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16 J. Fam. L. 57 (1977-1978)
Legitimate Discrimination against Illegitimates: A Look at Trimble v. Gordon and Fiallo v. Bell

handle is hein.journals/branlaj16 and id is 65 raw text is: LEGITIMATE DISCRIMINATION AGAINST ILLEGITIMATES: A LOOK AT TRIMBLE v. GORDON AND FIALLO v. BELL I. INTRODUCTION By its own tally, the Supreme Court has rendered thir- teen decisions since 1968 concerning the constitutionality of alleged discrimination against illegitimate children.' This note will present a review of the two most recently decided cases, Trimble v. Gordon2 and Fiallo v. Bell.3 As discussed in the preceding note,' the Court has been applying a.form of the rational relationship test to statutory classification schemes which have been challenged as denials to illegiti- mates of due process and equal protection of the laws under the fifth and/or fourteenth amendments.5 Herein, the rigid- ity of that test will be discussed and the result of its applica- tion examined in each case, with an effort to chart the plight of illegitimate children in their battle for rights equal to those enjoyed by legitimate children. II. Trimble v. Gordon A. The Factual Setting Jessie Trimble and Sherman Gordon lived together from 1970 to 1974 without marrying.6 Of this four-year relation- ship, an illegitimate daughter was born named Deta Mona Fiallo v. Bell, 97 S. Ct. 1473 (1977); Trimble v. Gordon, 97 S. Ct. 1459 (1977); Mathews v. Lucas, 427 U.S. 495 (1976); Beaty v. Weinberger, 478 F.2d 300 (5th Cir. 1973), summarily a/V'd, 418 U.S. 901 (1974); Jimenez v. Weinberger, 417 U.S. 628 (1974); New Jersey Welfare Rights Organization v. Cahill, 411 U.S. 619 (1973); Gomez v. Perez, 409 U.S. 535 (1973); Griffin v. Richardson, 346 F. Supp. 1226 (D. Md.), summarily a/'d, 409 U.S. 1069 (1972); Davis v. Richardson, 342 F. Supp. 588 (D. Conn.), a/I'd, 409 U.S. 1069 (1972); Weber v. Aetna Casualty & Surety Co., 406 U.S. 164 (1972); Labine v. Vincent, 401 U.S. 532 (1971); Glona v. American Guaran- tee & Liability Ins. Co., 391 U.S. 73 (1968); Levy v. Louisiana, 391 U.S. 68 (1968). 97 S. Ct. 1459 (1977). 97 S. Ct. 1473 (1977). Note, Mathews v. Lucas: A Setback in the Illegitimate's Quest for Equality Under the Law, 16 J. FAM. L. 37 (1977-78) (this issue). Id. 97 S. Ct. at 1462.

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