Opinion
No. 54815.
May 31, 1974.
IN RE: BOBBY JOE ROBERTSON, SR., APPLYING FOR WRITS OF CERTIORARI, PROHIBITION, AND MANDAMUS, AND FOR STAY ORDER.
Writ denied. On the facts and status at issue, we find a rational basis for the statute's provisions imposing a presumption on the father and not on the mother.
BARHAM, J., dissents from the refusal of writs. La.R.S. 14:74 specifically applies a presumption of a substantive element of the offense of child neglect against a husband (male) who fails to pay support within a limited time. No such presumption applies to a mother (female) who fails to pay support. The statute is unconstitutional under Reed v. Reed, 404, U.S. 71, 92 S.Ct. 251, 30 L.Ed. 225 (1971) and Frontiero v. Richardson, 411 U.S. 677, 93 S.Ct. 1764, 36 L.Ed.2d 583 (1973). This is an arbitrary and capricious classification, discriminating as to sex. There is no rational or valid reason why both sexes should not be treated alike. Relator is denied equal protection and due process.