Levy v. Louisiana – Child Rights
Levy v. Louisiana, 391 U.S. 68 (1968).
NATURE OF THE CASE: This lawsuit was brought for compensation for wrongful death and for pain and suffering.
FACTS: Levy had five illegitimate children. She worked as a domestic servant and took care of her children, taking them to church and enrolling them in parochial school. Levy died and the five children sued to recover damages for her wrongful death and for her pain and suffering.
The trial court dismissed the action on the grounds that under Louisiana law child meant legitimate child. The court denied the action to Levy’s children based on morals and general welfare and that the state had an interest in discouraging parents from bringing children into the world out of wedlock. Levy’s children appealed and the Supreme Court granted cert.
ISSUE: May an illegitimate child sue for the wrongful death of the mother?
RULE OF LAW: Yes. An illegitimate child may sue for the wrongful death of the mother.
HOLDING AND DECISION (Douglas): An illegitimate child should not be denied rights on account of his birth out of wedlock. Such a person is subject to all the responsibilities of other citizens including the payment of taxes and conscription under the Selective Service Act. Legitimacy or illegitimacy of birth has no relation to the nature of the wrong allegedly inflicted upon the mother. These children were dependent on her and she cared for them and nurtured them. In her death, they suffered wrong in the sense that any dependent child would. It is wrong to discriminate against them when no action, conduct, or demeanor of theirs is relevant to the harm that was done to the mother.
DISPOSITION: Reversed.