mathews
lucas
argued
january
decided
june
social
security
act
provides
child
individual
died
fully
insured
act
entitled
surviving
child
benefits
child
student
dependent
time
parent
death
child
considered
dependent
insured
parent
living
contributed
child
support
time
death
certain
children
however
need
submit
individualized
proof
dependency
unless
adopted
person
child
legitimate
entitled
inherit
insured
parent
state
law
considered
dependent
time
parent
death
even
lacking
relationship
state
intestacy
law
entitled
presumption
dependency
decedent
death
gone
marriage
ceremony
parent
resulting
purported
marriage
nonobvious
defect
valid
acknowledged
writing
child
decreed
child
father
ordered
support
child
child
father
died
appellee
illegitimate
children
administratively
denied
surviving
children
benefits
ground
failed
show
dependency
proof
father
lived
contributing
support
time
death
statutory
presumptions
dependency
ruling
upheld
administrative
appeal
appellees
filed
action
review
appellant
secretary
health
education
welfare
alleging
denial
benefits
violated
equal
protection
component
due
process
clause
fifth
amendment
children
including
legitimate
children
statutorily
entitled
appellee
children
survivors
benefits
regardless
actual
dependency
district
held
statutory
classifications
constitutionally
impermissible
reversing
administrative
decision
ordering
benefits
paid
children
held
judicial
scrutiny
traditionally
devoted
cases
involving
discrimination
along
lines
race
national
origin
required
legislation
treats
legitimate
illegitimate
offspring
differently
pp
challenged
statutory
classifications
permissible
reasonably
related
likelihood
dependency
death
failing
extend
presumption
dependency
appellee
children
others
like
act
impermissibly
discriminate
compared
legitimate
children
illegitimate
children
statutorily
deemed
dependent
pp
congress
unwilling
assume
every
child
deceased
insured
dependent
time
death
presuming
dependency
basis
relatively
readily
documented
facts
legitimate
birth
support
order
paternity
decree
relied
upon
indicate
likelihood
continued
actual
dependency
congress
able
avoid
burden
expense
specific
determination
large
number
cases
dependency
objectively
probable
presumptions
aid
administrative
functions
though
may
approximate
rather
precisely
mirror
results
adjudication
show
permissible
fifth
amendment
long
lack
precise
equivalence
exceed
bounds
substantiality
tolerated
applicable
level
scrutiny
pp
challenged
classifications
justified
reasonable
empirical
judgments
consistent
design
qualify
entitlement
benefits
upon
child
dependency
time
parent
death
gomez
perez
new
jersey
welfare
rights
org
cahill
weber
aetna
casualty
surety
levy
louisiana
jimenez
weinberger
frontiero
richardson
distinguished
pp
blackmun
delivered
opinion
burger
stewart
white
powell
rehnquist
joined
stevens
filed
dissenting
opinion
brennan
marshall
joined
post
deputy
solicitor
general
jones
argued
cause
appellant
brief
solicitor
general
bork
assistant
attorney
general
lee
william
kanter
christopher
brown
argued
cause
appellees
brief
thomas
pearlman
justice
blackmun
delivered
opinion
case
presents
issue
constitutionality
due
process
clause
fifth
amendment
provisions
social
security
act
condition
eligibility
certain
illegitimate
children
surviving
child
insurance
benefits
upon
showing
deceased
wage
earner
claimant
child
parent
time
death
living
child
contributing
support
robert
cuffee
deceased
lived
belmira
lucas
years
never
married
two
children
born
years
ruby
lucas
darin
lucas
cuffee
lucas
separated
cuffee
died
providence
home
died
without
ever
acknowledged
writing
paternity
either
ruby
darin
never
determined
judicial
proceeding
lifetime
father
either
child
cuffee
death
lucas
filed
application
behalf
ruby
darin
surviving
children
benefits
social
security
act
stat
amended
ed
supp
iv
based
upon
cuffee
earnings
record
ii
operative
terms
act
provides
unmarried
son
daughter
individual
died
fully
currently
insured
act
may
apply
entitled
survivor
benefit
applicant
years
age
time
application
student
