heckler mathews argued december decided march prior spousal benefits social security act act payable husbands widowers demonstrate dependency wives support whereas wives widows entitled benefits without showing dependency husbands califano goldfarb affirmed district judgment holding dependency requirement widowers violated equal protection component due process clause fifth amendment thereafter repealing dependency requirement widowers husbands congress order avoid fiscal drain social security trust fund enacted pension offset provision generally requires reduction spousal benefits amount federal state government pensions received social security applicant however order protect interests individuals retired retire planned retirements reliance entitlement law spousal benefits unreduced government pension benefits congress exempted pension offset requirement spouses eligible receive pension benefits prior december qualified unreduced spousal benefits act administered january congress also included severability clause substance provides exception pension offset requirement held invalid requirement affected application exception broadened include persons included within appellee husband hereafter appellee retiring postal service applied husband benefits act account wife retired earlier fully insured act determined administratively although appellee entitled spousal benefits entirely offset postal service pension pursuant pension offset provision act appellee wife brought class action federal district alleging application pension offset provision nondependent men similarly situated nondependent women violated due process clause fifth amendment severability clause also unconstitutional district held pension offset provision severability clause unconstitutional concluding latter valid deprive appellee standing bring action preventing receiving spousal benefits prevails allowed held appellee standing prosecute action right asserts right receive benefits according classifications without sufficient justification differentiate among covered applicants solely basis sex substantive right particular amount benefits appellee standing depend ability obtain increased social security payments right equal treatment guaranteed constitution coextensive substantive rights benefits denied party discriminated rather discrimination perpetuating archaic stereotypic notions stigmatizing members disfavored group innately inferior therefore less worthy participants political community cause serious noneconomic injuries persons denied equal treatment solely membership disfavored group severability clause forbid extension benefits excluded class withdrawal benefits favored class injury caused unequal treatment allegedly suffered appellee may redressed pp pension offset exception applies otherwise eligible men show dependency wives support language history exception plainly demonstrate congress intended resurrect grace period dependency test law afford protection anticipated receiving spousal benefits prior goldfarb without providing also qualify result goldfarb decision interpret exception appellee urges incorporate classification kind invalidated goldfarb instead exempts offset requirement men women without regard dependency defeat congress intention rendering offset requirement applicable applicants frustrate congressional aim preventing fiscal drain social security trust fund pp classification pension offset exception constitutional pp although temporarily reviving classification invalidated goldfarb offset exception directly substantially related important governmental objective protecting individuals planned retirements reasonable reliance law effect prior decision receive spousal benefits unreduced amount government pensions also entitled objective provides exceedingly persuasive justification classification incorporated offset exception pp means employed statute substantially related achievement objective reviving period eligibility criteria effect january offset exception narrowly tailored protect persons made retirement plans prior changes law occurred date persons men well women may receive spousal benefits unreduced government pensions persons men well women first became eligible benefits january may exception distinguishes social security applicants according archaic generalizations roles abilities men women rather according whether planned retirements expectation created law effect january receive full spousal benefits government pension pp brennan delivered opinion unanimous mark levy argued cause appellant briefs solicitor general lee assistant attorney general mcgrath deputy solicitor general geller john benn argued cause appellees brief robert bunch bruce miller isabelle katz pinzler burt neuborne nancy duff campbell filed brief american civil liberties union et al amici curiae urging affirmance edith fierst joseph henderson james rosa filed brief american federation government employees et al amici curiae justice brennan delivered opinion califano goldfarb held classification provisions social security act violated right equal protection laws guaranteed due process clause fifth amendment case district northern district alabama held amendments act adopted partly response decision unjustifiably revive classification invalidated goldfarb therefore also violate fifth amendment app juris statement secretary health human services appealed directly noted probable jurisdiction reverse social security act act provides spousal benefits wives husbands widows widowers retired disabled wage earners ed supp prior december benefits payable husbands widowers demonstrate dependency wives support wives widows hand entitled spousal benefits without showing dependency husbands see former march califano goldfarb supra affirmed judgment district held dependency requirement widowers violated equal protection component due process clause fifth amendment subsequently summarily affirmed two district decisions invalidating dependency requirement husbands benefits califano silbowitz jablon califano following decisions part general reform social security system congress repealed dependency requirement widowers husbands social security amendments amendments pub stat supp see pp concluded however elimination dependency test increasing number