califano
westcott
argued
april
decided
june
together
pratt
commissioner
department
public
welfare
massachusetts
westcott
et
also
appeal
section
social
security
act
governs
aid
families
dependent
children
unemployed
father
program
provides
benefits
families
whose
dependent
children
deprived
parental
support
unemployment
father
provide
benefits
mother
becomes
unemployed
class
action
instituted
federal
district
secretary
department
health
education
welfare
secretary
commissioner
massachusetts
department
public
welfare
commissioner
appellees
two
couples
infant
son
satisfy
requirements
benefits
except
requirement
parent
unemployed
within
meaning
act
applicable
regulations
father
appellees
alleged
implementing
regulations
discriminate
basis
gender
violation
fifth
fourteenth
amendments
sought
declaratory
injunctive
relief
district
declared
unconstitutional
insofar
establishes
classification
discriminates
solely
basis
sex
determined
extension
program
families
needy
children
either
parent
unemployed
rather
nullification
program
proper
remedial
course
subsequently
district
declined
modify
order
permit
commissioner
pay
benefits
families
needy
children
deprived
parental
support
unemployment
family
principal
secretary
challenges
holding
constitutionality
whereas
commissioner
challenges
relief
held
gender
classification
substantially
related
attainment
important
valid
statutory
goals
rather
part
baggage
sexual
stereotypes
orr
orr
presumes
father
primary
responsibility
provide
home
essentials
stanton
stanton
mother
center
home
family
life
taylor
louisiana
legislation
rests
presumptions
without
survive
scrutiny
due
process
clause
fifth
amendment
pp
constitutionality
sustained
theory
although
incorporates
gender
distinction
discriminate
women
class
affects
family
units
rather
individuals
pp
gender
distinction
survive
constitutional
scrutiny
substantially
related
achievement
important
governmental
objective
serve
statutory
goal
providing
aid
needy
children
substantially
related
achieving
alleged
objective
program
reducing
incentive
fathers
desert
order
make
families
eligible
assistance
pp
since
party
argued
nullification
program
proper
remedial
course
inclined
consider
issue
power
order
extension
program
clearly
beyond
constitutional
competence
federal
district
however
previous
decisions
routinely
affirmed
district
judgments
ordering
extension
federal
welfare
programs
suggest
strongly
remedial
incapacity
exists
pp
district
ordering
benefits
paid
families
either
mother
father
unemployed
within
meaning
act
rather
accepting
principal
model
suggested
commissioner
adopted
simplest
equitable
extension
possible
pp
blackmun
delivered
opinion
brennan
white
marshall
stevens
joined
powell
filed
opinion
concurring
part
dissenting
part
burger
stewart
rehnquist
joined
post
william
alsup
argued
cause
appellant
brief
solicitor
general
mccree
sara
sun
beale
paul
johnson
assistant
attorney
general
massachusetts
argued
cause
appellant
briefs
francis
bellotti
attorney
general
stephen
rosenfeld
assistant
attorney
general
henry
freedman
argued
cause
appellees
cases
brief
appellees
westcott
et
al
kenneth
neiman
michael
trister
solicitor
general
mccree
filed
brief
federal
appellee
fn
ruth
bader
ginsburg
diana
steele
phyllis
segal
nancy
duff
campell
filed
brief
american
civil
liberties
union
et
al
amici
curiae
urging
affirmance
cases
stephan
landsman
anthony
touschner
charles
guerrier
barbara
kaye
besser
filed
brief
cathy
stevens
et
al
amici
curiae
urging
affirmance
justice
blackmun
delivered
opinion
section
social
security
act
stat
amended
part
aid
families
dependent
children
program
provides
benefits
families
whose
dependent
children
deprived
parental
support
unemployment
father
provide
benefits
mother
becomes
unemployed
district
district
massachusetts
held
distinction
violates
due
process
clause
fifth
amendment
ordered
benefits
paid
families
deprived
support
unemployment
mother
extent
paid
families
deprived
support
unemployment
father
supp
appeals
secretary
department
health
education
welfare
hew
challenges
holding
constitutionality
