wengler druggists mutual ins argued february decided april held provision missouri workers compensation laws denying widower benefits wife death unless either mentally physically incapacitated proves dependence wife earnings granting widow death benefits without prove dependence husband earnings violates equal protection clause fourteenth amendment pp statute indisputably mandates discrimination discriminates men women discriminates woman since case death benefits payable spouse meets incapacity dependency tests whereas death benefits automatically paid widow dependency husband conclusively presumed female wage earner thus provided less protection spouse death provided widow deceased male wage earner statute discriminates man survives wife dying accident receive benefits contrast widow must prove incapacity dependency pp justified discriminations must serve important governmental objectives discriminatory means employed must substantially related achievement objectives claimed justification treating men women alike women generally dependent male wage earners efficient presume dependency case women engage determination whereas individualized inquiries cases men might dependent prohibitively costly unsubstantiated thus save discrimination question pp white delivered opinion burger brennan stewart marshall blackmun powell joined stevens filed opinion concurring judgment post rehnquist filed dissenting statement post john reid ii argued cause filed brief appellant ralph kleinschmidt argued cause appellees brief gerre langton ruth bader ginsburg filed brief american civil liberties union et al amici curiae urging reversal solicitor general mccree assistant attorney general days stuart smith brain landsberg mark gross filed brief amicus curiae justice white delivered opinion case challenges equal protection clause fourteenth amendment provision missouri workers compensation laws mo rev stat supp claimed involve invalid discrimination facts dispute february ruth wengler wife appellant paul wengler died accident parking lot employer appellee dicus prescription drugs appellant filed claim death benefits mo rev stat supp widower entitled death benefits unless either mentally physically incapacitated wage earning proves actual dependence wife earnings contrast widow qualifies death benefits without prove actual dependence husband earnings appellant stipulated neither incapacitated dependent wife earnings argued owing disparate treatment similarly situated widows widowers violated equal protection clause fourteenth amendment constitution claim administratively denied circuit madison county reversed holding violated equal protection clause statutory restriction widower recovery death benefits also apply surviving wife dicus insurer appellee druggists mutual insurance ordered pay death benefits appellant appropriate amount app juris statement missouri distinguishing certain cases reversed circuit decision equal protection challenge failed substantive difference economic standing working men women justifies advantage administratively gives widow decision missouri arguably conflicted precedents noted probable jurisdiction reverse ii missouri law indisputably mandates discrimination although missouri view law favored rather disfavored women apparent statute discriminates men women provision discriminates woman covered missouri workers compensation system since case death benefits payable spouse mentally physically incapacitated extent dependent upon tests wengler spouse entitled benefits wengler died however wengler conclusively presumed dependent paid statutory amount life remarried even though may fact dependent wengler benefits therefore working woman expect paid spouse case death less payable spouse deceased male wage earner kind discrimination working women cases identified circumstances found unjustified issue weinberger wiesenfeld provision social security act granted survivors benefits based earnings deceased husband father covered act widow couple minor children care granted benefits based earnings covered deceased wife mother minor children widower concluding provision violated equal protection component fifth amendment noted bviously notion men likely women primary supporters spouses children entirely without empirical support weinberger wiesenfeld supra citing kahn shevin generalization justify distinction found act clearly operate deprive women protection families men receive result employment offensive assumption male workers earnings vital support families earnings female wage earners significantly contribute families support omitted similarly califano goldfarb dealt social security act provision providing survivors benefits widow regardless dependency providing benefits widower receiving least half support deceased wife justice brennan plurality opinion pointed challenged section female insureds received less protection spouses solely sex wiesenfeld provision disadvantaged women compared similarly situated men providing female wage earner less protection family provided family male wage earner even though family needs might identical califano goldfarb supra plurality opinion circumstances found discrimination violative fifth amendment equal protection guarantee frontiero richardson involved similar discrimination serviceman claim wife dependent without regard whether fact dependent upon obtain increased quarters allowances medical dental benefits servicewoman hand claim husband dependent purposes unless fact dependent upon support discrimination devaluing service woman compared man invalidated missouri law missouri courts recognized also discriminates men survive employed wives dying accidents receive benefits surviving male spouse must prove incapacity dependency widow deceased wage earner contrast presumed dependent guaranteed weekly benefit life remarriage discrimination male survivor compared similarly situated female justice stevens identified califano goldfarb supra resulting denial equal protection opinion stevens iii however discrimination described case precedents require discriminations must serve important governmental objectives discriminatory means employed must substantially related achievement objectives califano westcott orr orr