Tuesday, May 20, 2008

Fillius Nullius Finis

"Forty years ago today, tucked in between the assassinations of the Rev. Martin Luther King Jr. and Robert F. Kennedy, a U.S. Supreme Court ruling repudiated centuries of settled law by granting constitutional recognition and protection to a previously outcast group: children born outside of marriage and their parents.
"The cases arose out of two private tragedies in Louisiana. Minnie Glona's 19-year-old son was killed in a car accident. Louise Levy, a mother of five who worked as a domestic, died after a doctor failed to diagnose her hypertension uremia. Glona sued for wrongful death; so did Levy's children.
"But lower courts threw out their cases. Why? Because Louisiana law specifically blocked a parent's recovery for the death of a child, or a child's recovery for the death of a parent, if the child was born outside marriage. Both Glona and Levy were unmarried."

Nancy Polikoff in the Los Angeles Times marks an important change in family law from 1968.

No comments: