1. Do children given in adoption have a constitutional
right to sue for the wrongful death of their biological
parent and siblings under the 14th Amendment to the
United States Constitution?

2. Has this Court in Levy v. Louisiana , 391 U.S. 68, 88
S.Ct. 1509, 20 L.Ed.2d 436 (1968), see also, Glona v.
American Guarantee & Liability Insurance Co., 391
U.S. 73,88 S.C t. 1515,20 L.Ed.2d 441 (1968), Weber v.
Aetna Casualty & Surety Co., 406 U.S. 164, 92 S .Ct.
1400, 31 L.Ed.2d 768 (1972) and Gomez v. Perez, 409
U.S. 535, 93 S.Ct. 872, 35 L .Ed.2d 56 (1973), "as a
constitutional proposition … substituted a biological
classification for the [State's] legal classification"?
Warren v. Richard, 296 So.2d 813, 816 (La. 1974).

3. Intermediate scrutiny is the federal test in equal
protection analysis for gender discrimination,
Sessions v. Morales-Santana, ___ U.S. ___, 137
S.Ct. 1678, 1689-1690 (2017) and those born out
of wedlock. Clark v. Jeter , 486 U.S. 456, 486, 108
S.Ct. 1910, 1914, 100 L.Ed.2d 465 (1988). Should not
intermediate scrutiny also apply when children are
born of marriage and are adopted?

4. Is "birth" rather than the legal "effects of adoption"
under La. C.C. art. 119, as construed by the Louisiana
Court, the controlling factor in equal protection
analysis? If the Louisiana Supreme Court's decision
is allowed to stand, then children, whether born of
marriage or not , are divested of their legal right to
sue for the death of their biological parent and siblings
upon adoption. This holding discourages adoptions , is
contrary to stated legislative policy and contradicts
Levy, supra and its progeny.

5. The Louisiana Supreme Court recognized the right of
adopted children to sue for the loss of their biological
parent and siblings, Rismiller v. Gemini Insurance
Company, ___ So. 3d ___, 2020 WL 731056 (2020),
Appendix B, p. 16a-59a, the Chief Justice specially
concurring that to rule otherwise would be a denial
of Equal Protection of the law, citing this Court's
opinions in Levy , Glona , Weber and Gomez. . Appendix
B, p. 31a-34a. Rehearing was granted after the Chief
Justice retired and two new Justices were seated.
Rismiller v. Gemini Insurance Company, ___ So.
3d ___, 2021 WL 248291 (2021). Appendix J,

Do children given in adoption have a constitutional right to sue for the wrongful death of their biological parent and siblings under the 14th Amendment to the United States Constitution?