Levy v. Louisiana

Appellant, on behalf of five illegitimate children, brought this action under a Louisiana statute (La. Civ. Code Art. 2315) for the wrongful death of their mother. The trial court dismissed the suit and the Court of Appeal affirmed, holding that a surviving "child" under the statute did not include an illegitimate child, denial of whose right of recovery was "based on morals and general welfare because it discourages bringing children into the world out of wedlock." The State Supreme Court denied certiorari.

Held: The statute as construed to deny a right of recovery under Art. 2315 by illegitimate children creates an invidious discrimination contravening the Equal Protection Clause of the Fourteenth Amendment, since legitimacy or illegitimacy of birth has no relation to the nature of the wrong allegedly inflicted on the mother. Pp. 70-72.

250 La. 25, 193 So. 2d 530, reversed.

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 appellees. 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. Gremillion, pro se, William P. Schuler, Second Assistant Attorney General, and Mrs. Wolbrette and Mr. Clement for the Attorney General of Louisiana.