years
age
dependent
within
meaning
statute
time
parent
death
child
considered
dependent
purpose
insured
father
living
contributing
child
support
time
death
certain
children
however
relieved
burden
individualized
proof
dependency
unless
child
adopted
individual
child
legitimate
child
entitled
inherit
personal
property
insured
parent
estate
applicable
state
intestacy
law
considered
dependent
time
parent
death
even
lacking
relationship
state
law
child
unless
adopted
individual
entitled
presumption
dependency
decedent
death
gone
marriage
ceremony
parent
resulting
purported
marriage
nonobvious
legal
defect
valid
writing
acknowledged
child
decreed
child
father
ordered
support
child
child
examiner
social
security
administration
hearings
determined
cuffee
paternity
established
children
failed
demonstrate
dependency
proof
cuffee
either
lived
contributing
support
time
death
statutory
presumptions
dependency
thus
entitled
survivorship
benefits
act
appeals
council
social
security
administration
affirmed
rulings
became
final
decision
secretary
health
education
welfare
lucas
timely
filed
action
pursuant
act
district
district
rhode
island
behalf
two
children
hereinafter
sometimes
called
appellees
review
secretary
decision
district
ultimately
affirmed
factual
findings
administrative
agency
robert
cuffee
children
father
never
acknowledged
paternity
writing
paternity
support
obligations
subject
judicial
proceeding
lifetime
marriage
ever
contracted
cuffee
lucas
children
inherit
cuffee
personal
property
intestacy
law
rhode
island
time
death
neither
living
children
contributing
support
supp
none
factual
matters
issue
motion
summary
judgment
filed
appellees
relied
jimenez
weinberger
urged
denial
benefits
case
paternity
clear
violated
fifth
amendment
due
process
clause
provision
comprehends
principle
equal
protection
laws
children
including
legitimate
children
statutorily
entitled
lucas
children
survivorship
benefits
regardless
actual
dependency
addressing
issue
district
ruled
statutory
classifications
constitutionally
impermissible
recognizing
web
statutory
provisions
regarding
presumptive
dependency
overinclusive
entitled
children
actually
dependent
survivorship
benefits
act
although
underinclusive
since
otherwise
eligible
child
establish
actual
dependency
time
death
denied
benefits
concluded
act
intended
merely
replace
actual
support
child
lost
death
insured
parent
rather
characterized
statute
one
designed
replace
obligations
support
potential
support
lost
death
obligation
perceived
congress
basis
responsibility
relation
child
parents
valid
one
thus
concluded
act
conditions
eligibility
basis
congress
views
entitled
support
reflects
society
view
legitimate
legitimated
children
entitled
support
parent
illegitimate
children
legitimate
governmental
interest
thus
support
challenged
classification
gomez
perez
emphasis
original
secretary
appealed
directly
noted
probable
jurisdiction
set
case
argument
norton
mathews
post
iii
secretary
disagree
lucas
children
others
similarly
circumstanced
treated
differently
class
children
legitimate
illegitimate
relieved
statutory
presumption
requirement
proving
actual
dependency
time
death
cohabitation
contribution
children
advantaged
classes
may
statutorily
entitled
benefits
even
never
dependent
upon
father
claim
statutory
classifications
course
per
se
unconstitutional
matter
depends
upon
character
discrimination
relation
legitimate
legislative
aims
essential
inquiry
inevitably
dual
one
legitimate
governmental
interest
classification
promote
fundamental
personal
rights
might
classification
endanger
weber
aetna
casualty
surety
although
district
concluded
close
judicial
scrutiny
statute
classifications
necessary
conclusion
invalidating
classifications
also
concluded
legislation
treating
legitimate
illegitimate
offspring
differently
constitutionally
suspect
requires
judicial
scrutiny
traditionally
devoted
cases
involving
discrimination
along
lines
race
national
origin
appellees
echo
approach
disagree
true
course
legal
status
illegitimacy
however
defined
like
race
national
