The Stanley v. Illinois case in 1971 revolved around the rights of unwed fathers. Peter Stanley had lived intermittently with his children and their mother, without marrying her. When she died, the state automatically assumed custody of the children on grounds that under Illinois law, unwed fathers were presumed unfit to raise their children. The U.S Supreme Court ruled in favor of Stanley stating that it was unconstitutional for a state to assume an unmarried father is a neglectful parent without any evidence supporting this claim or giving him an opportunity to contest it. This ruling emphasized equal protection under the Fourteenth Amendment - all parents (married or not) should have fair treatment and due process before having their parental rights terminated.

In the dissenting opinion for Stanley v. Illinois, Justice Burger argued that the majority's decision was a departure from established legal principles and could potentially harm children in similar situations. He believed that it was not unreasonable or unconstitutional for Illinois to presume that unmarried fathers were unfit to have custody of their children after the death of the mother. This presumption, he argued, protected children from potential harm while also allowing fathers an opportunity to prove their fitness if they wished to do so. Furthermore, he expressed concern about how this ruling might affect other laws based on presumptions about parental fitness and child welfare. Ultimately, his dissent emphasized a focus on what is best for the child rather than prioritizing parental rights without consideration of potential risks.