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Constitutional Law Keyed to Chemerinsky
Stanley v. Illinois
Citation:
405 U.S. 645 (1972)Facts
Peter Stanley lived intermittently with Joan Stanley for 18 years, during which time they had three children together but never married. When Joan died, Illinois law automatically declared the children wards of the state and placed them with court-appointed guardians, despite Stanley’s desire to retain custody. Under Illinois law, children of unwed fathers became wards of the state upon the death of the mother, presuming unwed fathers to be unfit parents without providing them an opportunity for a hearing on their parental fitness. Stanley challenged this statutory scheme as a violation of his constitutional rights to due process and equal protection.
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