dept agriculture moreno argued april decided june section food stamp act amended generally excludes participation food stamp program household containing individual unrelated household member secretary agriculture issued regulations thereunder rendering ineligible participation program household whose members related congress stated purposes act safeguard health nation population raise levels nutrition among households increased utilization food establishing maintaining adequate national levels nutrition promote distribution agricultural abundance strengthen agricultural economy district held unrelated person provision creates irrational classification violation equal protection component due process clause fifth amendment held legislative classification involved sustained classification clearly irrelevant stated purposes act rationally furthering legitimate governmental interest practical operation act excludes likely abuse program rather desperately need aid even afford alter living arrangements retain eligibility pp supp affirmed brennan delivered opinion douglas stewart white marshall blackmun powell joined douglas filed concurring opinion post rehnquist filed dissenting opinion burger joined post raymond randolph argued cause appellants briefs solicitor general griswold assistant attorney general wood walter fleischer william kanter ronald pollack argued cause appellees brief roger schwartz justice brennan delivered opinion case requires us consider constitutionality food stamp act amended stat certain exceptions excludes participation food stamp program household containing individual unrelated member household practical effect creates two classes persons food stamp purposes one class composed individuals live households whose members related one another class consists individuals live households containing one members unrelated rest latter class persons denied federal food assistance district district columbia held classification invalid violative due process clause fifth amendment supp noted probable jurisdiction affirm federal food stamp program established effort alleviate hunger malnutrition among needy segments society eligibility participation program determined household rather individual basis cfr eligible household purchases sufficient food stamps provide household nutritionally adequate diet household pays stamps reduced rate based upon size cumulative income food stamps used purchase food retail stores government redeems stamps face value thereby paying difference actual cost food amount paid household stamps see initially enacted defined household group related individuals residents institution boarding house living one economic unit sharing common cooking facilities food customarily purchased common january however congress redefined term household include groups related individuals pursuant amendment secretary agriculture promulgated regulations rendering ineligible participation program household whose members related appellees case consist several groups individuals allege although satisfy income eligibility requirements federal food assistance nevertheless excluded program solely persons group related appellee jacinta moreno example diabetic lives ermina sanchez latter three children share common living expenses sanchez helps care appellee appellee monthly income derived public assistance sanchez receives per month public assistance household pays per month rent gas electricity appellee pays appellee spends per month transportation hospital regular visits per month laundry leaves per month food necessities despite poverty appellee denied federal food assistance solely unrelated members household moreover although sanchez three children permitted purchase worth food stamps per month participation program terminated appellee moreno continues live appellee sheilah hejny married three children although hejnys indigent took girl unrelated felt emotional problems hejnys receive worth food stamps month allow girl continue live denied food stamps reason appellee victoria keppler daughter acute hearing deficiency daughter requires special instruction school deaf school located area appellee ordinarily afford live thus order make limited resources appellee agreed share apartment near school woman like appellee public assistance since appellee related woman appellee food stamps continue cut continue live together two groups appellees instituted class action department agriculture secretary two departmental officials seeking declaratory injunctive relief enforcement amendment implementing regulations essence appellees contend district held unrelated person provision creates irrational classification violation equal protection component due process clause fifth amendment agree ii traditional equal protection analysis legislative classification must sustained classification rationally related legitimate governmental interest see jefferson hackney richardson belcher dandridge williams mcgowan maryland purposes food stamp act expressly set forth congressional declaration policy hereby declared policy congress safeguard health nation population raise levels nutrition among households congress hereby finds limited food purchasing power households contributes hunger malnutrition among members households congress finds increased utilization food establishing maintaining adequate national levels nutrition promote distribution beneficial manner agricultural abundances strengthen agricultural economy well result orderly marketing distribution food alleviate hunger malnutrition food stamp program herein authorized permit households purchase nutritionally adequate diet normal channels trade thus sustained challenged classification must rationally legitimate governmental