origin
characteristic
determined
causes
within
control
illegitimate
individual
bears
relation
individual
ability
participate
contribute
society
recognized
weber
visiting
condemnation
upon
child
order
express
society
disapproval
parents
liaisons
illogical
unjust
moreover
imposing
disabilities
illegitimate
child
contrary
basic
concept
system
legal
burdens
bear
relationship
individual
responsibility
wrongdoing
obviously
child
responsible
birth
penalizing
illegitimate
child
ineffectual
well
unjust
way
deterring
parent
omitted
therefore
adhere
earlier
view
see
labine
vincent
act
discrimination
individuals
basis
legitimacy
command
extraordinary
protection
majoritarian
political
process
san
antonio
school
dist
rodriguez
exacting
scrutiny
entail
see
jimenez
weber
iv
consistent
decisions
secretary
explains
design
statutory
scheme
assailed
program
provide
children
deceased
insureds
demonstrate
need
terms
dependency
times
insureds
deaths
cf
jimenez
authenticates
description
reference
explicit
language
act
specifying
applicant
child
classification
legitimate
acknowledged
ultimately
relevant
determination
dependency
reference
legislative
history
indicating
statute
general
welfare
provision
legitimate
otherwise
approved
children
deceased
insureds
intended
replace
support
lost
child
father
dies
taking
explanation
face
value
think
clear
conditioning
entitlement
upon
dependency
time
death
impermissibly
discriminatory
providing
children
loss
parent
immediate
source
need
cf
geduldig
aiello
jefferson
hackney
richardson
belcher
see
also
weber
appellees
contend
actual
design
statute
belies
secretary
description
statute
intended
provide
support
insured
decedents
children
generally
legitimate
claim
support
without
regard
actual
dependency
death
case
assert
statute
matrix
classifications
bears
adequate
relationship
actual
dependency
death
since
dependency
justify
statute
discriminations
appellees
argue
classifications
must
fall
gomez
perez
supra
assertions
effect
one
basis
appellees
argument
obvious
fact
presumptions
dependency
renders
class
incrementally
overinclusive
sense
children
within
class
presumptive
dependents
automatically
entitled
benefits
statute
although
fact
prove
economic
dependence
upon
insured
wage
earners
time
death
conclude
statutory
classifications
permissible
however
reasonably
related
likelihood
dependency
death
congress
purpose
adopting
statutory
presumptions
dependency
obviously
serve
administrative
convenience
congress
unwilling
assume
every
child
deceased
insured
dependent
time
death
presuming
dependency
basis
relatively
readily
documented
facts
legitimate
birth
existence
support
order
paternity
decree
relied
upon
indicate
likelihood
continued
actual
dependency
congress
able
avoid
burden
expense
specific
determination
large
number
cases
dependency
objectively
probable
presumptions
aid
administrative
functions
though
may
approximate
rather
precisely
mirror
results
adjudication
show
permissible
fifth
amendment
long
lack
precise
equivalence
exceed
bounds
substantiality
tolerated
applicable
level
scrutiny
see
weinberger
salfi
cases
strictest
scrutiny
approximations
must
supported
least
showing
government
dollar
lost
overincluded
benefit
recipients
returned
dollar
saved
administrative
expense
avoided
frontiero
richardson
plurality
opinion
standard
review
appropriate
however
materiality
relation
statutory
classifications
likelihood
dependency
assertedly
reflect
need
scientifically
substantiated
james
strange
quoting
roth
opinion
harlan
case
believe
congress
required
realm
less
strictest
scrutiny
weigh
burdens
administrative
inquiry
solely
terms
dollars
ultimately
spent
ignoring
relative
amounts
devoted
administrative
rather
welfare
uses
cf
weinberger
salfi
finally
scrutiny
showing
judged
toothless
one
jimenez
weinberger
frontiero
richardson
stewart
concurring
judgment
powell
concurring
judgment
reed
reed
burden
remains
upon
appellees
demonstrate
insubstantiality
relation
see
lindsley
natural
carbonic
gas
cf
gainey
applying
principles
think
statutory
classifications
challenged
