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MICHAEL H. v. GERALD D.

No. 87-746.

491 U.S. 110 (1989)

MICHAEL H. ET AL. v. GERALD D.

Supreme Court of United States.

Decided June 15, 1989

Attorney(s) appearing for the Case

Robert A. W. Boraks argued the cause for appellants. With him on the briefs for appellant Michael H. were George Kaufmann, Ronald K. Henry, Paul R. Taskier, and Joel S. Aaronson. Leslie Ellen Shear filed briefs for appellant Victoria D.

Larry M. Hoffman argued the cause for appellee. With him on the brief was Glen H. Schwartz.*

Paul Hoffman, Joan Howarth, John A. Powell, Helen Hershkoff, Steven R. Shapiro, and Isabelle Katz Pinzler filed a brief for the American Civil Liberties Union Foundation et al. as amici curiae.

JUSTICE SCALIA announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE joins, and in all but footnote 6 of which JUSTICE O'CONNOR and JUSTICE KENNEDY join.

Under California law, a child born to a married woman living with her husband is presumed to be a child of the marriage. Cal. Evid. Code Ann. § 621 (West Supp. 1989). The presumption of legitimacy may be rebutted only by the husband or wife, and then only in limited circumstances...

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