as authority (rule) Sacramento County Welfare Department v. Victor R.
Cal. · 1975 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 (1968).” (Stanley v. Illinois, supra, 405 U.S. 645, 651-652 [ 31 L.Ed.2d 551, 558-559 ].
discussed Cited as authority (rule) In Re Lisa R.
Cal. · 1975 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 (1968)." ( Stanley v. Illinois, supra, 405 U.S. 645, 651-652 [ 31 L.Ed.2d 551, 558-559 ]. [14] Such a weighing process in Stanley was struck in favor of the unwed father's right to submit evidence in rebuttal of a presumption that he was unfit to care for his illegitimate children.
cited Cited as authority (rule) Lucas v. Secretary, Department of Health, Education & Welfare
D.R.I. · 1975 · confidence medium
They are clearly ‘persons’ within the meaning of the Equal Protection Clause of the Fourteenth Amendment.” Id. at 70 , 88 S.Ct. at 1510 (footnotes omitted).
cited Cited as authority (rule) Termination of Long-Term Foster Placements
padeptjust · 1974 · confidence medium
Moreover, when the family relationship is at stake, the Supreme Court has looked to the reality of the emotional bonds, not to formalities: Levy v. Louisiana, 391 U. S. 68, 71-2 (1968).
discussed Cited as authority (rule) Crist v. NJ Div. Youth and Family Serv.
N.J. Super. Ct. App. Div. · 1974 · confidence medium
Levy v. Louisiana, 391 U.S. 68, 71-72 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436, 439 (1968). [405 U.S. at 651, 652, 92 S.Ct. at 1212, 31 L.Ed. 2d at 558-559] The right to counsel question was not pressed in Stanley but the court made it clear that "at the least, Stanley's interest in retaining custody of his children is cognizable and substantial." 405 U.S. at 652, 92 S.Ct. at 1213, 31 L.Ed. 2d at 559.
discussed Cited as authority (rule) In Re Trust of Parsons
Wis. · 1973 · confidence medium
Jur. 2d, Bastards, p. 942, sec. 136. 8 Will of Scholl (1898), 100 Wis. 650, 660 , 76 N. W. 616 . 9 Will of Kaufer (1931), 203 Wis. 299, 304 , 234 N. W. 504 . 10 Estate of Bohnsack (1963), 20 Wis. 2d 448, 452 , 122 N. W. 2d 443 . 11 Id. at page 451. 12 Id. at page 451. 13 Id. at page 451. 14 Id. at page 452. 15 Levy v. Louisiana (1968), 391 U. S. 68, 70, 71 , 88 Sup. Ct. 1509, 20 L.
examined Cited as authority (rule) Miller Ex Rel. Miller v. Laird (5×)
D.D.C. · 1972 · confidence medium
La.Civ.Code.Ann. art. 2315 (Supp. 1967). 40 . 391 U.S. at 72, 88 S.Ct. at 1511. 41 .
discussed Cited as authority (rule) Stanley v. Illinois (2×)
SCOTUS · 1972 · confidence medium
Levy v. Louisiana, 391 U. S. 68, 71-72 (1968).
discussed Cited as authority (rule) Bowser v. Jacobs (2×)
Mich. Ct. App. · 1971 · confidence medium
Similarly, see Levy v. Louisiana Through the Charity Hospital of Louisiana at New Orleans Board of Administrators (1968), 391 US 68, 71 ( 88 S Ct 1509 , 20 L Ed 2d 436 ). [8] Loving v. Virginia (1967), 388 US 1, 8, 9 ( 87 S Ct 1817 , 18 L Ed 2d 1010 ) (statute prohibiting a white person from marrying any person other than a white person is invalid).
discussed Cited as authority (rule) Prudential Insurance Co. of America v. Willis (2×)
Ga. · 1971 · confidence medium
In Levy v. Louisiana, 391 U. S. 68, 70 (88 SC 1509, 20 LE2d 436), a Louisiana statute, which denied wrongful death recovery for the death of the mother to illegitimate children, was held unconstitutional as a denial of equal protection.
examined Cited as authority (rule) Arizmendi v. System Leasing Corp. (4×)
Cal. Ct. App. · 1971 · confidence medium
“We conclude that it is invidious to discriminate against them when no action, conduct, or demeanor of theirs is possibly relevant to the harm that was done the mother.” (Levy v. Louisiana, supra, 391 U.S. 68, 71-72 [ 20 L.Ed.2d 436, 439-440 ].) We find no substantial difference under the law between the deprivation of the right of a minor illegitimate child to sue for the wrongful death of his mother and the deprivation of such right to sue for the wrongful death of his natural father.
discussed Cited as authority (rule) Thom v. Bailey
Or. · 1971 · confidence medium
It is also of interest to note that in Levy v. Louisiana, 391 US 68 at 72, note 6 , 88 S Ct 1509 , 20 L ed 2d 436 (1968), the court quoted as follows from Shakespeare, King Lear, Act I, Scene II: “* * * When my dimensions are as well compact, My mind as generous, and my shape as true, As honest madam’s issue?