individuals entitled spousal benefits create serious fiscal problem social security trust fund see problem particularly acute respect large number retired federal state employees become eligible spousal benefits unlike applicants must offset dual social security benefits retired civil servants time amendments receive full amount spousal benefits government pensions entitled congress estimated payment unreduced spousal benefits individuals cost system estimated million supra avoid fiscal drain congress included part amendments pension offset provision generally requires reduction spousal benefits amount certain federal state government pensions received social security applicant amendments supp congress estimated percent savings achieved pension offset provision proposed senate attributable reduction payments nondependent husbands widowers entitled spousal benefits prior decision goldfarb see supra remaining portion savings however come reduction benefits individuals mostly women also dependent men retired retire planned retirements reliance entitlement law spousal benefits unreduced government pension benefits see ibid conf conf order protect reliance interests group see infra congress exempted pension offset requirement ultimately enacted spouses eligible receive pension benefits prior december qualified unreduced spousal benefits act effect administered january amendments note following supp subsection established grace period individuals qualified spousal benefits january congress also included severability clause provides provision subsection application thereof person circumstance held invalid remainder section shall affected thereby application subsection persons circumstances shall also considered invalid amendments note following supp appellee robert mathews hereafter mathews appellee retired job postal service november wife retired job months earlier fully insured social security act december mathews applied husband benefits wife account review application social security administration ssa informed mathews entitled spousal benefits per month appellee acknowledged dependent upon wife support amount entirely offset per month postal service pension accordance amendments supp app juris statement hearing administrative law judge alj affirmed ssa initial decision alj decision turn affirmed appeals council department health human services thereby became final decision secretary mathews wife brought class action secretary district northern district alabama act complaint alleged application pension offset provision amendments mathews nondependent men similarly situated nondependent women violated due process clause fifth amendment sought declaratory judgment effect appellee also contended severability clause amendments unconstitutional district certified nationwide class composed applicants husband insurance benefits whose applications denied beginning days filing complaint solely statutory requirement husbands must received support wives order entitled benefits app juris statement shortly thereafter district filed opinion order holding pension offset exception severability clause unconstitutional noted essence exception pension offset provides grace period women retire within five years enactment men retire within five years enactment economically dependent upon wives light classification noted offset exception upheld serve important governmental objectives substantially related achievement objectives quoting craig boren decided exception justified protecting reliance interests individuals planned retirements prior amendments expectation undiminished benefits requiring men prove dependency notwithstanding decision goldfarb offset exception presumes women relied upon practices social security administration yet men relied upon decision app juris statement accordingly held portion exception pension offset provision requires male applicant prove received economic support wife violates equal protection guarantees due process clause fifth amendment omitted invalidated exception offset provision district considered severability clause noted event appellee obtained judgment offset exception unconstitutionally discriminates clause valid require nullification exception persons rather extension exception persons like appellee consequently government retirees covered social security without regard gender dependency spousal benefits offset amount government pensions characterized effect severability clause effort congress mandate outcome challenge validity pension offset exception making challenge fruitless even plaintiff achieved success classification stricken derive personal benefit decision pension offset applied applicants without exception view congress meant defeat reliance interests government retirees way concluded severability clause expression true congressional intent instead adroit attempt discourage bringing action destroying standing ibid accordingly held severability provision unconstitutional ordered secretary pay mathews rest plaintiff class full spousal benefits without regard dependency without offsetting amount government pensions ii may affect jurisdiction see linda richard consider first district conclusion severability provision amendments valid deprive appellee standing bring action preventing receiving spousal benefits prevails allowed appellee agrees district analysis reason contends severability clause amounts unconstitutional attempt congress thwart jurisdiction remedial power federal courts agree secretary however right asserted appellee right receive benefits distributed according classifications without sufficient justification differentiate among covered applicants solely basis sex weinberger wiesenfeld substantive right particular amount benefits appellee standing depend ability obtain increased social security payments order establish standing purposes constitutional case controversy requirement plaintiff must show personally suffered actual threatened injury result putatively illegal conduct defendant gladstone realtors village bellwood injury likely redressed favorable decision simon eastern kentucky welfare rights organization case appellee claims type personal injury long recognized judicially cognizable alleges pension offset exception subjects unequal treatment provision social