interest specifically stated congressional declaration policy regrettably little legislative history illuminate purposes amendment legislative history exist however indicates amendment intended prevent hippies hippie communes participating food stamp program see conf cong rec holland challenged classification clearly sustained reference congressional purpose constitutional conception equal protection laws means anything must least mean bare congressional desire harm politically unpopular group constitute legitimate governmental interest result purpose discriminate hippies without reference independent considerations public interest justify amendment although apparently conceding point government maintains challenged classification nevertheless upheld rationally related clearly legitimate governmental interest minimizing fraud administration food stamp program essence government contends adopting amendment congress might rationally thought households one unrelated members likely fully related households contain individuals abuse program fraudulently failing report sources income voluntarily remaining poor households relatively unstable thereby increasing difficulty detecting abuses even accept rational government wholly unsubstantiated assumptions concerning differences related unrelated households still agree government conclusion denial essential federal food assistance otherwise eligible households containing unrelated members constitutes rational effort deal concerns outset important note food stamp act contains provisions wholly independent aimed specifically problems fraud voluntarily poor example certain exceptions act renders ineligible assistance household containing adult person ages eighteen fails register accept offered employment similarly specifically impose strict criminal penalties upon individual obtains uses food stamps fraudulently existence provisions necessarily casts considerable doubt upon proposition amendment rationally intended prevent abuses see eisenstadt baird cf dunn blumstein moreover practical effect challenged classification simply operate rationally prevention fraud previously noted defines eligible household group related individuals living one economic unit sharing common cooking facilities food customarily purchased common thus two unrelated persons living together meeting three conditions constitute single household ineligible assistance financially feasible however two individuals legally avoid unrelated person exclusion simply altering living arrangements eliminate one three conditions effectively create two separate households eligible assistance see knowles butz supp nd cal indeed california director social welfare explained related household limitations eliminate many households eligibility food stamp program understanding congressional intent new regulations specifically aimed hippies hippie communes people category alter living arrangements order remain eligible food stamps however afdc mothers try raise standard living sharing housing affected able utilize altered living patterns order continue eligible without giving advantage shared housing costs affirmed footnotes stat amendment affect certain groups nonrelated individuals years age amended provides term household shall mean group related individuals including legally adopted children legally assigned foster children individuals age residents institution boarding house living one economic unit sharing common cooking facilities food customarily purchased common term household shall also mean single individual living alone cooking facilities purchases prepares food home consumption elderly person meets requirements section title title cfr jj provides jj household means group persons excluding roomers boarders unrelated attendants necessary medical housekeeping child care reasons residents institution boarding house living one economic unit sharing common cooking facilities food customarily purchased common provided persons group years age related one persons group years age one persons group years age older persons years age related least one persons years age older shall also mean single individual living alone purchases prepares food home consumption ii elderly person defined section spouse appellees also argued regulations invalid beyond scope authority conferred upon secretary statute district rejected contention appellees pressed argument appeal moreover appellees challenge constitutionality statute reliance households rather individuals basic unit food stamp program therefore intimate view question hile fifth amendment contains equal protection clause forbid discrimination unjustifiable violative due process schneider rusk see frontiero richardson shapiro thompson bolling sharpe indeed amendment first materialized bare committee consideration conference committee consideration differing house senate bills government initially argued district challenged classification might justified means foster morality rejecting contention district noted interpreting amendment attempt regulate morality raise serious constitutional questions supp indeed citing decisions griswold connecticut stanley georgia eisenstadt baird district observed doubtful best whether congress name morality infringe rights privacy freedom association home emphasis original moreover also pointed classification established rationally related prevailing notions morality since terms disqualifies households unrelated individuals without reference whether particular group contains sexes government abandoned morality argument see brief appellants title provide whoever knowingly uses transfers acquires alters possesses coupons authorization purchase cards manner authorized act regulations issued pursuant