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Levy v. Louisiana, 391 U.S. 68 (1968)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Levy v. Louisiana, 391 U.S. 68 (1968)
Levy v. Louisiana No. 508 Argued March 27, 1968 Decided May 20, 1968 391 U.S. 68
APPEAL FROM THE SUPREME COURT OF LOUISIANA
Syllabus
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.
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Chicago:
U.S. Supreme Court, "Syllabus," Levy v. Louisiana, 391 U.S. 68 (1968) in 391 U.S. 68 391 U.S. 69. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=41WGRPXDJMGU6MK.
MLA:
U.S. Supreme Court. "Syllabus." Levy v. Louisiana, 391 U.S. 68 (1968), in 391 U.S. 68, page 391 U.S. 69. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=41WGRPXDJMGU6MK.
Harvard:
U.S. Supreme Court, 'Syllabus' in Levy v. Louisiana, 391 U.S. 68 (1968). cited in 1968, 391 U.S. 68, pp.391 U.S. 69. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=41WGRPXDJMGU6MK.
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