# Guard v. Jackson

> Washington Supreme Court · July 24, 1997 · 132 Wash. 2d 660

URL: https://www.frixlaw.com/law-library/cases/4711267

## Case

- **Full name:** Toni Rae Guard, Individually and as Parent and Personal Representative, Jeffrey King Beeston, Sr. v. John Jackson
- **Court:** Washington Supreme Court
- **Decided:** July 24, 1997
- **Citations:** 132 Wash. 2d 660; 1997 WL 411517
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Doixiver, Smith
- **Cited by:** 18 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4711267

## How later opinions describe it (automated extraction)

- holding wrongful death statute, as applied, discriminated against a man

## Opinion text

Smith, J.
(concurring specially) — I fully agree with the *668 decision of the majority in this case. I write specially, though, to express my concern over perpetuation of the offensive term "illegitimate” in referring to a child horn to parents not married to each other.
Certainly "illegitimate” is a better word than "bastard,” a word common in earlier statutes and decisions. RCW 4.24.010, at issue in this case, uses the term "illegitimate child.” An innocent child is still stigmatized by that reference.
We have made great strides in amending statutes to remove age-old terms which are offensive in our present-day society. The legislative process can use words which convey the same meaning, but are less demeaning to children. To the credit of our Legislature, it has already begun this process. RCW 4.24.010 and RCW 41.26.030 seem to be the only statutes which still refer to "illegitimate child.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4711267. Public record. Not legal advice.