question
relief
ordered
district
commissioner
massachusetts
department
public
welfare
dpw
acquiesces
decision
merits
contests
relief
aid
families
dependent
children
afdc
program
stat
amended
et
provides
financial
assistance
families
needy
dependent
children
program
administered
participating
conformity
federal
standards
financed
federal
government
basis
king
smith
shea
vialpando
originally
enacted
afdc
program
provided
benefits
families
whose
dependent
children
needy
death
absence
incapacity
parent
batterton
francis
provision
forms
core
afdc
program
today
gender
neutral
benefits
available
family
long
one
parent
either
sex
dead
absent
home
incapacitated
family
otherwise
meets
financial
requirements
eligibility
congress
temporarily
extended
afdc
program
provide
assistance
families
whose
dependent
children
deprived
support
parent
unemployment
batterton
francis
philbrook
glodgett
provision
gender
neutral
dependent
child
purposes
determining
eligibility
afdc
benefits
defined
include
needy
child
deprived
parental
support
care
reason
unemployment
parent
stat
emphasis
added
part
general
revision
social
security
act
congress
made
extension
permanent
however
added
gender
qualification
statute
definition
dependent
child
amended
include
needy
child
deprived
parental
support
care
reason
unemployment
father
emphasis
added
portion
afdc
program
known
aid
families
dependent
children
unemployed
father
although
chosen
participate
basic
afdc
program
plus
guam
district
columbia
take
part
program
one
commonwealth
massachusetts
appellees
two
couples
stipulated
satisfy
requirements
benefits
except
requirement
unemployed
parent
father
cindy
william
westcott
married
infant
son
applied
massachusetts
dpw
public
assistance
informed
qualify
william
unable
find
work
previously
employed
sufficient
period
qualify
unemployed
father
act
applicable
regulations
cindy
recent
unemployment
family
breadwinner
satisfied
unemployment
criteria
male
susan
john
westwood
also
married
infant
son
applied
medicaid
benefits
family
eligible
receiving
benefits
turned
ground
john
prior
work
history
insufficient
susan
like
cindy
westcott
family
breadwinner
losing
job
qualified
family
benefits
male
appellees
instituted
class
action
district
district
massachusetts
naming
defendants
secretary
hew
commissioner
dpw
appellees
alleged
implementing
regulations
discriminate
basis
gender
violation
fifth
fourteenth
amendments
sought
declaratory
injunctive
relief
district
certified
case
class
action
granted
appellees
motion
summary
judgment
supp
found
gender
qualification
substantially
related
achievement
important
governmental
interests
rather
product
archaic
overbroad
generalization
mothers
two
parent
families
breadwinners
loss
earnings
substantially
affect
families
well
accordingly
declared
unconstitutional
insofar
establishes
classification
discriminates
solely
basis
sex
district
turned
question
relief
saw
two
remedial
alternatives
simple
injunction
operation
program
extension
program
families
needy
children
either
parent
unemployed
decided
extension
rather
nullification
proper
remedial
course
noted
strength
congress
commitment
specific
goal
assisting
needy
children
emphasized
provision
benefits
halted
constitutional
defect
many
persons
lose
means
subsistence
therefore
order
dated
april
enjoined
commissioner
refusing
grant
benefits
families
made
needy
unemployment
mother
amounts
standards
grants
benefits
families
made
needy
unemployment
father
app
juris
statement
pp
likewise
enjoined
secretary
refusing
provide
federal
matching
funds
payment
benefits
although
commissioner
originally
agreed
appropriate
remedy
juris
statement
later
sought
modification
district
order
effect
limited
extension
program
commissioner
requested
permitted
pay
benefits
families
needy
children
deprived
parental
support
care
unemployment
family
principal
app
juris
statement
emphasis
added
modification
argued
accomplish
extension
program
much
lower
cost
august
district
denied
commissioner
motion
believing
reformulation
statutory
scheme
goes
beyond
remedy
already
ordered
case
properly
left