security benefits solely gender specifically nondependent man receives fewer benefits similarly situated woman app although severability clause prevent redressing inequality increasing benefits payable appellee never suggested injuries caused constitutionally underinclusive scheme remedied extending program benefits excluded class contrary noted sustaining claim faces two remedial alternatives may either declare statute nullity order benefits extend class legislature intended benefit may extend coverage statute include aggrieved exclusion welsh harlan concurring result see califano westcott reason frequently entertained attacks discriminatory statutes practices even government deprive successful plaintiff monetary relief withdrawing statute benefits favored excluded class decisions demonstrate like right procedural due process see carey piphus right equal treatment guaranteed constitution coextensive substantive rights benefits denied party discriminated rather repeatedly emphasized discrimination perpetuating archaic stereotypic notions stigmatizing members disfavored group innately inferior therefore less worthy participants political community mississippi university women hogan cause serious noneconomic injuries persons personally denied equal treatment solely membership disfavored group accordingly justice brandeis explained right invoked equal treatment appropriate remedy mandate equal treatment result accomplished withdrawal benefits favored class well extension benefits excluded class moines national bank bennett severability clause forbid latter former kind relief case injury caused unequal treatment allegedly suffered appellee may redressed favorable decision simon eastern kentucky welfare rights organization supra therefore standing prosecute action iii although appellee prevailed district constitutional claim urges alternative ground affirmance construe pension offset exception incorporate classification kind invalidated califano goldfarb instead exempts offset requirement men women without regard dependency relying maxim statutes construed avoid constitutional questions batchelder contends congress reviving qualifying criteria effect decision goldfarb must presumed done without reenacting dependency test held unconstitutional cannon favoring constructions statutes avoid constitutional questions however license usurp policymaking legislative functions duly elected representatives yu cong eng trinidad see nlrb catholic bishop chicago brennan dissenting sullivan lthough often strain construe legislation save constitutional attack must carry point perverting purpose statute judicially rewriting aptheker secretary state quoting scales case language history offset exception plainly demonstrate congress meant resurrect grace period dependency test law noted supra congress adopted pension offset requirement prevent serious fiscal drain concluded result payment unreduced benefits new class recipients made eligible decision goldfarb nevertheless effort protect reliance interests individuals planned retirement march goldfarb decision resulting amendments act see conf conf congress exempted offset requirement individuals eligible spousal benefits act effect administered january dispute january men eligible benefits upon showing dependency whereas women subject requirement see former califano goldfarb supra nn congress indicated intent revive eligibility criteria including unusual severability clause event classification held invalid sacrifice exception protection reliance interests goal served offset provision preventing undue financial burden system see supra conf supra conf supra consistent plain import provisions senator long chairman senate finance committee principal manager bill senate explained exception clause meant afford protection anticipated receiving spouses benefits prior march without providing also qualify result goldfarb decision cong rec emphasis added see also remarks ullman appellee proposed interpretation exception provision defeat clearly expressed intention rendering offset requirement applicable applicants frustrate congressional aim preventing major fiscal drain social security trust fund accordingly reject appellee construction act conclude exception offset provision applies otherwise eligible men show dependency wives support turn therefore consider constitutionality classification iv recently reviewed firmly established principles evaluate claim gender discrimination like made appellee decisions establish party seeking uphold statute classifies individuals basis gender must carry burden showing exceedingly persuasive justification classification burden met showing least classification serves important governmental objectives discriminatory means employed substantially related achievement objectives although test determining validity classification straightforward must applied free fixed notions concerning roles abilities males females care must taken ascertaining whether statutory objective reflects archaic stereotypic notions thus statutory objective exclude protect members one gender presumed suffer inherent handicap innately inferior objective illegitimate state objective legitimate important next determine whether requisite direct substantial relationship objective means present mississippi university women hogan citations footnotes omitted although offset exception temporarily revives eligibility requirements invalidated goldfarb congress purpose adopting exception bears relationship concerns animated original enactment criteria concluded goldfarb original standards premised assumption females normally dependent earnings spouses males constituted accidental byproduct traditional way thinking females stevens concurring judgment reflected old notions archaic overbroad generalizations roles relative abilities men women plurality opinion accordingly statute objective illegitimate mississippi university women hogan supra provision issue contrast reflects illegitimate government purposes detailed congress adopted offset exception order protect expectations persons men women planned retirements based law receive spousal benefits unreduced amount government pensions also entitled congress accomplished aim incorporating eligibility criteria existed january choice approach rather