califano webster craig boren acknowledging discrimination involved must satisfy craig boren standard missouri stated purpose law favor widows disfavor law passed legislature doubt believed widow need prompt payment death benefits upon husband death without proceedings determine amount dependency widower hence conclusive presumption dependency satisfied perceived need widows generally need common men whose wives might killed working ibid survivor hardship seen legislatur immediate pronounced women men substantive difference economic standing working men women justifies advantage law administratively gives widow ibid providing needy spouses surely important governmental objective orr orr supra missouri statute effects goal paying benefits surviving female spouses surviving male spouses prove dependency question remains whether discriminatory means employed discrimination women wage earners surviving male spouses substantially serves statutory end surely needs surviving widows widowers completely served either paying benefits members classes paying benefits members either class demonstrate need employ discriminatory means paying surviving widows without requiring proof dependency paying widowers make required demonstration justification offered state appellees treating males females alike whether viewed wage earners survivors wage earners assertion women dependent male wage earners efficient presume dependency case women engage determination whereas individualized inquiries postulated cases men might dependent prohibitively costly burden however defending discrimination make claimed justification burden carried simply noting state legislature thought widows need prompt help men today substantive difference economic standing working men women justifies advantage given widows may empirical support proposition men likely principal supporters spouses families weinberger wiesenfeld bare assertion argument falls far short justifying discrimination grounds administrative convenience yet neither appellees essay persuasive demonstration economic consequences state beneficiaries might one way another men women whether wage earners survivors treated equally workers compensation law thus eliminating discrimination described part ii opinion think claimed justification administrative convenience fails prior cases frontiero richardson government claimed empirical matter wives frequently dependent upon husbands husbands rarely dependent upon wives cheaper presume wives dependent upon husbands requiring proof dependency case male found claimed justification insufficient save discrimination reed reed said give mandatory preference members either sex members merely accomplish elimination hearings merits make kind arbitrary legislative choice forbidden equal protection clause see also califano goldfarb opinion stevens may levels administrative convenience justify discriminations subject heightened scrutiny equal protection clause requisite showing made mere claim inconvenient individualize determinations widows well widowers iv thus conclude missouri erred upholding constitutional validity left question whether defect cured extending presumption dependence widowers eliminating widows state legislation issue remedial outcome consonant state legislature overall purpose preferable believe state judges better positioned choose appropriate method remedying constitutional violation accordingly reverse decision missouri remand case proceedings inconsistent opinion ordered footnotes injury causes death either without disability compensation therefor shall provided section cases employer shall pay direct persons furnishing reasonable expense burial deceased employee exceeding two thousand dollars person shall entitled compensation burial expenses deceased employee unless furnished authority widow widower nearest relative deceased employee county death personal representative employer shall right give authority order named fees charges section shall fair reasonable shall subject regulation division commission shall limited fair reasonable similar service persons like standard living division commission shall also jurisdiction hear determine disputes charges deceased employee leaves dependents death benefit subdivision provided shall limit liability employer chapter account death except herein provided burial expenses except provided section provided cases employer admits deny liability burial expense shall paid within thirty days written notice service rendered delivered employer notice may sent registered mail return receipt requested may made personal delivery employer shall also pay total dependents employee death benefit basis percent employee average weekly earnings year immediately preceding injury provided section compensation shall payable installments manner compensation required paid chapter case less rate sixteen dollars per week one hundred twenty dollars per week provided section total dependent death benefit shall payable partial dependents persons except provided subdivision partial dependents total dependents part death benefit herein provided case total dependents determined proportion contributions partial dependents employee time injury shall paid employer dependents proportionately word dependent used chapter shall construed mean relative blood marriage deceased employee actually dependent support whole part upon wages time injury following persons shall conclusively presumed totally dependent support upon deceased employee death benefit shall payable exclusion total dependents wife upon husband legally liable support husband mentally physically incapacitated wage earning upon wife provided death remarriage widow widower death benefit shall cease unless total dependents entitled death benefit chapter event remarriage lump sum payment equal amount benefits due period two years shall paid widow widower thereupon periodic death benefits shall cease unless total dependents entitled death benefit chapter event periodic benefits said widow widower entitled died remarried shall divided among total dependents paid period entitlement chapter natural posthumous adopted child children whether legitimate illegitimate age eighteen years age physically mentally incapacitated