congressional
action
secretary
pursuant
appealed
directly
district
april
decision
holding
unconstitutional
app
juris
statement
commissioner
took
separate
appeal
also
pursuant
district
august
refusal
modify
remedial
order
app
juris
statement
noted
probable
jurisdiction
consolidated
cases
argument
ii
secretary
appeal
secretary
readily
concedes
entails
gender
distinction
brief
appellant
submits
however
act
award
afdc
benefits
father
denies
mother
rather
grant
denial
aid
based
father
unemployment
necessarily
affects
equal
degree
one
man
one
woman
one
children
secretary
puts
even
statute
ibid
persuaded
analysis
mothers
primary
providers
families
unemployed
obviously
gender
biased
deprives
families
benefits
solely
basis
sex
secretary
argument
bottom
turns
fact
impact
gender
qualification
felt
family
units
rather
individuals
hesitated
strike
gender
classifications
result
benefits
granted
denied
family
units
basis
sex
qualifying
parent
see
frontiero
richardson
military
quarters
allowances
medical
dental
benefits
weinberger
wiesenfeld
survivor
benefits
califano
goldfarb
survivor
benefits
califano
jablon
summarily
supp
md
spousal
benefits
cases
statute
discriminates
one
particular
category
family
female
spouse
wage
earner
goldfarb
plurality
opinion
secretary
appears
acknowledge
force
precedents
suggests
involved
benefits
either
form
compensation
earned
woman
member
labor
force
directly
related
compensation
present
case
contrast
benefits
part
noncontributory
welfare
program
thus
secretary
argues
gender
qualification
distinguishable
contained
earlier
cases
denigrate
efforts
women
work
whose
earnings
contribute
significantly
families
support
wiesenfeld
distinction
benefits
forms
government
largesse
may
relevant
equal
protection
analysis
example
determining
whether
differential
treatment
survivor
benefits
denigrates
efforts
deceased
spouse
wiesenfeld
goldfarb
plurality
opinion
mean
however
constitution
indifferent
statute
conditions
availability
noncontributory
welfare
benefits
basis
gender
secretary
argument
contrary
effect
invites
return
discredited
view
welfare
benefits
privilege
subject
guarantee
equal
protection
see
graham
richardson
putting
labels
aside
exclusion
anything
pernicious
frontiero
wiesenfeld
goldfarb
benefits
fringe
benefits
type
social
assistance
paid
without
regard
need
rather
subsistence
payments
made
available
last
resort
families
otherwise
lack
basic
necessities
deprivation
imposed
moreover
mere
procedural
barrier
like
requirement
frontiero
goldfarb
absolute
bar
qualification
aid
therefore
reject
contention
classification
imposed
discriminate
basis
gender
secretary
next
argues
gender
distinction
imposed
survives
constitutional
scrutiny
substantially
related
achievement
important
governmental
objective
orr
orr
califano
webster
craig
boren
secretary
identifies
two
important
objectives
served
first
obviously
statute
intended
provide
aid
children
deprived
basic
sustenance
parent
unemployment
hew
secretary
ribicoff
put
testimony
house
ways
means
committee
justification
whatsoever
denying
child
unemployed
parent
food
give
child
parent
deserts
absent
dead
hearings
house
committee
ways
means
appellant
secretary
contend
however
gender
qualification
serves
achieve
goal
tr
oral
arg
since
families
mother
principal
wage
earner
unemployed
often
much
need
benefits
medicaid
families
father
unemployed
second
statute
designed
remedy
structural
fault
original
afdc
program
program
family
eligible
benefits
deprived
parental
support
continued
absence
home
parent
times
economic
adversity
provision
thought
create
incentive
father
desert
pretend
desert
order
make
family
eligible
assistance
section
providing
afdc
benefits
families
rendered
needy
parental
unemployment
intended
reduce
incentive
thereby
promote
goal
family
stability
secretary
submits
reducing
incentive
father
desert
important
objective
program
argues
gender
qualification
substantially
related
achievement
perceive
however
least
two
flaws
argument
although
relatively
clear
congress
concerned
problem
parental
desertion
see
evidence
gender
distinction
designed
