Laws that automatically make the children of unmarried fathers wards of the state after their mother dies, but not the other way around, are unconstitutional. The first case in which the Supreme Court found men faced sex discrimination. Decided April 3, 1972 (argued October 19, 1971). Opinion of the Court: Byron White → go there Dissenting: Burger. Topic: Discrimination based on sex. 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. The US Supreme Court found that, as a matter of due process, unwed fathers ought to be guaranteed the same rights as married or divorced fathers, who have a right to a hearing. The Court also held that Illinois' denial of unwed fathers a hearing, while extending that right to all other parents, violated the equal protection of the laws. 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. Wiki link