The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, April 19, 1988
Decision: Monday, June 6, 1988
Issues: Civil Rights, Rights of Illegitimates

Advocates

Craig McClean (Argued the cause for the respondent)
Evalynn B. Welling (Argued the cause for the petitioner)

Facts of the Case

A Pennsylvania law required illegitimate children to prove paternity before seeking support from their fathers. The statute of limitations on suits seeking to establish paternity was six years from the birth of the illegitimate child. However, the state allowed legitimate children to seek support from their parents at any time. Cherlyn Clark sought child support from Gene Jeter, whom she claimed was the father of her daughter, Tiffany. Blood tests indicated that there was a 99.3% probability that Jeter indeed was Tiffany's father. A state court dismissed Clark's suit because it was initiated after the statute of limitations had expired.

Question

Did the Pennsylvania law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

The Court found that the statute violated the Constitution. Citing the test which the Court developed in Mills v. Habluetzel (1982) to evaluate equal protection challenges to statutes of limitations in paternity suits, Justice O'Connor held that the Pennsylvania law did not "provide a reasonable opportunity to assert a claim on behalf of an illegitimate child." Furthermore, since, in some circumstances, Pennsylvania permitted paternity suits involving illegitimate children to be initiated after six years, there was no reason why the law in question was necessary to deter the litigation of "stale or fraudulent claims," a legitimate state interest.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 9 votes for Clark, 0 vote(s) against
Legal Provision: Equal Protection
Voted with the majority
Rehnquist
Voted with the majority
Brennan
Voted with the majority
White
Voted with the majority
Marshall
Voted with the majority
Blackmun
Voted with the majority
Stevens
Wrote the majority opinion
O'Connor
Voted with the majority
Scalia
Voted with the majority
Kennedy
Full Opinion by Justice Sandra Day O'Connor

Cite this page

The Oyez Project, Clark v. Jeter, 486 U.S. 456 (1988),
available at: <http://www.oyez.org/cases/1980-1989/1987/1987_87_5565/>
(last visited ).