opinion: NEW JERSEY WELFARE RIGHTS ORGANIZATION et al. v. CAHILL, GOVERNOR OF NEW JERSEY, et al.
  No. 72-6258.
  Decided May 7, 1973
  Per Curiam.
  This case presents the question of the constitutionality under the Equal Protection Clause of the Fourteenth Amendment of the New Jersey “Assistance to Families of the Working Poor” program, N, J. Stat. Ann. § 44:13-1 et seg., that allegedly discriminates against illegitimate children in the provision of financial assistance and other services. Specifically, appellants challenge that aspect of the program that limits benefits to only those otherwise qualified families “which consist of a household composed of two adults of the opposite sex ceremonially married to each other who have at least one minor child ... of both, the natural child of one and adopted by the other, or a child adopted by both . . . .” N. J. Stat. Ann. §44:13-3 (a). Appellants do not challenge the statute’s “household” requirement. Rather, they argue that although the challenged classification turns upon the marital status of the parents as well as upon the parent-child relationship, in practical effect it operates almost invariably to deny benefits to illegitimate children while granting benefits to those children who are legitimate. Although apparently conceding the correctness of this position, the United States District Court for the District of New Jersey, sitting as a three-judge court, upheld the statutory scheme on the grqund that it was designed “to preserve and strengthen family life.” 349 F. Supp. 491, 496 (1972).
  Confronted with similar arguments in the past, we have specifically declared that:
  “The status of illegitimacy has expressed through the ages society’s condemnation of irresponsible liaisons beyond the bonds of marriage. But visiting this condemnation on the head of an infant is illogical and unjust. Moreover, imposing disabilities on the illegitimate child is contrary to the basic concept of our system that legal burdens should bear some relationship to individual responsibility or wrongdoing. Obviously, no child is responsible for his birth and penalizing the illegitimate child is an ineffectual — as well as an unjust — way of deterring the parent.” Weber v. Aetna Casualty & Surety Co., 406 U. S. 164, 175 (1972).
  Thus, in Weber we held that under the Equal Protection Clause a State may not exclude illegitimate children from sharing equally with other children in the recovery of workmen’s compensation benefits for the death of their parent. Similarly, in Levy v. Louisiana, 391 U. S. 68 (1968), we held that a State may not create a right of action in favor of children for the wrongful death of a parent and' exclude illegitimate children from the benefit of such a right. And only this Term, in Gomez v. Perez, 409 U. S. 535 (1973), we held that once a State posits a judicially enforceable right on behalf of children to needed support from their natural father, there is no constitutionally sufficient justification for denying such an essential right to illegitimate children. See also Davis v. Richardson, 342 F. Supp. 588 (Conn.), aff’d, 409 U. S. 1069 (1972); Griffin v. Richardson, 346 F. Supp. 1226 (Md.), aff’d, 409 U. S. 1069 (1972).
  Those decisions compel the conclusion that appellants’ claim of the denial of equal protection must be sustained, for there can be no doubt that the benefits extended under the challenged program are as indispensable to the health and well-being of illegitimate children as to those who are legitimate. Accordingly, we grant the motion for leave to proceed in forma pauperis, reverse the judgment of the District Court, and remand for further proceedings consistent with this opinion.
  The Chief Justice concurs in the result.
  In prior proceedings in this case, a single judge of the United States District Court for the District of New Jersey, in an unreported opinion, denied appellants’ petition to convene a three-judge court on the ground that no substantial constitutional question was presented, and dismissed the complaint. On appeal, the United States Court of Appeals for the Third Circuit held that a substantial constitutional claim had been presented and therefore remanded the case with directions to convene a three-judge court. 448 F. 2d 1247, 1248 (1971).
choices: voting Voting Rights Act of 1965, plus amendments ballot access (of candidates and political parties) desegregation (other than as pertains to school desegregation, employment discrimination, and affirmative action) desegregation, schools employment discrimination: on basis of race, age, religion, illegitimacy, national origin, or working conditions. affirmative action slavery or indenture sit-in demonstrations (protests against racial discrimination in places of public accommodation) reapportionment: other than plans governed by the Voting Rights Act debtors' rights deportation (cf. immigration and naturalization) employability of aliens (cf. immigration and naturalization) sex discrimination (excluding sex discrimination in employment) sex discrimination in employment (cf. sex discrimination) Indians (other than pertains to state jurisdiction over) Indians, state jurisdiction over juveniles (cf. rights of illegitimates) poverty law, constitutional poverty law, statutory: welfare benefits, typically under some Social Security Act provision. illegitimates, rights of (cf. juveniles): typically inheritance and survivor's benefits, and paternity suits handicapped, rights of: under Rehabilitation, Americans with Disabilities Act, and related statutes residency requirements: durational, plus discrimination against nonresidents military: draftee, or person subject to induction military: active duty military: veteran immigration and naturalization: permanent residence immigration and naturalization: citizenship immigration and naturalization: loss of citizenship, denaturalization immigration and naturalization: access to public education immigration and naturalization: welfare benefits immigration and naturalization: miscellaneous indigents: appointment of counsel (cf. right to counsel) indigents: inadequate representation by counsel (cf. right to counsel) indigents: payment of fine indigents: costs or filing fees indigents: U.S. Supreme Court docketing fee indigents: transcript indigents: assistance of psychiatrist indigents: miscellaneous liability, civil rights acts (cf. liability, governmental and liability, nongovernmental; cruel and unusual punishment, non-death penalty) miscellaneous civil rights (cf. comity: civil rights)