Stanley v. Illinois70-50141971Burger Court (1971-1972)burger3https://api.oyez.org/courts/burger3Peter Stanley, Sr. Illinois1971-10-191972-04-031971-01-254056451972https://api.oyez.org/case_citation/case_citation/14541https://supreme.justia.com/cases/federal/us/405/645/Writ of <i>certiorari</i><p>Joan Stanley had three children with Peter Stanley. The Stanleys never married, but lived together off and on for 18 years. When Joan died, the State of Illinois took the children. Under Illinois law, unwed fathers were presumed unfit parents regardless of their actual fitness and their children became wards of the state. Peter appealed the decision, arguing that the Illinois law violated the Equal Protection Clause of the Fourteenth Amendment because unwed mothers were not deprived of their children without a showing that they were actually unfit parents. The Illinois Supreme Court rejected Stanley’s Equal Protection claim, holding that his actual fitness as a parent was irrelevant because he and the children’s mother were unmarried.</p> Joan Stanley had three children with Peter Stanley. The Stanleys never married, but lived together off and on for 18 years. When Joan died, the State of Illinois took the children. Under Illinois law, unwed fathers were presumed unfit parents regardless of their actual fitness and their children became wards of the state. Peter appealed the decision, arguing that the Illinois law violated the Equal Protection Clause of the Fourteenth Amendment because unwed mothers were not deprived of their children without a showing that they were actually unfit parents. The Illinois Supreme Court rejected Stanley’s Equal Protection claim, holding that his actual fitness as a parent was irrelevant because he and the children’s mother were unmarried.<p>Yes. Justice Byron R. White, writing for a 5-2 majority, reversed and remanded. The Supreme Court held that it could consider the constitutionality of the Illinois law even though Peter might have regained custody of his children through adoption or guardianship proceedings. The Illinois law violated the Due Process clause because an unwed father was stripped of his parental rights without a hearing. Justice William O. Douglas joined in this part of the opinion. A four justice plurality went on to write that the Illinois law also violated the Equal Protection Clause because it denied a fitness hearing to certain parents, while granting one to others.</p> <p>Chief Justice Warren E. Burger dissented, arguing that the majority exceeded its authority by raising the Due Process issue when the lower court had not. The Equal Protection question was the only one properly before the court, and it was not violated because the state was merely recognizing the legal relationships of fathers whether through marriage or adoption. Justice Harry A. Blackmun joined in the dissent. Justice Lewis F. Powell and Justice William H. Rehnquist did not participate.</p> Yes. Justice Byron R. White, writing for a 5-2 majority, reversed and remanded. The Supreme Court held that it could consider the constitutionality of the Illinois law even though Peter might have regained custody of his children through adoption or guardianship proceedings. The Illinois law violated the Due Process clause because an unwed father was stripped of his parental rights without a hearing. Justice William O. Douglas joined in this part of the opinion. A four justice plurality went on to write that the Illinois law also violated the Equal Protection Clause because it denied a fitness hearing to certain parents, while granting one to others. Chief Justice Warren E. Burger dissented, arguing that the majority exceeded its authority by raising the Due Process issue when the lower court had not. The Equal Protection question was the only one properly before the court, and it was not violated because the state was merely recognizing the legal relationships of fathers whether through marriage or adoption. Justice Harry A. Blackmun joined in the dissent. Justice Lewis F. Powell and Justice William H. Rehnquist did not participate.Patrick T. Murphyhttps://api.oyez.org/people/patrick_t_murphyMorton E. Friedmanhttps://api.oyez.org/people/morton_e_friedmanWilliam O. Douglashttps://api.oyez.org/people/william_o_douglasPotter Stewarthttps://api.oyez.org/people/potter_stewartThurgood Marshallhttps://api.oyez.org/people/thurgood_marshallWilliam J. Brennan, Jr.https://api.oyez.org/people/william_j_brennan_jrByron R. Whitehttps://api.oyez.org/people/byron_r_whiteWarren E. Burgerhttps://api.oyez.org/people/warren_e_burgerHarry A. Blackmunhttps://api.oyez.org/people/harry_a_blackmunLewis F. Powell, Jr.https://api.oyez.org/people/lewis_f_powell_jrWilliam H. Rehnquisthttps://api.oyez.org/people/william_h_rehnquistWilliam O. Douglashttps://api.oyez.org/people/william_o_douglasPotter Stewarthttps://api.oyez.org/people/potter_stewartThurgood Marshallhttps://api.oyez.org/people/thurgood_marshallWilliam J. Brennan, Jr.https://api.oyez.org/people/william_j_brennan_jrByron R. Whitehttps://api.oyez.org/people/byron_r_whiteWarren E. Burgerhttps://api.oyez.org/people/warren_e_burgerHarry A. Blackmunhttps://api.oyez.org/people/harry_a_blackmunLewis F. Powell, Jr.https://api.oyez.org/people/lewis_f_powell_jrWilliam H. Rehnquisthttps://api.oyez.org/people/william_h_rehnquisthttps://api.oyez.org/cases/1971/70-5014D:\PyCharm Community Edition 2024.3.1.1\PythonProject\IBM Z Datathon\json_data\api.oyez.org_cases_1971_70-5014.json