Levy v. Louisiana
| Levy v. Louisiana | |
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| Argued March 27, 1968 Decided May 20, 1968 |
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| Full case name | Louise Levy, Administratrix v. Louisiana through the Charity Hospital of Louisiana at New Orleans Board of Administrators, et al. |
| Citations | 391 U.S. 68 (more) |
| 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 | |
| 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 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.
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 malpractice by Levy's doctor at the Charity Hospital of Louisiana at New Orleans, 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.
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 Justice 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.
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