Caban v. Mohammed
United States Supreme Court
441 U.S. 380 (1979)
A New York statute required only an unmarried mother's consent for an adoption, letting an unmarried father merely testify at the hearing. Caban (defendant) and Mohammed (plaintiff), unmarried former partners who had both played substantial parental roles, separately petitioned to adopt their children; Mohammed blocked Caban's petition by withholding consent, and despite Caban's opposition and testimony against her fitness, the family court granted Mohammed's adoption and terminated Caban's rights. New York's courts upheld the statute, and Caban appealed to the Supreme Court, arguing it violated equal protection.
Whether a gender-based statutory distinction between the parental consent rights of unmarried mothers and unmarried fathers must substantially further an important governmental objective to survive equal protection review.