Levy V. Louisiana - Background

Background

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, 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.