discussed Cited as authority (rule) Adams v. Fort Madison Community School District (2×)
Iowa · 1970 · confidence medium
Cf. Reynolds v. Sims, 377 U.S. 533, 579 , 84 S.Ct. 1362, 1391 , 12 L.Ed.2d 506, 537 ("legitimate considerations incident to the effectuation of a rational state policy"); Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436, 439 ("Though the test has been variously stated, the end result is whether the line drawn is a rational one."); Dandridge v. Williams, 397 U.S. 471 , 90 S.Ct. 1153, 1162 , 25 L.Ed.2d 491, 503 (U.S.) ("rationally based"); see also McGowan v. Maryland, 366 U.S. 420 , 81 S.Ct. 1101 , 6 L.Ed.2d 393 ; McDonald v. Board of Election Commissioners of Chicago, …
discussed Cited as authority (rule) State Ex Rel. Lewis v. Lutheran Social Services (2×)
Wis. · 1970 · confidence medium
In re Welfare of Zink (1964), 269 Minn. 535 , 132 N. W. 2d 795 . (1965), 270 Minn. 455 , 134 N. W. 2d 126 . (1967), 8 Mich. App. 122 , 154 N. W. 2d 27 . (1968), 391 U. S. 68 , 88 Sup. Ct. 1509, 20 L.
discussed Cited as authority (rule) Hosier Ex Rel. Hosier Ex Rel. De Vallard v. Evans
D.V.I. · 1970 · confidence medium
As did the court in Brown v. Board of Education, supra, I hold that public education, “. . . where the state has undertaken to provide it, is a right which must be made available to all on equal terms.” Once we start from the premise posited by the Supreme Court of the United States in Levy v. Louisiana, 391 U.S. 68, 70 (1968), as it spoke of illegitimate children, and take full cognizance of the fact that aliens, likewise, are not “non persons,” but rather are . . humans, live, and have their being ...” the conclusion is inescapable that alien children, lawfully within this territor…
examined Cited "see" Cook v. Harding (3×)
C.D. Cal. · 2016 · signal: see · confidence high
See id, (citing Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968)) (state could not deny illegitimate children the right to bring a tort action for wrongful death of the parent if it gave a legitimate child the same right); Glona v. Am.
examined Cited "see" Estate of McCall v. United States (3×)
N.D. Fla. · 2009 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968); Gammon v. Cobb, 335 So.2d 261, 267 (Fla.1976) (stating invidious discrimination violates both the federal and state constitutions).
examined Cited "see" State Ex Rel. Sanders v. Sauer (6×)
Mo. · 2006 · signal: see · confidence high
See, Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968); Glona v. American Guarantee & Liab.
examined Cited "see" In the Interest of J.W.T. (6×)
Tex. · 1994 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968); Weber v. Aetna Casualty, 406 U.S. 164 , 92 S.Ct. 1400 , 31 L.Ed.2d 768 (1972).
examined Cited "see" Talley v. Succession of Stuckey (3×)
La. · 1993 · signal: see · confidence high
Probs. 115 , 116 (1975); see Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968), on remand, 253 La. 73 , 216 So.2d 818 (1968).
examined Cited "see" Collins v. Schweitzer, Inc. (3×)
D. Idaho · 1991 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968) (illegitimacy); Weber v. Aetna Casualty & Surety Co., 406 U.S. 164 , 92 S.Ct. 1400 , 31 L.Ed.2d 768 (1972) (illegitimacy); Lalli v. Lalli, 439 U.S. 259 , 99 S.Ct. 518 , 58 L.Ed.2d 503 (1978) (illegitimacy); Craig v. Boren, 429 U.S. 190 , 97 S.Ct. 451 , 50 L.Ed.2d 397 (1976) (gender). 6 .
discussed Cited "see" Angelini v. OMD Corp.
Mass. · 1991 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68, 71-72 (1968) (wrongful death statute interpreted by State court as denying recovery to illegitimate children violates equal protection).
examined Cited "see" Denise Desonier, Amanda M. Desonier v. Louis W. Sullivan, M.D., Secretary of Health and Human Services (6×)
6th Cir. · 1990 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968); Weber v. Aetna Casualty & Surety Co., 406 U.S. 164 , 92 S.Ct. 1400 , 31 L.Ed.2d 768 (1972); Gomez v. Perez, 409 U.S. 535 , 93 S.Ct. 872 , 35 L.Ed.2d 56 (1973); Trimble v. Gordon, 430 U.S. 762 , 97 S.Ct. 1459 , 52 L.Ed.2d 31 (1977).
