Joan and Peter Stanley (P) lived together for 18 years and had three children. Joan died, and under Illinois law, the children of unwed fathers became wards of the State. Illinois (D), in a dependency proceeding, took the children from P, declared them wards of the state, and placed them with court-appointed guardians. P appealed claiming that he had never been shown to be an unfit parent, and as such, because unwed mothers and fathers could be deprived of their children without such a showing, this was a violation of equal protection. The Illinois Supreme Court upheld the lower court's decision. The Supreme Court granted certiorari.

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