Section 12 of the Illinois Probate Act, while allowing legitimate children to inherit by intestate succession from either their mothers or fathers, allowed illegitimate children to inherit by intestate succession only from their mothers. Consequently, Deta Trimble, the illegitimate daughter of Sherman Gordon, was unable to inherit her father's estate when he died intestate. After losing her challenge to Section 12 in the Illinois Supreme Court, Trimble appealed to the Supreme Court.
Did Section 12 of the Illinois Probate Act violate the Equal Protection Clause of the Fourteenth Amendment?
In a 5-to-4 decision, the Court held that Section 12 was unconstitutional under the Equal Protection Clause. Applying the "rational relationship" test under the Clause, the Court emphasized that such a standard was not a "toothless" one. The Court then rejected the argument "that a State may attempt to influence the actions of men and women by imposing sanctions on the children born of their illegitimate relationships." The Court also noted that it was likely that Trimble would have inherited a substantial part of Gordon's estate had he written a will before his death.
Decisions
Decision: 5 votes for Trimble, 4 vote(s) against Legal provision: Equal Protection
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Full Opinion by Justice Lewis F. Powell, Jr.