justified
reasonable
empirical
judgments
consistent
design
qualify
entitlement
benefits
upon
child
dependency
time
parent
death
begin
note
statutory
scheme
significantly
different
provisions
confronted
cases
invalidated
legislative
discriminations
among
children
basis
legitimacy
see
gomez
perez
new
jersey
welfare
rights
org
cahill
weber
aetna
casualty
surety
levy
louisiana
differences
render
cases
little
assistance
appellees
fairly
argued
respect
statutes
struck
cases
legitimacy
child
simply
taken
indication
dependency
valid
ground
qualification
one
statutes
legitimate
child
automatically
entitled
benefits
illegitimate
child
denied
benefits
solely
finally
basis
illegitimacy
regardless
demonstration
dependency
legitimate
factor
see
also
griffin
richardson
supp
md
summarily
aff
davis
richardson
supp
summarily
aff
weber
aetna
casualty
surety
supra
sole
partial
exception
statutory
scheme
provided
child
equal
recovery
workmen
compensation
plan
event
death
father
child
dependent
also
dependent
child
legitimate
jimenez
weinberger
supra
invalidating
discrimination
among
afterborn
illegitimate
children
entitlement
child
disability
benefits
social
security
act
similarly
distinguishable
somewhat
related
statutory
matrix
considered
legitimate
children
capable
inheriting
personal
property
state
intestacy
law
illegitimate
solely
account
nonobvious
defect
parents
marriage
eligible
benefits
even
born
onset
father
disability
illegitimate
afterborn
children
conclusively
denied
benefits
regardless
showing
dependency
held
discrimination
among
illegitimate
afterborn
children
impermissible
rejecting
secretary
claim
classification
based
upon
considerations
regarding
trustworthy
proof
dependency
accept
assertion
blanket
conclusive
exclusion
appellants
subclass
illegitimates
reasonably
related
prevention
spurious
claims
dependency
assuming
appellants
fact
dependent
claimant
father
serve
purposes
act
conclusively
deny
opportunity
establish
dependency
right
insurance
benefits
conclusively
deny
one
subclass
benefits
presumptively
available
denies
former
equal
protection
laws
guaranteed
due
process
provision
fifth
amendment
course
enough
simply
child
deceased
insured
eligible
benefits
upon
showing
dependency
frontiero
richardson
supra
found
impermissible
qualify
entitlement
dependent
benefits
married
woman
uniformed
services
upon
individualized
showing
husband
actual
dependence
upon
half
income
showing
actual
dependency
required
married
man
uniformed
services
obtain
dependent
benefits
account
wife
invalidity
discrimination
rested
upon
overbroad
assumption
schlesinger
ballard
underlying
discrimination
male
workers
earnings
vital
support
families
earnings
female
wage
earners
significantly
contribute
families
support
weinberger
wiesenfeld
see
frontiero
contrast
statute
broadly
discriminate
legitimates
illegitimates
without
carefully
tuned
alternative
considerations
presumption
dependency
withheld
absence
significant
indication
likelihood
actual
dependency
moreover
say
factors
give
rise
presumption
dependency
lack
substantial
relation
likelihood
actual
dependency
rather
agree
assessment
originally
ruled
norton
weinberger
supp
md
clearly
rational
presume
overwhelming
number
legitimate
children
actually
dependent
upon
parents
support
likewise
children
invalid
marriage
typically
live
wage
earner
home
supported
order
support
entered
reasonable
assume
compliance
occurred
paternity
decree
necessarily
ordering
support
almost
strongly
suggest
support
subsequently
obtained
conceding
written
acknowledgment
lacks
imprimatur
judicial
proceeding
establishes
basis
rational
presumption
men
customarily
affirm
writing
responsibility
illegitimate
child
unless
child
man
acknowledged
child
likely
provide
support
one
sure
none
statutory
criteria
compels
extension
presumption
dependency
constitutional
question
whether
presumption
required
whether
permitted
ratifying
statutory
classifications
role
hypothesize
independently
desirability
feasibility
possible
alternative
basis
presumption
matters
practical
judgment
empirical
