Levy v. Louisiana
Encyclopedia
Levy v. Louisiana, 391 U.S. 68
(1968), is a decision of the Supreme Court of the United States
. This decision deals primarily with the civil rights of illegitimate children, specifically in regards to their ability to sue on a deceased parent's behalf. It held that 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
.
by Levy's doctor, Louise Levy died. The appellant, on behalf of Levy's children, sought damages for Levy's wrongful death, as well as damages regarding an unsettled case that Levy had not lived to see settled.
The Louisiana District Court dismissed the suit. On appeal, the Court of Appeals affirmed the dismissal, citing Louisiana statute defining a "child," for purposes of damage recovery, as a legitimate child. As these 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 Supreme Court of Louisiana denied certiorari
, and the case was finally appealed to the U.S. Supreme Court on constitutional grounds. Specifically, the appellant claimed that the Louisiana law violated the Fourteenth Amendment, and was therefore invalid.
Warren
and Associate Justices Brennan, White, Fortas
, and Marshall
. The Court stated that the children involved in this case were clearly "persons" under the Fourteenth Amendment, which entitled them to its full protection. The Court noted that, while states do 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 the least, rational.
The Court continued to note the deference it has historically given to the legislature regarding its ability to draft law. However, when basic civil rights are involved, the Court said it has freely struck down "invidious discrimination," even laws with "history and tradition on [their] side." One precedent cited to this effect 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, saying 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 Harlan authored a dissenting opinion, which was joined by Justices Black
and Stewart
.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1968), is a decision of the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
. This decision deals primarily with the civil rights of illegitimate children, specifically in regards to their ability to sue on a deceased parent's behalf. It held that the right of recovery
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
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
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
.
Background
Louise Levy was the mother of five children, all of them born out of wedlock. She cared for these children herself, maintaining with them a relationship much like any other "typical" household. Due to alleged malpracticeMalpractice
In law, malpractice is a type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm...
by Levy's doctor, Louise Levy died. The appellant, on behalf of Levy's children, sought damages for Levy's wrongful death, as well as damages regarding an unsettled case that Levy had not lived to see settled.
The Louisiana District Court dismissed the suit. On appeal, the Court of Appeals affirmed the dismissal, citing Louisiana statute defining a "child," for purposes of damage recovery, as a legitimate child. As these 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 Supreme Court of Louisiana denied certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, and the case was finally appealed to the U.S. Supreme Court on constitutional grounds. Specifically, the appellant claimed that the Louisiana law violated the Fourteenth Amendment, and was therefore invalid.
The Decision
The 6-3 decision in favor of Levy's children was delivered on Monday, May 20, 1968. Justice Douglas authored the majority opinion, which was joined by Chief JusticeChief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
Warren
Earl Warren
Earl Warren was the 14th Chief Justice of the United States.He is known for the sweeping decisions of the Warren Court, which ended school segregation and transformed many areas of American law, especially regarding the rights of the accused, ending public-school-sponsored prayer, and requiring...
and Associate Justices Brennan, White, Fortas
Abe Fortas
Abraham Fortas was a U.S. Supreme Court associate justice from 1965 to 1969. Originally from Tennessee, Fortas became a law professor at Yale, and subsequently advised the Securities and Exchange Commission. He then worked at the Interior Department under Franklin D...
, and Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
. The Court stated that the children involved in this case were clearly "persons" under the Fourteenth Amendment, which entitled them to its full protection. The Court noted that, while states do 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 the least, rational.
The Court continued to note the deference it has historically given to the legislature regarding its ability to draft law. However, when basic civil rights are involved, the Court said it has freely struck down "invidious discrimination," even laws with "history and tradition on [their] side." One precedent cited to this effect was the decision the Court made in Brown v. Board of Education
Brown v. Board of Education
Brown v. Board of Education of Topeka, 347 U.S. 483 , was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students unconstitutional. The decision overturned the Plessy v. Ferguson decision of 1896 which...
, a landmark case in American civil rights. In the case at hand, the Court attacked the inappropriateness of the Louisiana statute, saying 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 Harlan authored a dissenting opinion, which was joined by Justices Black
Hugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
and Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
.