explicit adoption new standards confirms purpose protect reliance prior law reassert sexist assumptions rejected goldfarb purpose rendered illegitimate fact achieved temporary revival invalidated classification recognized number contexts legitimacy protecting reasonable reliance prior law even requires allowing unconstitutional statute remain effect limited period time see northern pipeline construction marathon pipe line plurality opinion buckley valeo per curiam chevron oil huson see also los angeles dept water power manhart although unconstitutional scheme retained unduly prolonged period name protecting reliance interests even brief period expectations sought protected unreasonable illegitimate indication offset exception suffers either flaws duration exception closely related goal protecting individuals planned retirements reliance prior law see infra appellee suggest expectations individuals hardly anticipated adoption offset requirement unreasonable illegitimate protection reasonable reliance interests legitimate governmental objective provides exceedingly persuasive justification statute issue see kirchberg feenstra personnel administrator mass feeney appellee contest secretary statement significant salutary goal secure retirement plans nation workers good faith long reasonably relied provisions social security act brief appellant instead appellee contends people justifiably relied expectation unreduced benefits actually retired effective date offset provision individuals required offset benefits brief appellees congress determined however many individuals adjusted spending savings habits prior retirements expectation receiving full spousal benefits well government pension reason doubt conclusion one commentator explained many couples undoubtedly made retirement plans adjusted level private saving investment anticipation retirement benefits social security include special benefit spouse abrupt denial benefits cases even spouse received shown truly dependent clearly inequitable since couple savings retirement plans different spouse benefit anticipated thus decided wives prove dependency order receive spouse benefits strong argument made making change gradually avoid inequities couples approaching retirement anticipated benefits available made retirement plans accordingly flowers women social security institutional dilemma identified legitimate important governmental purpose offset exception little trouble concluding means employed statute substantially related achievement objectiv wengler druggists mutual insurance reviving period eligibility criteria effect january exception narrowly tailored protect individuals made retirement plans prior changes law occurred date individuals eligible spousal benefits law changed retire within five years statute enactment may reasonably assumed begun planning retirement prior adoption offset provision see supra persons men well women may receive spousal benefits unreduced government pensions persons men well women first became eligible benefits january may moreover offset exception plainly adopted reasoned analysis rather mechanical application traditional often inaccurate assumptions proper roles men women mississippi university women hogan omitted legislative history set demonstrates congress considered carefully length financial problems led offset provision reliance interests might frustrated requirement solution finally adopted rejection expensive impractical alternatives distinguishes social security applicants according archaic generalizations roles abilities men women rather according whether planned retirements expectation created law effect january receive full spousal benefits government pension exception pension offset requirement set amendments social security act temporarily reviving classification invalidated califano goldfarb directly substantially related important governmental interest protecting individuals planned retirements reasonable reliance law effect prior decision accordingly judgment district reversed footnotes time congress directed department health education welfare include entire question distinctions study proposals eliminate dependency sex discrimination conf thereafter distinctions eliminated act social security amendments pub stat see conf section amendments pub stat note following supp provides full amendments made preceding provisions section section shall apply respect monthly insurance benefit payable subsection case may section social security act individual payable month within period beginning month act enacted eligible month monthly periodic benefit within meaning provisions based upon individual earnings service federal government state political subdivision thereof defined section social security act time application initial entitlement monthly insurance benefit subsection meets requirements subsection effect administered january purposes paragraph individual eligible monthly periodic benefit month benefit payable individual month individual employed month made proper application benefit provision subsection application thereof person circumstance held invalid remainder section shall affected thereby application subsection persons circumstances shall also considered invalid january congress created exception pension offset provision person eligible pension prior july satisfies dependency test pub stat april congress revised pension offset provision applicable persons without exception become eligible retire july requires offsetting public pension pub stat exception offset provision issue case still applies nondependent women eligible pensions prior december nondependent men named plaintiff action accordingly recent amendments act moot case wengler druggists mutual insurance califano goldfarb plurality opinion see baker carr finding standing case injury appellants assert classification disfavors voters counties reside placing position constitutionally unjustifiable inequality voters irrationally favored counties see also linda richard white dissenting although choice extension nullification within constitutional competence federal district califano westcott ordinarily extension rather nullification proper course course use remedial powers circumvent intent legislature opinion powell therefore measure intensity commitment