Nameless Persons: Legal discrimination against nonmarital children in the United States

In 1968, the Supreme Court recognized children born outside of wedlock as "persons" under the Equal Protection Clause. Since then, in a series of twenty-four cases, the Court has slowly expanded the legal rights of non-marital children. It has not, however, provided total relief for these children, nor has it adequately protected the rights of single parents or non-marital family units.;This study analyzes the Supreme Court's equal protection birth status decisions from 1968 to 1986 and suggests that those affected by birth status classification might obtain relief and protection through the utilization of feminist jurisprudence and international normative standards. Through a case by case analysis, the study traces the development of the Court's rulings, examines the pattern of the equal protection test utilized, and evaluates the consistency of its position. In addition, the issues raised in the lawyer and amicus briefs are considered at length, in an attempt to shed light on the as yet unresolved problems associated with birth status discrimination.;The Court's reluctance to declare birth status a suspect category deprives non-marital children and single parents of life, liberty, and property. In order for the Court to properly protect the Fourteenth Amendment rights of non-marital children, single parents, and alternative family units, it would be necessary for it to alter its approach to birth status cases and focus on the needs and rights of all persons affected by birth status classifications. The methodology of feminist jurisprudence might well allow the Court to address the underlying issues at the crux of birth status distinctions. Furthermore, international normative standards, with their unambiguous recognition of human rights, could then inform the Court's interpretation of the Equal Protection Clause. By basing its birth status decisions on both feminist jurisprudence and international normative standards, the Court would be able to guarantee the substantive rights of non-marital children and their parents.