Linda R. S. v. Richard D., 410 U.S. 614 (1973), was a United States Supreme Court case resulting in a ruling that a particular section of a Texas Penal Code did not apply to mothers with illegitimate children. The case was argued on December 6, 1972 and decided on March 5 1973. The respondent was the father of the illegitimate child.

Facts

Appellant, the mother of an illegitimate child, brought a class action to enjoin the "discriminatory application" of Art. 602 of the Texas Penal Code providing that any "parent" who fails to support his "children" is subject to prosecution, but which by state judicial construction applies only to married parents. Appellant sought to enjoin the local district attorney from refraining to prosecute the father of her child

Opinion of the Court

The three-judge District Court dismissed appellant's action for want of standing. Although appellant has an interest in her child's support, application of Art. 602 would not result in support but only in the father's incarceration, and a private citizen lacks a judicially cognizable interest in the prosecution or nonprosecution of another.

Justice White's Dissent

Justice White, with Justice Douglas joining, wrote that "children born out of wedlock ... have been excluded intentionally from the class of persons protected by a particular criminal law. They do not get the protection of the laws that other women and children get. Under Art. 602, they are rendered nonpersons; a father may ignore them with full knowledge that he will be subjected to no penal sanctions."

Justice Blackmun's Dissent

Justice Blackmun, with Justice Brennan joining saw "no reason to decide that question in the absence of a live, ongoing controversy because of Gomez v. Perez, 409 U.S. 535 (1973).

See also

• List of United States Supreme Court cases, volume 410

External links

• The Text of the Linda R. S. v. Richard D. case