levy louisiana argued march decided may appellant behalf five illegitimate children brought action louisiana statute la civ code art wrongful death mother trial dismissed suit appeal affirmed holding surviving child statute include illegitimate child denial whose right recovery based morals general welfare discourages bringing children world wedlock state denied certiorari held statute construed deny right recovery art illegitimate children creates invidious discrimination contravening equal protection clause fourteenth amendment since legitimacy illegitimacy birth relation nature wrong allegedly inflicted mother pp la reversed norman dorsen argued cause appellant brief adolph levy lawrence smith melvin wulf william porteous iii argued cause appellees brief jack gremillion attorney general louisiana dorothy wolbrette clement assistant attorneys general william porteous briefs amici curiae urging reversal filed leo pfeffer joseph robison executive council episcopal church et harry krause jack greenberg leroy clark naacp legal defense educational fund et al brief amicus curiae urging affirmance filed gremillion pro se william schuler second assistant attorney general wolbrette clement attorney general louisiana justice douglas delivered opinion appellant sued behalf five illegitimate children recover louisiana statute la civ code ann art supp two kinds damages result wrongful death mother damages loss mother based survival cause action mother time death pain suffering appellees doctor treated insurance company assume present state pleadings mother louise levy gave birth five illegitimate children lived treated parent treat child worked domestic servant support taking church every sunday enrolling expense parochial school louisiana district dismissed suit appeal affirmed holding child article means legitimate child denial illegitimate children right recover based morals general welfare discourages bringing children world wedlock louisiana denied certiorari la case appeal noted probable jurisdiction statute construed sustained challenge due process equal protection clauses fourteenth amendment start premise illegitimate children nonpersons humans live clearly persons within meaning equal protection clause fourteenth amendment state broad power comes making classifications ferguson skrupa may draw line constitutes invidious discrimination particular class see skinner oklahoma though test variously stated end result whether line drawn rational one see morey doud applying equal protection clause social economic legislation give great latitude legislature making classifications williamson lee optical morey doud supra even corporation person certain purposes within meaning equal protection clause pembina mining pennsylvania required forgo recovery wrongs done interests incorporators bastards however might extremely sensitive comes basic civil rights skinner oklahoma supra harper virginia board elections hesitated strike invidious classification even though history tradition side brown board education harper virginia board elections supra rights asserted involve intimate familial relationship child mother child claim damage loss mother issue terms equal protection tortfeasors go free merely child illegitimate illegitimate child denied rights merely birth wedlock certainly subject responsibilities citizen including payment taxes conscription selective service act constitutional regime denied correlative rights citizens enjoy legitimacy illegitimacy birth relation nature wrong allegedly inflicted mother children though illegitimate dependent cared nurtured indeed biological spiritual sense death suffered wrong sense dependent conclude invidious discriminate action conduct demeanor possibly relevant harm done mother reversed footnotes right recover damages property caused offense quasi offense property right death obligee inherited legal instituted irregular heirs subject community rights surviving spouse right recover damages caused offense quasi offense injured person dies shall survive period one year death deceased favor surviving spouse child children deceased either spouse child children surviving father mother deceased either left spouse child surviving surviving brothers sisters deceased left spouse child parent surviving survivors whose favor right action survives may also recover damages sustained wrongful death deceased right recover damages provisions paragraph property right death survivor whose favor right action survived inherited legal instituted irregular heirs whether suit instituted thereon survivor used article words child brother sister father mother include child brother sister father mother adoption respectively state louisiana dismissed action exceptions relating charity hospital mother treated continued indefinitely appeal taken respect either defendants see note rights illegitimates federal statutes harv rev state shall deny person within jurisdiction equal protection laws louisiana law parents duty support illegitimate children la civ code ann arts say shakespeare bastard wherefore base dimensions well compact mind generous shape true honest madam issue brand us base baseness bastardy base base king lear act scene louisiana workmen compensation act la rev stat ann illegitimate child dependent member deceased parent family may recover compensation death see thompson vestal lumber mfg la employers entitled recover wrongdoer workmen compensation payments make deceased dependent illegitimate children see board commissioners city new orleans la thomas matthews lumber app la