examined Cited "see" Stone v. Williams (3×)
2d Cir. · 1989 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68, 72 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436 (1968) (holding unconstitutional state statute that discriminated against illegitimates to discourage births out of wedlock). 18 But even though Ms. Stone might arguably be excused for the reasons just stated from filing suit until 1980, there is simply no plausible explanation for delay in filing the instant complaint until September 1985, after five more years had passed.
examined Cited "see" Stone v. Williams (3×)
2d Cir. · 1989 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68, 72 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436 (1968) (holding unconstitutional state statute that discriminated against illegitimates to discourage births out of wedlock).
examined Cited "see" Gwendolyn Price v. Joseph Tanner, Commissioner of Labor of the State of Georgia (3×)
11th Cir. · 1988 · signal: see · confidence high
See Cleburne Living Center, 473 U.S. at 458 , 105 S.Ct. at 3264 (Marshall, J., concurring) ("however labeled, the rational basis test invoked today is most assuredly not the rational basis test of Williamson ... and [its] progeny") 5 Although the Supreme Court in Weber was somewhat unclear as to the standard of review it used, see 406 U.S. at 172-73 , 92 S.Ct. at 1405, it relied on Levy v. Louisiana, 391 U.S. 68, 71 , 88 S.Ct. 1509, 1511 , 20 L.Ed.2d 436 (1968), a case which employed the rational basis test.
examined Cited "see" Joyce Atkinson v. United States (6×)
9th Cir. · 1987 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968).
discussed Cited "see" Hughes v. Parham (2×)
Ga. · 1978 · signal: see · confidence high
See Levy v. Louisiana, 391 U. S. 68 (88 SC 1509) (1968); Glona v. American Guarantee &c.
examined Cited "see" Succession of Captain (3×)
La. Ct. App. · 1977 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968); Glona v. American Guarantee & Liability Insurance Co., 391 U.S. 73 , 88 S.Ct. 1515 , 20 L.Ed.2d 441 (1968).
cited Cited "see" Moore v. Dague
Ohio Ct. App. · 1975 · signal: see · confidence high
See Levy v. Louisiana (1968), 391 U. S. 68 (right of an illegitimate child to maintain an action for the wrongful death of his mother); Glona v. American Guarantee & Liability Ins.
examined Cited "see" Foe v. Vanderhoof (3×)
D. Colo. · 1975 · signal: see · confidence high
See Levy v. Louisiana, 391 U.S. 68 , 88 S.Ct. 1509 , 20 L.Ed.2d 436 (1968) (illegitimate children entitled to equal protection); Brown v. Board of Education, 347 U.S. 483 , 74 S.Ct. 686 , 98 L.Ed. 873 (1954) (children entitled to equal protection of the laws in obtaining public education); Pierce v. Society of Sisters, 268 U.S. 510 , 45 S.Ct. 571 , 69 L.Ed. 1070 (1925) (education in accordance with religion); Interstate Circuit v. Dallas, 390 U.S. 676 (1968) (fact that a statute is aimed at protecting children does not mean it may be constitutionally vague); People v. Lara, 67 Cal.2d 365 , 62 …
Retrieving the full opinion text from the archive…
LEVY, ADMINISTRATRIX
v.
LOUISIANA THROUGH THE CHARITY HOSPITAL OF LOUISIANA AT NEW ORLEANS BOARD OF ADMINISTRATORS Et Al.
508.
Supreme Court of the United States.
Oct 14, 1968.
391 U.S. 68
1968 U.S. LEXIS 1629
Norman Dorsen argued the cause for appellant. With him on the brief were Adolph J. Levy, Lawrence J. Smith, and Melvin L. Wulf., William A. Porteous III argued the cause for appel-lees. With him on the brief were Jack P. F. Gremillion, Attorney General of Louisiana, Dorothy D. Wolbrette and L. K. Clement, Jr., Assistant Attorneys General, and William A. Porteous, Jr., Briefs of amici curiae, urging reversal, were filed by Leo Pfeffer and Joseph B. Robison for the Executive Council of the Episcopal Church in the U. S. A. et al., and by Harry D. Krause, Jack Greenberg, and Leroy D. Clark for the NAACP Legal Defense and Educational Fund, Inc., et al., Brief of amicus curiae, urging affirmance, was filed by Mr. Oremillion, pro se, William P. Schuler, Second Assistant Attorney General, and Mrs. Wolbrette and Mr. Clement for the Attorney General of Louisiana.
Douglas, Harlan.
Cited by 699 opinions  |  Published
Mr. Justice Douglas