act shall coupons authorization purchase cards value guilty felony shall upon conviction thereof fined imprisoned five years coupons authorization purchase cards value less shall guilty misdemeanor shall upon conviction thereof fined imprisoned one year whoever presents causes presented coupons payment redemption value knowing received transferred used manner violation provisions act regulations issued pursuant act shall guilty felony shall upon conviction thereof fined imprisoned five years coupons value less shall guilty misdemeanor shall upon conviction thereof fined imprisoned one year app justice douglas concurring appellee jacinta moreno diabetic lives ermina sanchez latter three children two share common living expenses sanchez helping care appellee appellee monthly income derived public assistance sanchez also derived public assistance household pays month rent appellee pays month gas electricity appellee pays appellee spends month transportation hospital regular visits month laundry leaves month food necessities sanchez three children received worth food stamps per month unrelated person provision act cut appellee moreno continues live appellee sheilah hejny married three children ages two five husband took girl unrelated shares housekeeping hejnys pay month receive worth food stamps hejnys comprise indigent household allow girl live cut food stamps reason unrelated person provision appellee keppler daughter acute hearing deficiency requires instruction school deaf school area mother afford live two minor children moved nearby apartment woman like appellee keppler public assistance related result appellee keppler food stamps cut unrelated person provision appellees instituted class action enjoin enforcement unrelated person provision act unrelated person provision act creates two classes persons food stamp purposes one class composed people related dire need class composed households one persons unrelated others degree need first class first type household qualifies relief second qualify matter need application act said violate conception equal protection implicit due process clause fifth amendment bolling sharpe test equal protection whether legislative line drawn bears rational relationship legitimate governmental purpose weber aetna casualty surety requirement equal protection denies government power legislate different treatment accorded persons placed statute different classes basis criteria wholly unrelated objective enactment reed reed case involves desperately poor people acute problems though unrelated come together mutual help assistance choice one associates social political race religious purposes basic constitutional scheme naacp alabama de jonge oregon naacp button gibson florida legislative committee naacp alabama extends associational rights members trade union brotherhood railroad trainmen virginia bar suppose one doubt association people working poverty field entitled constitutional protection working racial banking agricultural field suppose poor people holding meeting convention constitutional umbrella others dimensions unrelated person problem food stamp act category facts case show poor congregating households better meet adversities poverty banding together expression right freedom association deep traditions like rights recognized peripheral first amendment rights right send one child religious school right study german language private school protection entire spectrum learning teaching communicating ideas marital right privacy griswold connecticut examples indicate peripheral constitutional rights exercised necessarily assemblies congregate halls auditoriums discrete individual actions parents placing child school choice taking person one home poor needs help brings happiness household dignity congress might choose deal members family one two three generations treating unit congress however done concededly individual living alone disqualified receipt food stamp aid even though members family might theoretically live couples disqualified like individuals living alone may qualify act poor whether abandoned wives children however antifamily attitudes may words unrelated person provision aimed maintenance normal family ties penalizes persons families brought roof unrelated needy person penalizes poorest poor doubling adversities poverty constitutional aspects problem unrelated person provision act might well sustained means prevent fraud fraud concern act persons must register accept work lose food stamp rights say unrelated person provision rational relation control fraud deal however right association protected first amendment people desperately poor unrelated come together join hands aim better combat crises poverty need living together better meet crises denied need households made relatives acute serviced problems fisc stated shapiro thompson legitimate concerns government government may accomplish purpose invidious distinctions classes citizens ibid legislative history act indicates unrelated person provision act prevent essentially unrelated individuals voluntarily chose cohabit live food stamps hippies hippy communes participating food stamp program stated conference report definition household designed prohibit food stamp assistance communal families unrelated individuals right association right invite stranger one home basic constitutional regime deal roughshod abuses inherent pattern living food stamp program protected act must narrowly drawn cantwell connecticut meet precise end method adopted applied cases makes act unconstitutional reason invidious discrimination two classes needy persons dandridge williams opposed sustained maryland grant welfare claim violation equal protection placed upper limit monthly amount single