Stanley v. Illinois
| Stanley v. Illinois | |
|---|---|
| Argued October 19, 1971 Decided April 3, 1972 | |
| Full case name | Stanley v. Illinois |
| Citations | 405 U.S. 645 (more) 92 S. Ct. 1208; 31 L. Ed. 2d 551 |
| Holding | |
| The State cannot, consistently with due process requirements, merely presume that unmarried fathers in general, and petitioner, in particular, are unsuitable and neglectful parents. Parental unfitness must be established on the basis of individualized proof. | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by Brennan, Stewart, Marshall; Douglas (parts I, II) |
| Dissent | Burger, joined by Blackmun |
| Powell and Rehnquist took no part in the consideration or decision of the case. | |
Stanley v. Illinois, 405 U.S. 645 (1972), was a landmark United States Supreme Court case in which the Court held that the fathers of children born out of wedlock had a fundamental right to their children. Until the ruling, when the mother of a child born out of wedlock was unable to care for the child, through death or other circumstances, the child was made a ward of the state and either placed in an orphanage or foster care or for adoption.