Levy v. Louisiana Ex Rel. Charity Hospital

Background

A man sued on behalf of five children who were born out of wedlock to recover money for the wrongful death of their mother and to press a surviving claim for the mother’s pain and suffering. The children lived with her, she supported and cared for them, and she enrolled them in school. A Louisiana trial court and the state Court of Appeal refused to allow recovery, saying the word “child” in the state statute meant only legitimate children and that denying recovery discouraged out-of-wedlock births.

Reasoning

The Court addressed whether the state may refuse these civil damages solely because the children were born out of wedlock. The Justices started from the premise that illegitimate children are persons entitled to equal protection. While states can make classifications for social or economic laws, the Court said a law that treats these children differently when the harm has nothing to do with their birth is an invidious discrimination. The Court emphasized the close parental relationship, the children’s dependency, and that their birth status did not affect the wrong done to the mother, and therefore the exclusion could not stand. The Court reversed the lower courts’ rulings.

Real world impact

The decision allows these children to seek wrongful-death and survival damages under the Louisiana statute. It prevents tortfeasors from escaping liability just because a victim’s children were born out of wedlock and makes clear states may not deny basic civil recoveries based solely on birth status.