delivered the opinion of the Court.

Appellant sued on behalf of five illegitimate children to recover, under a Louisiana statute [1] (La. Civ. Code Ann. Art. 2315 (Supp. 1967)) for two kinds of damages as a result of the wrongful death of their mother: (1) the damages to them for the loss of their mother;[*70] and (2) those based on the survival of a cause of action which the mother had at the time of her death for pain and suffering. Appellees [2] are the doctor who treated her and the insurance company.

We assume in the present state of the pleadings that the mother, Louise Levy, gave birth to these five illegitimate children and that they lived with her; that she treated them as a parent would treat any other child; that she worked as a domestic servant to support them, taking them to church every Sunday and enrolling them, at her own expense, in a parochial school. The Louisiana District Court dismissed the suit. The Court of Appeal affirmed, holding that “child” in Article 2315 means “legitimate child,” the denial to illegitimate children of “the right to recover” being “based on morals and general welfare because it discourages bringing children into the world out of wedlock.” 192 So. 2d 193, 195. The Supreme Court of Louisiana denied certiorari. 250 La. 25, 193 So. 2d 530.

The case is here on appeal (28 U. S. C. § 1257 (2)) ; and we noted probable jurisdiction, 389 U. S. 925, the statute as construed having been sustained against challenge under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

We start from the premise that illegitimate children are not “nonpersons.” They are humans, live, and have their being. [3] They are clearly “persons” within the meaning of the Equal Protection Clause of the Fourteenth Amendment. [4]

[*71] While a State has broad power when it comes, to making classifications (Ferguson v. Skrupa, 372 U. S. 726, 732), it may not draw a line which constitutes an invidious discrimination against a particular class. See Skinner v. Oklahoma, 316 U. S. 535, 541-542. Though the test has been variously stated, the end result is whether the line drawn is a rational one. See Morey v. Doud, 354 U. S. 457, 465-466.

