Mattingly v. Cummings

The Court was called upon to reconsider the prior holding inJones v. Jones, 355 So.2d 354 (Ala. 1978), and to determine that the wrongful death statute, conferring a conditional right upon the mother to bring the action, yet conferring an absolute right upon the father, violates the equal protection clauses of the United States and Alabama Constitutions because it creates arbitrary and capricious gender based classifications. It is after careful reflection and deliberation, that I would hold that the gender based classifications created in §§ 6-5-391 and6-5-390 are unconstitutional because…