Levy V. Louisiana - The Decision

The Decision

The 6-3 decision in favor of Levy's children was delivered on Monday, May 20, 1968. Justice Douglas authored the majority opinion, which was joined by Chief Justice Warren and Associate Justices Brennan, White, Fortas, and Marshall. The Court stated that the children involved in this case were clearly "persons" under the Fourteenth Amendment, which entitled them to its full protection. The Court noted that, while states do enjoy substantial powers to make classifications, states are not permitted to classify in a way that constitutes "invidious discrimination against a particular class." The objective nature of the "invidious discrimination" test was not clearly outlined, but the Court stated that the classifications states made had to be, at the least, rational.

The Court continued to note the deference it has historically given to the legislature regarding its ability to draft law. However, when basic civil rights are involved, the Court said it has freely struck down "invidious discrimination," even laws with "history and tradition on side." One precedent cited to this effect was the decision the Court made in Brown v. Board of Education, a landmark case in American civil rights. In the case at hand, the Court attacked the inappropriateness of the Louisiana statute, saying that the children's legitimacy had no bearing on their relationship to their mother. The statute was declared unconstitutional, and the decision of the lower courts was reversed.

Justice Harlan authored a dissenting opinion, which was joined by Justices Black and Stewart.