address
problem
see
weinberger
wiesenfeld
original
afdc
program
temporary
versions
program
enacted
gender
neutral
gender
qualification
added
permanent
version
escaped
virtually
unnoticed
hearings
floor
debates
explanation
addition
contained
following
passage
appears
nearly
identical
form
house
senate
reports
program
originally
conceived
congress
one
provide
aid
children
unemployed
fathers
however
make
families
father
working
mother
unemployed
eligible
assistance
bill
allow
situations
bill
program
apply
children
unemployed
fathers
suggests
gender
qualification
part
general
objective
amendments
tighten
standards
eligibility
reduce
program
costs
congress
concerned
certain
making
assistance
available
families
mother
work
father
remained
fully
employed
able
support
family
apparently
congress
similarly
concerned
making
benefits
available
father
work
mother
remained
fully
employed
appears
congress
image
traditional
family
mind
simply
assumed
father
family
breadwinner
mother
employment
role
secondary
short
available
evidence
indicates
gender
distinction
inserted
reduce
costs
eliminate
perceived
type
superfluous
eligibility
benefits
little
suggest
gender
qualification
anything
reducing
father
incentive
desert
even
actual
purpose
gender
qualification
deal
problem
paternal
desertion
appear
classification
substantially
related
achievement
goal
secretary
argues
olid
statistical
evidence
fathers
susceptible
pressure
desert
mothers
thus
congress
justified
excluding
families
headed
unemployed
mothers
program
brief
appellant
may
assume
purposes
discussion
congress
legitimately
view
paternal
desertion
problem
separate
distinct
maternal
desertion
even
gender
qualification
substantially
related
stated
purpose
evidence
legislative
history
elsewhere
father
less
incentive
desert
family
mother
breadwinner
becomes
unemployed
family
father
breadwinner
becomes
unemployed
either
case
family
need
equally
great
father
equally
subject
pressure
leave
home
make
family
eligible
benefits
secretary
urges
congress
take
one
firm
step
toward
goal
eliminating
incentive
desert
quoting
califano
jobst
congress
may
legislate
one
step
time
step
drawn
along
line
gender
consequence
exclude
one
group
families
altogether
badly
needed
subsistence
benefits
cf
williamson
lee
optical
conclude
gender
classification
substantially
related
attainment
important
valid
statutory
goals
rather
part
baggage
sexual
stereotypes
orr
orr
presumes
father
primary
responsibility
provide
home
essentials
stanton
stanton
mother
center
home
family
life
taylor
louisiana
legislation
rests
presumptions
without
survive
scrutiny
due
process
clause
fifth
amendment
iii
commissioner
appeal
statute
defective
underinclusion
justice
harlan
noted
exist
two
remedial
alternatives
may
either
declare
statute
nullity
order
benefits
extend
class
legislature
intended
benefit
may
extend
coverage
statute
include
aggrieved
exclusion
welsh
concurring
result
previous
cases
involving
equal
protection
challenges
underinclusive
federal
benefits
statutes
suggested
extension
rather
nullification
proper
course
see
jimenez
weinberger
frontiero
richardson
plurality
opinion
indeed
regularly
affirmed
district
judgments
ordering
welfare
benefits
paid
members
unconstitutionally
excluded
class
califano
goldfarb
supp
edny
califano
silbowitz
summarily
supp
sd
jablon
califano
summarily
supp
md
weinberger
wiesenfeld
supp
nj
dept
agriculture
moreno
supp
dc
richardson
griffin
summarily
supp
need
however
elaborate
conditions
invalidation
rather
extension
federal
benefits
statute
ordered
party
presented
issue
review
parties
district
agreed
extension
appropriate
remedy
juris
statement
motion
affirm
juris
statement
appellees
support
remedy
secretary
arguing
favor
constitutionality
urges
statute
invalidated
district
remedy
affirmed
brief
federal
appellee
pp
commissioner
likewise
argues
extension
rather
nullification
proper
tr
oral
arg
indeed
commissioner
appeal
district
april
extension
order
august
refusal
limit
extension
along
principal
lines
app
juris
statement
since
party
presented
issue
extension
versus
nullification
