Lowell v. Kowalski

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying strict judicial scrutiny to two statutes basing inheritance rights of illegitimate children on sex of parent, and finding one to be unconstitutionally broad
• applying strict judicial scrutiny to two statutes basing inheritance rights of illegitimate children on sex of parent, and finding one to be unconstitutionally broad
• where paternity is conceded, there is no justification for denying the right of a child born out of wedlock to inherit from his father
• “distinction between rights to inherit from a natural father and rights to inherit from a natural mother may properly be based on the greater difficulty of proving paternity than of proving maternity”
• where “it was established, based on a stipulation of the parties, that, on numerous occasions, the defendant’s intestate acknowledged the paternity of the plaintiff orally and in writing”
• where statutes and rules at issue advantaged one sex over another

Source: CourtListener parenthetical corpus (CC0).