Levy v. Louisiana Supreme Court of the United States, 1968. 391 U.S. 68, 88 S.Ct. 1509,20 L.Ed.2d 436.
이혁 연구생
I. Facts.
A mother of five illegitimate children had a wrongful death. Appellant, on behalf of those children, sued appellees (the doctor who treated her and the insurance company) to recover for damages that are derived from her death. Lower courts found for appellees. Appellant appealed.
II. Issue.
Whether an illegitimate child share the same right to legitimate child
III. Reasoning.
A. Rules.
1. Equal Protection Clauses of the Fourteenth Amendment
- No State shall “deny to any person within its jurisdiction the equal protection of the laws.”
2. Ferguson v. Skrupa, 372 U. S. 726, 732
- While a State has broad power when it comes to making classifications
Skinner v. Oklahoma, 316 U. S. 535, 541-542.
- It may not draw a line which constitutes an invidious discrimination against a particular class
B. Application
1. Regardless of whether an individual’s origin is legitimate or illegitimate, the Court stipulated that any individual is classified as ‘persons’. Therefore, as depicted in the Equal Protection Clauses of the Fourteenth Amendment, any individual in any State is entitled to expect equal protection of the laws. Hence, the appellant’s use of the Louisiana statute to seek recover for the loss of illegitimate children’s mother is reasonable.
2. The court acknowledges and respects a State’s power in making classifications. However, the Court confirms that the classification may not promote invidious discrimination against a particular class. Therefore, denying the right to recover basing on those individuals’ origin is a violation of the constitution.
IV. Holding.
The judgment is reversed.