State v. Bradley Book Reviews

State v. Bradley by Supreme Court of Oregon Book Summary

The state brought a filiation proceeding under ORS 109.125(1)(b) to establish defendants support obligation for a child to whom it was furnishing support. The child was born on October 7, 1972. Plaintiff brought this action in August, 1980, when the child was seven years and 10 months old. The statute of limitation in effect when the child was born limited the time for bringing filiation proceedings to six years from birth. ORS 109.135(3). Defendant raised the statute of limitation as a defense. Plaintiff responded with an equal protection challenge to the limitation period. Both the trial court and the Court of Appeals held that the six year statute of limitation violated the illegitimate childs right to equal protection of the laws because it denied her the right to paternal support to which legitimate children are entitled throughout their minority. The trial court held that "the illegitimate childs right to support from the natural parent is a substantial right and is a right equal to that of the legitimate childs. Hence, any statute limiting this right during a childs minority works an illogical injustice on a child born out of wedlock and is constitutionally impermissible." The Court of Appeals ruled that "[w]eighing the states interest in enacting the statutory limitation of six years against the constitutional rights of an illegitimate child to the protection of the laws equal to that afforded legitimate children, we hold that the

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