Stanley v. Illinois

31 L. Ed. 2d 551 · Supreme Court of the United States · 1972

Facts

Peter Stanley, an unwed father who lived with his children's mother for 18 years, lost custody of his children after their mother died. Under Illinois law, children of unwed fathers automatically become wards of the state upon the mother's death, without a hearing on the father's fitness. Stanley challenged this law, arguing it violated his Fourteenth Amendment rights to equal protection and due process.

Issue

Does an Illinois statute that presumes unwed fathers are unfit parents and denies them a hearing on their parental fitness before removing their children, while granting such hearings to all other parents, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment?

Holding

Yes, the Supreme Court held that the Illinois statute violated both the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The Court reversed the Illinois Supreme Court's decision, finding that Stanley was entitled to a hearing on his fitness as a parent.

Rule

States cannot create an irrebuttable presumption of unfitness against unwed fathers, denying them an individualized hearing on their parental fitness before removing their children. Such a procedure violates the Due Process Clause by dismembering a family without proof of unfitness and the Equal Protection Clause by treating unwed fathers differently from other parents without sufficient justification.

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