calculation
congress
drawing
upon
practical
experience
congress
tailored
statutory
classifications
accord
calculations
likelihood
actual
support
suggested
narrow
set
objective
apparently
reasonable
indicators
role
simply
determine
whether
congress
assumptions
inconsistent
insubstantial
reasonably
supportive
conclusions
individualized
factual
inquiry
order
isolate
nondependent
child
given
class
cases
unwarranted
administrative
exercise
end
precise
accuracy
congress
calculations
matter
specialized
judicial
competence
basis
question
detail
beyond
evident
consistency
substantiality
cf
gainey
say
expectations
unfounded
indiscriminate
render
statute
classifications
baseless
conclude
short
failing
extend
presumption
dependency
appellees
others
like
act
impermissibly
discriminate
compared
legitimate
children
illegitimate
children
statutorily
deemed
dependent
reversed
footnotes
every
child
defined
section
title
individual
dies
fully
currently
insured
individual
child
filed
application
child
insurance
benefits
time
application
filed
unmarried
either
attained
age
student
attained
age
dependent
upon
individual
ii
individual
died
time
death
shall
entitled
child
insurance
benefit
month
beginning
first
month
august
child
becomes
entitled
insurance
benefits
determining
whether
applicant
child
fully
currently
insured
individual
purposes
subchapter
secretary
shall
apply
law
applied
determining
devolution
intestate
personal
property
courts
state
insured
individual
domiciled
time
death
applicants
according
law
status
relative
taking
intestate
personal
property
child
shall
deemed
section
act
provides
pertinent
part
child
shall
deemed
dependent
upon
father
adopting
father
mother
adopting
mother
time
specified
paragraph
subsection
unless
time
individual
living
contributing
support
child
child
neither
legitimate
adopted
child
individual
child
adopted
individual
additionally
child
qualifies
see
supra
considered
legitimate
purposes
thus
dependent
section
set
forth
provides
pertinent
part
child
deemed
child
fully
currently
insured
individual
pursuant
section
section
shall
deemed
legitimate
child
individual
therefore
presumptively
dependent
section
set
forth
provides
applicant
son
daughter
fully
currently
insured
individual
deemed
child
insured
individual
subparagraph
applicant
shall
nevertheless
deemed
child
insured
individual
insured
individual
mother
father
case
may
applicant
went
marriage
ceremony
resulting
purported
marriage
legal
impediment
described
last
sentence
paragraph
valid
marriage
impediment
resulting
lack
dissolution
previous
marriage
otherwise
arising
previous
marriage
dissolution
ii
resulting
defect
procedure
followed
connection
purported
marriage
applicant
son
daughter
fully
currently
insured
individual
deemed
child
insured
individual
paragraph
subsection
shall
nevertheless
deemed
child
insured
individual
case
deceased
individual
insured
individual
acknowledged
writing
applicant
son
daughter
ii
decreed
father
applicant
iii
ordered
contribute
support
applicant
applicant
son
daughter
acknowledgment
decree
order
made
death
individual
ii
insured
individual
shown
evidence
satisfactory
secretary
father
applicant
insured
individual
living
contributing
support
applicant
time
insured
individual
died
upon
original
petition
review
district
affirmed
administrative
findings
made
remanded
case
secretary
determine
status
relationship
children
parents
question
left
unconsidered
first
administrative
proceeding
adverse
determination
point
unsuccessful
administrative
appeal
lucas
behalf
children
timely
sought
review
district
presenting
marriage
question
asserting
constitutional
challenge
act
district
affirmed
administrative
conclusion
marriage
turned
constitutional
questions
subject
appeal
see
jimenez
weinberger
dept
agriculture
moreno
frontiero
richardson
plurality
opinion
district
affirmed
secretary
factual
findings
memorandum
order
entered
august
viewing
constitutional
claim
one
requiring
convention
district
single
district
judge
reach
issue
district
convened
disbanded
appellees
renewed
motion
summary
