In the 1967 case of Levy v. Louisiana, the U.S. Supreme Court ruled that illegitimate children cannot be denied equal protection under the law as per the Fourteenth Amendment. The case was brought by a mother on behalf of her five illegitimate children after their father's death due to alleged negligence at Charity Hospital in New Orleans, Louisiana. The hospital argued that under state law, only legitimate children could claim damages for wrongful death of a parent and thus dismissed her suit. However, in a unanimous decision led by Justice Douglas, it was held that this distinction violated equal protection rights guaranteed by Constitution because "illegitimacy is analogous to 'accident of birth'". Therefore, denying these rights based on legitimacy status would be unjustifiable discrimination.

In the dissenting opinion for Levy v. Louisiana, Justice Harlan argued that the majority's decision to extend equal protection rights to illegitimate children was an overreach of judicial authority. He contended that it is not within the purview of courts to determine social policy or dictate how states should classify individuals in their laws. Instead, he believed such decisions should be left up to legislative bodies who are better equipped and authorized to make these determinations based on societal norms and values at any given time. In his view, while there may be compelling reasons for treating legitimate and illegitimate children differently under certain circumstances, it is not a matter for courts but rather legislatures to decide upon.