residual policy consider degree potential disruption statutory scheme occur extension opposed abrogation welsh harlan concurring result see also califano westcott supra case congress severability clause clearly expressed preference nullification rather extension pension offset exception event found invalid conclude severability clause deprive appellee standing seek judicial redress alleged discrimination offset exception need consider claim legislative attempt thwart ability remedy constitutional violation violate constitution see brief appellees wengler druggists mutual insurance supra orr orr califano webster kahn shevin stanton stanton see bob jones university havens realty coleman gladstone realtors village bellwood norwood harrison frontiero richardson plurality opinion trafficante metropolitan life ins white concurring brown board education see also sierra club morton consistent justice brandeis explanation appropriate relief denial equal treatment often recognized victims discriminatory government program may remedied end preferential treatment others gilmore city montgomery norwood harrison supra griffin school board prince edward county see also califano westcott supra opinion powell finding federal aid program violative plaintiffs right equal protection arguing appropriate remedy statute enjoin payment benefits applicants including plaintiffs relationship right asserted appellee injury allegedly caused denial right distinguishes case simon eastern kentucky welfare rights organization case concluded indigents contended denied medical treatment hospitals lacked standing challenge government allegedly unlawful administration tax code purely speculative whether injury caused government actions instead attributable decisions made hospitals without regard tax implications contrast doubt direct causal relationship government alleged deprivation appellee right equal protection personal injury appellee suffered denial social security benefits solely basis gender similarly appellee personally denied benefits similarly situated women receive generalized claim right possessed every citizen require government administered according law baker carr quoting fairchild hughes conclusion contrary appellee suggestion altered fact january ssa withholding disputed benefit claims pending disposition goldfarb social security claims manual effect time notes current law requires claimants widower husband benefits meet support requirement requirement challenged law remains unchanged payment made final decision rendered constitutionality support requirement social security administration claims manual transmittal july thus manual indicates provided extant provisions act ssa january pay benefits male claimants failed demonstrate dependency wives individuals identified appellee subject offset requirement interpretation act first became eligible spousal benefits enactment statute december see brief appellees reply brief appellant example amendments shortened number years divorced wife must married eligible spousal benefits effective december pub stat supp number judicial decisions prior subsequent amendments extended eligibility benefits new categories individuals see cooper harris ed young husbands mertz harris supp sd tex remarried widowers yates califano supp wd surviving divorced fathers oliver califano transfer binder cch unempl ins nd cal divorced husbands groups however mentioned legislative history offset exception provisions limiting offset newly eligible beneficiaries frustrate congress express desire prevent financial burden system extending unreduced benefits nondependent men first made eligible goldfarb decision see pp see also wengler druggists mutual insurance weinberger wiesenfeld schlesinger ballard frontiero richardson see conf managers concerned may large numbers women especially widows late fifties already drawing pensions eligible draw within years date enactment bill based work whose retirement income planned assumption availability full wife widow benefits social security conf staff senate committee finance summary social security amendments passed congress comm print assure persons counting benefits many years near retirement age adversely affected includes transitional exception certain individuals social security benefits spouses reduced amount public pension exception applies qualify spouses benefits social security law effect administered january indeed social security act recognizes critical importance protecting individual expectation benefits even circumstances payment contrary current law act forbids recovery overpayments recipient fault recapture equity good conscience latter group includes persons first became entitled spousal benefits amendments well whose eligibility first established judicial decisions issued present see supra offset provision enacted end members group law effect given time might expected receive spousal benefits unreduced government pensions became eligible result goldfarb decisions announced year act protects reliance interests people however providing offset applies applicants file claims spousal benefits december month enactment amendments amendments pub stat note following supp reliance appellee goldfarb decision frustrated operation exception provision rather unfortunate timing retirement informed result march goldfarb decision receive spousal benefits unreduced government pension brief appellees mathews retired october filed application benefits december app applied benefits december exempt offset provision noted took effect day alternatively retired december day amendments enacted known expect spousal benefits unreduced government pension might therefore altered plans although bind thus imposed mathews enactment effective dates amendments regrettable statute rendered fatally underinclusive protects expectations substantially greater duration see staff house committee ways means wmcp summary principal provisions social security financing amendments passed house comm print house version proposing administration study inter alia various proposals mitigate cost impact recent goldfarb decision system describing consideration rejection grounds potential abuse inequity invasion privacy administrative difficulty requirement applicant spousal benefits prove dependency spouse