judgment
omitted
earlier
request
injunctive
relief
constitutional
claim
thus
correctly
determined
single
district
judge
adds
nothing
say
illegitimate
child
also
saddled
procedural
burden
proving
entitlement
basis
facts
legitimate
child
need
prove
legitimate
child
required
like
illegitimate
prove
facts
upon
statutory
entitlement
rests
appellees
suggest
successfully
strict
judicial
scrutiny
statutory
classifications
required
regulating
entitlement
survivorship
benefits
statute
discriminatorily
interferes
interests
constitutional
fundamentality
weinberger
salfi
dandridge
williams
course
found
privacy
familial
relationships
entitled
procedural
due
process
protections
disruption
state
whether
relationships
legitimized
marriage
state
law
stanley
illinois
concerns
relevant
context
tangential
analysis
since
statutory
scheme
interfere
way
familial
relations
see
loving
virginia
bolling
sharpe
see
oyama
california
korematsu
hirabayashi
statutory
classifications
challenged
discriminate
among
illegitimate
children
mean
course
also
properly
described
discriminating
legitimate
illegitimate
children
see
frontiero
richardson
supra
cf
weber
aetna
casualty
surety
view
conclusion
regarding
applicable
standard
judicial
scrutiny
need
consider
classes
legitimate
illegitimate
children
constitutionally
defined
appellees
approach
significance
consideration
seem
suggested
provisions
enabling
parents
legitimatize
children
born
illegitimate
compare
weber
labine
vincent
course
status
dependency
recognized
statute
wholly
within
control
parent
rodriguez
identified
suspect
class
entitled
protections
strict
judicial
scrutiny
one
saddled
disabilities
subjected
history
purposeful
unequal
treatment
relegated
position
political
powerlessness
command
extraordinary
protection
majoritarian
political
process
bound
agree
secretary
description
legislative
design
legislative
history
structure
provisions
belie
weinberger
wiesenfeld
jimenez
weinberger
appellees
unable
however
summon
meaningful
legislative
history
support
position
regarding
congressional
design
rely
largely
upon
section
conference
committee
report
amendments
social
security
act
reproduced
cong
rec
partially
explaining
addition
set
forth
supra
act
child
paid
benefits
based
father
earnings
without
regard
whether
status
child
state
inheritance
laws
father
supporting
child
legal
obligation
thus
appellees
order
make
case
must
ultimately
rely
upon
asserted
failure
legislative
product
adequately
fit
purported
legitimate
aim
provisions
may
thus
reflect
secondary
purpose
congress
course
moment
mcginnis
royster
vacated
remanded
proceedings
light
jimenez
adhered
remand
supp
aff
sub
nom
norton
mathews
post
secretary
pointing
set
forth
specific
terms
provides
child
deemed
child
fully
currently
insured
individual
pursuant
section
section
shall
deemed
legitimate
child
individual
urges
misconstrued
statute
jimenez
concluding
applicant
qualifying
child
considered
legitimate
child
therefore
dependent
question
however
correctness
conclusion
first
operation
recognition
legitimacy
state
law
giving
rise
presumption
dependency
takes
consistent
operational
meaning
second
specifically
exclude
child
qualified
child
considered
legitimate
anomalous
effect
illegitimate
child
acknowledged
written
statement
insured
father
example
deprived
otherwise
established
eligibility
benefits
see
applicable
state
law
acknowledgment
worked
make
child
intestate
heir
moreover
legislative
history
clear
social
security
amendments
pub
stat
adding
act
inserting
provision
specifying
child
shall
deemed
legitimate
therefore
dependent
child
death
benefit
purposes
intended
effect
deeming
child
legitimate
thus
dependent
see
discussing
appellees
suggest
unwilling
assume
discrimination
children
appellees
class
state
intestacy
laws
constitutionally
prohibited
see
labine
vincent
case
appellees
made
eligible
benefits
justice
stevens
justice
brennan
justice
marshall
join
dissenting
reason
government
add
burdens
illegitimate
children
inevitably
acquire
birth
radiantly
clear
committed
proposition
persons
created
equal