In applying the Equal Protection Clause to social and economic legislation, we give great latitude to the legislature in making classifications. Williamson v. Lee Optical Co., 348 U. S. 483, 489; Morey v. Doud, supra, at 465-466. Even so, would a corporation, which is a “person,” for certain purposes, within the meaning of the Equal Protection Clause (Pembina Mining Co. v. Pennsylvania, 125 U. S. 181, 188) be required to forgo recovery for wrongs done its interests because its incorporators were all bastards? However that might be, we have been extremely sensitive when it comes to basic civil rights (Skinner v. Oklahoma, supra, at 541; Harper v. Virginia Board of Elections, 383 U. S. 663, 669-670) and have not hesitated to strike down an invidious classification even though it had history and tradition on its side. (Brown v. Board of Education, 347 U. S. 483; Harper v. Virginia Board of Elections, supra, at 669.) The rights asserted here involve the intimate, familial relationship between a child and his own mother. When the child’s claim of damage for loss of his mother is in issue, why, in terms of “equal protection,” should the tortfeasors go free merely because the child is illegitimate? Why should the illegitimate child be denied rights merely because of his birth out of wedlock? He certainly is subject to all the responsibilities of a citizen, including the payment of taxes and conscription under the Selective Service Act. How under our constitutional regime can he be denied correlative rights which other citizens enjoy?

[*72] Legitimacy or illegitimacy of birth has no relation to the nature of the wrong allegedly inflicted on the mother. These children, though illegitimate, were dependent on her; she cared for them and nurtured them; they were indeed hers in the biological and in the spiritual sense; in her death they suffered wrong in the sense that any dependent would. [5]

We conclude that it is invidious to discriminate against them when no action, conduct, or demeanor of theirs [6] is possibly relevant to the harm that was done the mother. [7]

Reversed.

[For dissenting opinion of Mr. Justice Harlan, see post, p. 76.]
1

“Every act whatever of man that causes damage to another obliges him by whose fault it happened to repair it.

“The right to recover damages to property caused by an offense or quasi offense is a property right which, on the death of the obligee, is inherited by his legal, instituted, or irregular heirs, subject to the community rights of the surviving spouse.

“The right to recover all other damages caused by an offense or quasi offense, if the injured person dies, shall survive for a period of one year from the death of the deceased in favor of: (1) the surviving spouse and child or children of the deceased, or either such spouse or such child or children; (2) the surviving father and mother of the deceased, or either of them, if he left no spouse or child surviving; and (3) the surviving brothers and sisters of the deceased, or any of them, if he left no spouse, child, or parent surviving. The survivors in whose favor this right of action survives may also recover the damages which they sustained through the wrongful death of the deceased. A right to recover damages under the provisions of this paragraph is a property right which, on the death of the survivor in whose favor the right of action survived, is inherited by his legal, instituted, or irregular heirs, whether suit has been instituted thereon by the survivor or not.

“As used in this article, the words ‘child/ ‘brother/ ‘sister/ ‘father/ and ‘mother’ include a child, brother, sister, father, and mother, by adoption, respectively.”

2

The State of Louisiana was dismissed from the action and exceptions relating to the Charity Hospital, at which the mother was treated, were continued indefinitely. No appeal was taken with respeet to either of those defendants.

3

See Note, The Rights of Illegitimates Under Federal Statutes, 76 Harv. L. Rev. 337 (1962).

4

No State shall “deny to any person within its jurisdiction the equal protection of the laws.”

5

Under Louisiana law both, parents are under a duty to support their illegitimate children. La. Civ. Code Ann. Arts. 239, 240 (1952).

6

We can say with Shakespeare: “Why bastard, wherefore base? When my dimensions are as well compact, My mind as generous, and my shape as true, As honest madam’s issue? Why brand they us With base? with baseness? bastardy? base, base?” King Lear, Act I, Scene 2.

7

Under Louisiana’s Workmen’s Compensation Act (La. Rev. Stat. Ann. §§23:1231, 23:1252, 23:1253 (1964)) an illegitimate child, who is a dependent member of the deceased parent’s family, may recover compensation for his death. See Thompson v. Vestal Lumber & Mfg. Co., 208 La. 83, 22 So. 2d 842 (1945). Employers are entitled to recover from a wrongdoer workmen’s compensation payments they make to the deceased’s dependent illegitimate children. See Board of Commissioners v. City of New Orleans, 223 La. 199, 65 So. 2d 313 (1953); Thomas v. Matthews Lumber Co., 201 So. 2d 357 (Ct. App. La. 1967).