Is there any case law that discriminates against non-marital children when it comes to the status of "illegitimate children"?

Heightened scrutiny is certainly appropriate when a law discriminates against nonmaritalformerly "illegitimate"children. (See Weber v. Aetna Casualty & Surety Co. (1972) 406 U.S. 164, 175-176, 92 S.Ct. 1400, 31 L.Ed.2d 768.) "The status of illegitimacy has expressed through the ages societys condemnation of irresponsible liaisons beyond the bonds of marriage. But visiting this condemnation on the head of an infant is illogical and unjust. Moreover, imposing disabilities on the illegitimate child is contrary to the basic concept of our system that legal burdens should bear some relationship to individual responsibility or wrongdoing. Obviously, no child is responsible for his birth and penalizing the illegitimate child is an ineffectualas well as an unjustway of deterring the parent." (Ibid ., italics added, fn. omitted.)

[34 Cal.App.5th 308]

Because modern DNA testing can readily establish parentage, laws that discriminate against nonmarital children are now

[245 Cal.Rptr.3d 892]