review
inclined
consider
power
order
extension
clearly
beyond
constitutional
competence
federal
district
previous
decisions
however
routinely
affirmed
district
judgments
ordering
extension
federal
welfare
programs
suggest
strongly
remedial
incapacity
exists
narrower
question
presented
commissioner
appeal
concerns
merits
extension
versus
nullification
rather
form
extension
take
district
ordered
benefits
paid
families
either
mother
father
unemployed
within
meaning
act
commissioner
agrees
either
mother
father
unemployment
able
qualify
needy
family
benefits
proposes
award
parent
question
show
unemployed
family
principal
citing
legislative
history
program
commissioner
argues
proposed
remedy
comports
congress
intent
aid
families
made
needy
breadwinner
unemployment
argument
preceding
portions
opinion
show
without
force
may
assume
arguendo
congress
knew
knows
might
well
adopted
principal
model
suggested
commissioner
mean
program
restructured
along
lines
federal
first
commissioner
proposed
remedy
effect
terminating
benefits
many
families
currently
receiving
act
implementing
regulations
benefits
paid
needy
families
unemployed
fathers
whether
father
actually
principal
see
cfr
one
contends
act
regulations
insofar
provide
benefits
families
unemployed
fathers
invalid
absent
showing
invalidity
hesitate
terminate
needy
families
entitlement
statutory
benefits
merely
unemployed
father
prove
breadwinner
status
second
commissioner
proposed
remedy
involve
restructuring
act
undertake
lightly
whenever
extends
benefits
program
redress
unconstitutional
underinclusiveness
risks
infringing
legislative
prerogatives
extension
ordered
district
possesses
least
virtue
simplicity
ordering
father
replaced
equivalent
avoided
disruption
program
benefits
simply
paid
families
unemployed
parent
terms
benefits
long
paid
families
unemployed
father
principal
solution
contrast
introduce
term
novel
afdc
scheme
pose
definitional
policy
questions
best
suited
legislative
administrative
elaboration
commissioner
principal
gloss
parental
unemployment
essence
asks
redefine
unemployment
within
meaning
act
yet
congress
expressly
delegated
secretary
power
prescribe
standards
determining
constitutes
unemployment
purposes
eligibility
situation
kind
congress
entrusts
secretary
rather
courts
primary
responsibility
interpreting
statutory
term
batterton
francis
emphasis
original
remedy
commissioner
proposes
course
undeniably
cheaper
remedy
district
decreed
part
terminate
current
recipients
eligibility
although
cost
may
prove
dispositive
factor
contexts
regard
controlling
bear
main
burden
added
coverage
federal
matching
grants
urges
district
remedy
affirmed
program
furthermore
optional
state
free
drop
dissatisfied
added
expense
event
estimate
relative
costs
various
types
coverage
gauge
effect
different
levels
expenditures
upon
alleviation
human
suffering
circumstances
afdc
coverage
along
principal
lines
properly
left
democratic
branches
government
sum
believe
district
effort
render
program
gender
neutral
adopted
simplest
equitable
extension
possible
judgment
district
accordingly
affirmed
ordered
footnotes
participate
afdc
program
medicaid
program
et
individuals
qualify
afdc
benefits
also
entitled
receive
medicaid
benefits
class
defined
massachusetts
families
two
parents
home
minor
dependent
children
born
unborn
otherwise
eligible
afdc
massachusetts
afdc
program
hence
medicaid
well
sex
discrimination
federal
statute
massachusetts
regulations
chsr
iii
subch
pt
pt
subpt
provide
granting
federally
funded
afdc
medicaid
families
deprived
support
unemployment
father
families
deprived
support
mother
unemployment
app
juris
statement
pp
secretary
contest
class
certification
juris
statement
commissioner
proposed
define
principal
parent
whose
earned
income
unemployment
compensation
greater
six
months
preceding
month
application
app
juris
statement
pp
senate
floor
debate
conference
report
senator
muskie
briefly
noted
opposed
gender
limitation
cong
rec
overriding
purpose
afdc
amendments
give
greater
emphasis
getting
appropriate
members
families
drawing
aid
families