reason
approving
discrimination
class
administrative
convenience
opaque
insufficient
opaque
difference
justification
argument
rejected
jimenez
weinberger
difficult
discern
insufficient
unfairly
evaluates
competing
interests
stake
jimenez
involved
requirement
wage
earner
must
contributed
support
illegitimate
child
prior
onset
disability
case
involves
requirement
deceased
wage
earner
contributing
support
illegitimate
child
time
death
critical
objections
classification
held
invalid
jimenez
apply
equal
force
case
classification
jimenez
overinclusive
conclusively
presumed
legitimates
illegitimates
dependent
disabled
wage
earner
many
persons
fact
dependent
since
legitimate
well
illegitimate
children
sometimes
abandoned
father
death
precisely
objection
applies
statutory
classification
moreover
jimenez
classification
underinclusive
conclusively
excluded
illegitimates
fact
dependent
wage
earner
case
two
appellee
children
conclusively
excluded
class
eligibles
even
though
supported
father
years
eight
years
respectively
underinclusiveness
jimenez
classification
arbitrary
classification
even
objectionable
attaches
greater
weight
support
particular
moment
time
support
several
years
duration
jimenez
secretary
told
classification
designed
prevent
spurious
claims
held
objective
insufficient
justify
blanket
conclusive
exclusion
subclass
illegitimates
statute
changed
told
justification
similar
blanket
conclusive
exclusion
administrative
convenience
suggest
merely
different
name
federal
interest
statutory
classification
affect
processing
claims
way
except
substituting
mechanical
test
dependency
kind
inquiry
otherwise
required
differentiate
spurious
genuine
unable
identify
relevant
difference
jimenez
case
ii
recognizes
legal
status
illegitimacy
however
defined
like
race
national
origin
characteristic
determined
causes
within
control
illegitimate
individual
bears
relation
individual
ability
participate
contribute
society
ante
reason
also
recognizes
imposing
disabilities
illegitimate
child
contrary
basic
concept
system
legal
burdens
bear
relationship
individual
responsibility
wrongdoing
ibid
thus
starts
analysis
premise
statutory
classification
illogical
unjust
ibid
seems
rather
plain
premise
demands
conclusion
classification
invalid
unless
justified
weightier
governmental
interest
merely
administrative
convenience
characterized
purpose
statute
providing
benefits
individuals
legitimate
claim
support
deceased
wage
earner
rather
actually
dependent
wage
earner
time
death
analysis
provisions
statute
allow
certain
classes
legitimate
children
receive
benefits
without
showing
actual
dependency
statutory
presumptions
aid
administrative
convenience
appropriate
reading
statute
goes
however
hold
presumptions
aid
administrative
convenience
permissible
long
lack
precise
equivalence
fact
giving
rise
presumption
fact
presumed
exceed
bounds
substantiality
tolerated
applicable
level
scrutiny
ante
opinion
tells
us
little
however
applicable
level
scrutiny
exacting
scrutiny
ante
hand
classification
derives
possibly
rational
support
another
source
inherently
untenable
simply
rests
part
illegitimacy
ante
believe
admittedly
illogical
unjust
result
accepted
without
better
explanation
also
something
possibly
rational
basis
repeatedly
held
distinctions
disfavor
illegitimates
simply
illegitimate
invalid
gomez
perez
weber
aetna
casualty
surety
however
irrational
may
burden
innocent
children
parents
marry
illegitimates
nonetheless
traditionally
disfavored
class
society
tradition
disfavor
especially
vigilant
examining
classification
involves
illegitimacy
traditional
classification
likely
used
without
pausing
consider
justification
newly
created
classification
habit
rather
analysis
makes
seem
acceptable
natural
distinguish
male
female
alien
citizen
legitimate
illegitimate
much
history
inertia
distinguishing
black
white
sort
stereotyped
reaction
may
rational
relationship
pure
prejudicial
discrimination
stated
purpose
classification
made
case
true
classification
according
one
children
dependent
fathers
children
dependent
subsidiary