family receive claimants large families standard need exceeded actual grants claim grants aid considered light size families created invidious discrimination favor small needy families claim rejected basis state economic social legislation long judged less strict standard comes play constitutionally protected rights involved laws touching social economic matters pass muster equal protection clause though imperfect test whether classification reasonable basis ibid dandridge held fourteenth amendment gives federal courts power impose upon views constitutes wise economic social policy first amendment aspect case dandridge control dandridge however reach classifications touching associational rights lie penumbra first amendment since unrelated person provision directed maintenance family unit treats impoverished households composed relatives favorably impoverished households single unrelated person draws line sustained showing compelling governmental interest unrelated person provision present act impact rights people associate lawful purposes choose state action may effect curtailing freedom associate subject closest scrutiny naacp alabama right people peaceably assemble guaranteed first amendment covers wide spectrum human interests including stated political economic religious cultural matters banding together combat common foe hunger category case therefore falls within zone represented shapiro thompson supra held waiting period welfare imposed state inmigration indigents penalizing constitutional right travel sustained absent compelling governmental interest section food stamp act provides relevant part term household shall mean group related individuals including legally adopted children legally assigned foster children individuals age residents institution boarding house living one economic unit sharing common cooking facilities food customarily purchased common regulations provide household means group persons excluding roomers boarders unrelated attendants necessary medical housekeeping child care reasons residents institution boarding house living one economic unit sharing common cooking facilities food customarily purchased common provided persons group years age related one persons group years age one persons group years age older persons years age related least one persons years age older cfr jj eligibility participation program shall household basis persons excluding roomers boarders unrelated attendants necessary medical housekeeping child care reasons residing common living quarters shall consolidated group prior determining group household determined jj subchapter cfr purpose present act stated congress safeguard health nation population raise levels nutrition among households congress hereby finds limited food purchasing power households contributes hunger malnutrition among members households congress finds increased utilization food establishing maintaining adequate national levels nutrition promote distribution beneficial manner agricultural abundances strengthen agricultural economy well result orderly marketing distribution food alleviate hunger malnutrition food stamp program herein authorized permit households purchase nutritionally adequate diet normal channels trade italics added see cong rec conf justice rehnquist chief justice concurs dissenting much reasons stated dissenting opinion department agriculture murry ante unable agree disposition case appellees challenged provision federal food stamp act et limited food stamps related people living one household result provision unrelated persons live roof pool resources may obtain food stamps even though otherwise eligible opinion make persuasive congressional committee report arguing adoption limitation question undoubtedly congress attacked problem rather blunt instrument undoubtedly persuasive arguments may made conceive purpose significantly advanced enactment limitation questions congress rather role limited determination whether rational basis congress decide public funds made available food stamp program go household containing individual unrelated member household believe asserted congressional concern fraudulent use food stamps interpreted light favorable sustaining limitation quite irrational seems believe basic unit congress chosen determination availability food stamps household determination criticized limitation challenged singled households contain unrelated persons made households ineligible think unreasonable congress conclude basic unit willing support federal funding food stamps variation family know household consisting related individuals unit provides guarantee provided households containing unrelated individuals household exists purpose collect federal food stamps admittedly points limitation make ineligible many households formed purpose collecting federal food stamps time wholly deny food stamps households may formed large part take advantage program concedes raditional equal protection analysis require every classification drawn precise mathematical nicety ante earlier term constitutionality similarly imprecise rule promulgated pursuant truth lending act challenged grounds urged appellees mourning family publications service imposition rule members defined class sustained served discourage evasion substantial portion class disclosure mechanisms chosen congress consumer protection limitation congress enacted judgment reasonable men conceivably deny food stamps members households formed solely purpose taking advantage food stamp program since food stamp program intended subsidy every individual desires food permissible congressional decision quite consistent underlying policy act fact limitation unfortunate perhaps unintended consequences beyond make unconstitutional