dependent
children
afdc
payments
employment
thus
longer
dependent
welfare
rolls
principal
changes
program
designed
accomplish
end
included
provisions
authorize
federal
definition
unemployment
secretary
within
certain
limits
set
forth
legislation
tie
program
closely
work
training
program
authorized
bill
protect
children
unemployed
fathers
recent
attachment
work
force
conclusion
reinforced
fact
house
senate
reports
included
material
dealing
specifically
problem
parental
desertion
yet
none
material
mentioned
gender
qualification
provision
chapter
application
thereof
person
circumstance
held
invalid
remainder
chapter
application
provision
persons
circumstances
shall
affected
thereby
act
example
provides
benefits
families
made
needy
incapacity
either
parent
regardless
parent
may
principal
justice
powell
chief
justice
justice
stewart
justice
rehnquist
join
concurring
part
dissenting
part
agree
violates
equal
protection
component
fifth
amendment
view
however
erred
ordered
extension
benefits
families
mother
become
unemployed
extension
reinstates
system
distributing
benefits
congress
rejected
amended
rather
frustrate
clear
intent
congress
simply
enjoined
payment
benefits
provision
found
unconstitutional
justice
harlan
observed
statute
defective
underinclusion
exist
two
remedial
alternatives
may
either
declare
nullity
order
benefits
extend
class
legislature
intended
benefit
may
extend
coverage
statute
include
aggrieved
exclusion
welsh
concurring
result
correctly
observes
gender
qualification
part
general
objective
amendments
tighten
standards
eligibility
reduce
program
costs
ante
clear
congress
intended
proscribe
payment
benefits
families
one
parent
unemployed
principal
wage
earner
continued
work
appears
congress
image
traditional
family
mind
simply
assumed
father
family
breadwinner
mother
employment
role
secondary
ante
rather
thus
rewriting
leave
task
congress
held
statute
constitutes
impressible
discrimination
duty
function
legislative
branch
review
program
light
decision
make
changes
therein
deems
appropriate
leaving
resolution
congress
especially
desirable
cases
one
allocation
distribution
welfare
funds
peculiarly
within
province
legislative
branch
see
califano
jobst
maher
roe
dandridge
williams
predict
congress
think
best
interest
total
welfare
program
extension
afdc
benefits
families
suffering
unemployment
relatively
recent
development
history
program
development
congress
made
permanent
understanding
payments
limited
cases
principal
wage
earner
work
assume
congress
approved
extension
known
ultimately
payments
made
whenever
either
parent
became
unemployed
assume
congress
adopt
system
light
ruling
invalid
emphasizes
hardships
may
caused
enjoining
program
congress
act
possibility
mentioned
hardships
might
occasioned
allocating
limited
funds
result
extension
particular
benefits
event
congress
option
mitigate
hardships
providing
promptly
retroactive
payments
injunction
prohibiting
payments
least
conserve
funds
appropriated
congress
determines
group
want
assist
relief
ordered
today
contrast
ensures
irretrievable
payment
funds
class
recipients
congress
wish
benefit
clear
congress
intended
prevent
result
mandated
today
required
decision
properly
made
congress
dissent
relief
perhaps
best
approximate
congress
appears
intended
limit
payment
benefits
families
principal
wage
earner
regardless
gender
become
unemployed
approach
presents
several
difficulties
demonstrates
ante
circumstances
modification
order
sought
appellant
properly
rejected
suggests
payments
families
breadwinner
remains
employed
inconsistent
act
cases
parent
becomes
incapacitated
benefits
paid
regardless
parent
employment
status
history
see
ante
overlooks
special
circumstances
involved
parent
suffers
incapacity
cases
family
usually
must
bear
costs
income
lost
one
parent
unemployment
also
medical
expenses
resulting
disability
often
quite
substantial
fact
none
parties
sought
step
point
emphasizes
irrelevant
issue
turn
intent
congress
interests
parties
less
infringing
legislative
prerogatives
ante
acts
behest
particular
litigants
chooses
remedy
initiative