wage earning upon parent legally liable support living time death parent case wife husband mentally physically incapacitated wage earning dependent upon wife child one child thus dependent death benefit shall divided among proportion may determined commission considering ages facts bearing dependency cases questions total partial dependency shall determined accordance facts time injury cases one person wholly dependent death benefit shall divided equally among payment death benefits child dependent provided paragraph shall cease dependent dies attains age eighteen years becomes physically mentally capable wage earning age years age child deceased attendance remains student accredited educational institution eighteen years age dependent child member armed forces active duty provided however dependent child shall entitled compensation four years attendance fully accredited educational institution commence prior years age immediately upon cessation active duty armed forces unless total dependents entitled death benefit chapter division commission may discretion order award share compensation child paid parent grandparent adult next kin legal guardian child latter support maintenance education order award upon notice parties may modified time time commission discretion respect person shall paid amount order award remaining unpaid time modification payments compensation employer accordance order award division commission shall discharge employer obligations compensation death benefits chapter shall paid installments manner provided disability compensation every employer shall keep record correct names addresses dependents employees upon death employee accident arising course employment shall far possible immediately furnish division said names addresses time death wengler wages per week appellant prevailed attempt receive full death benefits statute compensation per week app juris statement sec mo rev stat supp benefits continued appellant death remarriage recent decisions three held unconstitutional workers compensation statutes presumptions dependency identical issue case arp workers compensation appeals board cal passante walden printing app div tomarchio township greenwich workers compensation laws vast majority make distinction eligibility widows widowers death benefits kahn shevin upheld florida annual real estate tax exemption widows face equal protection challenge believed statistics established lower median income women men discrepancy justified state tax law reasonably designed state policy cushioning financial impact spousal loss upon sex loss imposes disproportionately heavy burden kahn accept importance state goal helping needy spouses see infra described text missouri law view reasonably designed achieve goal thus holding kahn way dispositive case bar noted previously see supra three state courts recently held unconstitutional workers compensation statutes presumptions dependency identical issue case three cases characterized statute discrimination working wives surviving husbands see arp workers compensation appeals board cal noteworthy conclusive presumption favor widows discriminates widower employed female well passante walden printing app div statute compels dissimilar treatment surviving husbands working wives respectively widows working males tomarchio township greenwich statute unconstitutionally discriminates working women surviving husbands appellees attempt draw support fact goldfarb wiesenfeld arose context social security program first argue statute issue unlike social insurance system provides blanket survivorship benefits seeks compensate specific economic loss worker dependents appellant claim loss relatedly widower suffers prove loss support entitled corresponding level benefits whereas goldfarb social security act provision show received least support wife time death arguments rely fact covered widowers suffering provable economic loss receive benefits corresponding loss ignore statute discriminatory effect working women providing less protection families working men appellees also argue unlike social security program workers compensation system based mandatory contributions past wage earnings employee thus appellant late wife deprived portion earnings contribute fund husband benefit rejected proposition constitution indifferent statute conditions availability noncontributory welfare benefits basis gender califano westcott refuse part ways earlier decisions applying different standard review case simply system funded employer rather employee contributions justice rehnquist continuing believe califano goldfarb wrongly decided constitutional issues readily doctrine stare decisis issues dissents affirm judgment missouri justice stevens concurring judgment nothing happened since decision califano goldfarb persuade kind classification simultaneously disfavor male class female class illustrate difficulty analysis part ii opinion noted three relevant kinds marriages husband dependent wife wife dependent husband neither spouse dependent missouri statute either first two situations dependent spouse survives death benefit paid regardless whether survives male female conversely working spouse survives death benefit paid difference two situations surviving male unlike surviving female must undergo inconvenience proving dependency surely discrimination females third situation one spouse dies benefits payable surviving female surviving male view rather blatant discrimination males spouses remain alive prospect receiving potential death benefit upon husband demise reduces wife need insurance life whereas prospect receiving death benefit upon wife demise increases husband need insurance life difference places husband disadvantage matter statute viewed class discriminates male class therefore join part ii opinion however agree missouri failed justify disparate treatment persons strong claim equal treatment similarly situated surviving spouses see califano goldfarb supra stevens concurring judgment statute violates equal protection clause fourteenth amendment reason concur judgment claim wage earner pay affected missouri statute whether wage earner single married married whether spouse male female dependent independent wage earner pay