classifications
actual
effect
allowing
certain
children
eligible
benefits
regardless
actual
dependency
supposedly
justified
increased
convenience
agency
required
every
case
determine
dependency
classifications
actually
bear
substantial
relationship
fact
dependency
statute
one
another
criteria
giving
rise
presumption
dependency
exists
make
almost
children
deceased
wage
earners
eligible
child
legitimate
qualifies
child
illegitimate
nonobvious
defect
parents
marriage
qualifies
declared
father
fact
father
issued
order
support
father
father
acknowledged
child
writing
qualifies
apart
qualifications
child
lucky
enough
live
state
allows
inherit
intestate
father
par
children
also
qualifies
none
situations
need
allege
much
less
prove
actual
dependency
indeed
contrary
fact
undisputed
nevertheless
qualified
today
attempts
length
explain
factors
rationally
substantially
related
actual
fact
dependency
adopting
even
somewhat
tenuous
rationalization
district
en
customarily
affirm
writing
responsibility
illegitimate
child
unless
child
man
acknowledged
child
likely
provide
support
one
ante
without
also
noting
man
lives
woman
years
two
children
born
always
orally
acknowledged
children
lived
children
supported
may
never
perceive
need
make
formal
written
acknowledgment
paternity
even
tenuous
asserted
relationship
status
illegitimate
state
intestacy
law
actual
dependency
asserts
embodiment
popular
view
within
jurisdiction
parent
property
devolve
among
children
event
death
without
specific
directions
legislation
also
reflects
degree
popular
conception
within
jurisdiction
felt
parental
obligation
illegitimate
child
circumstances
thus
something
likelihood
actual
parental
support
well
life
ante
nebulous
inference
upon
inference
treated
acceptable
evidence
actual
dependency
proof
actual
support
many
years
whether
classification
expressed
terms
eligible
classes
terms
presumptions
dependency
fact
remains
legitimacy
written
acknowledgments
state
law
make
eligible
many
children
likely
dependent
children
appellees
situation
yet
name
administrative
convenience
allows
survivors
benefits
allocated
grounds
tenuous
connection
supposedly
controlling
factor
child
dependency
father
persuaded
classification
sustained
today
name
administrative
convenience
probably
product
tradition
thinking
illegitimates
less
deserving
persons
legitimates
sovereign
firmly
reject
tradition
fact
illegitimacy
apparent
observer
sex
race
make
governmental
classification
less
odious
denied
source
social
opprobrium
even
wholly
unmerited
circumstance
individual
responsibility
whatsoever
fair
evaluation
competing
interests
stake
litigation
requires
affirmance
judgment
district
respectfully
dissent
even
children
might
rationally
classified
basis
whether
dependent
upon
disabled
parent
act
definition
two
subclasses
illegitimates
overinclusive
benefits
children
legitimated
entitled
inherit
illegitimate
solely
defect
marriage
parents
dependent
disabled
parent
conversely
act
underinclusive
conclusively
excludes
illegitimates
appellants
subclass
fact
dependent
upon
disabled
parent
thus
shown
record
two
subclasses
illegitimates
stand
equal
footing
potential
spurious
claims
hence
conclusively
deny
one
subclass
benefits
presumptively
available
denies
former
equal
protection
laws
guaranteed
due
process
provision
fifth
amendment
survivors
receive
benefits
show
dependency
parents
widowers
pure
discrimination
certainly
legitimate
purpose
federal
government
especially
sensitive
discrimination
grounds
birth
distinctions
citizens
solely
ancestry
nature
odious
free
people
whose
institutions
founded
upon
doctrine
equality
hirabayashi
inception
federal
government
directed
treat
citizens
created
equal
eyes
law
declaration
independence
hold
truths
men
created
equal
endowed
creator
certain
unalienable
rights
among
life
liberty
pursuit
happiness
relationship
entitling
presumption
actual
fact
dependency
nebulous
conclusion
supported
resort
supposed
popular
conception
within
jurisdiction
classification
must
either
irrational
serve
purpose
one
assertedly
justified