Maryland Law on Unwed Mothers Challenged as Unconstitutional

Press Release
September 28, 1967

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Press Releases, Volume 5. Maryland Law on Unwed Mothers Challenged as Unconstitutional, 1967. 5a79051b-b892-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/4f2bf326-4c1c-40b6-82da-b5aa58015ca1/maryland-law-on-unwed-mothers-challenged-as-unconstitutional. Accessed November 23, 2025.

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    President 
Hon. Francis E. Rivers 

PRESS RELEASE Diracter-Coumsel 
egal efense und Jack Greenberg 

Director, Public Relations 
NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC. foe DeVore, Jr. 
10 Columbus Circle, New York, N.Y. 10019 * JUdson 6-8397 NIGHT NUMBER 212-749-8487 

FOR RELEASE 
THURSDAY 
September 28, 1967 

MARYLAND LAW ON UNWED MOTHERS 
CHALLENGED AS UNCONSTITUT IONAL 

LDF Suit Wants Ground Rules Changed for Judging Neglected Children 

UPPER MARLBORO, MD.---A Maryland law which says a mother's illegiti- 
mate pregnancy is ground ruling that her other children are neglected 
was challenged in court here this week by the NAACP Legal Defense and 
Educational Fund, Inc. (LDF). 

The motion was filed in the Prince George's County Circuit Court in 
behalf of nine children who were declared to be neglected solely 
because their mothers had given birth to more than one illegitimate 
child. 

Under the Maryland statute, passed in 1962, a judge can conclude that 
children are being raised in an "unstable moral environment" if their 
unwed mother has become pregnant or has given birth to a child within 
the preceding twelve months. 

In challenging this statute, the LDF attorneys further asked the 
court to name the mothers of the defendant children as parties to the 
case. One of the mothers involved in the case is white, the remain- 
ing two are Negroes. 

The LDF attorneys also raised another novel issue in which they asked 
the court to appoint a court lawyer for the defendant children and 
their mothers. 

This is the first time that a court has been requested to provide 
paid counsel for a case falling outside of the criminal area. The 
current case is being tried in a civil proceeding. 

According to LDF attorney Leroy Clark a favorable ruling by the court 
on the LDF motion would in the future have a "substantial impact on 
efforts made around the country to deal with mothers receiving wel- 
fare in an arbitrary and coercive fashion, by interjecting a lawyer 
between them and hostile prosecutors." 

The LDF attorneys handling this case are J, Franklin Bourne of Upper 
Marlboro, Md. and Leroy Clark of New York City.

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Maryland Law on Unwed Mothers Challenged as Unconstitutional

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