weinberger
wiesenfeld
argued
january
decided
march
distinction
mandated
provisions
social
security
act
grant
survivors
benefits
based
earnings
deceased
husband
father
covered
act
widow
couple
minor
children
care
grant
benefits
based
earnings
covered
deceased
wife
mother
minor
children
widower
violates
right
equal
protection
secured
due
process
clause
fifth
amendment
since
unjustifiably
discriminates
female
wage
earners
required
pay
social
security
taxes
affording
less
protection
survivors
provided
male
wage
earners
pp
distinction
based
archaic
overbroad
generalization
tolerated
constitution
namely
male
workers
earnings
vital
families
support
female
workers
earnings
significantly
contribute
families
support
frontiero
richardson
pp
social
security
benefits
noncontractual
compensate
work
performed
necessarily
correlate
contributions
program
sanction
solely
differential
protection
covered
employees
since
benefits
depend
significantly
upon
covered
employee
participation
work
force
since
covered
employees
others
required
pay
taxes
toward
system
benefits
must
distributed
according
classifications
differentiate
among
covered
employees
solely
basis
sex
pp
since
apparent
statutory
scheme
legislative
history
purpose
providing
benefits
young
widows
children
government
contends
provide
income
women
economic
discrimination
unable
provide
permit
women
elect
work
devote
care
children
thus
premised
upon
special
disadvantage
women
serve
justify
distinction
diminishing
protection
afforded
women
work
pp
brennan
delivered
opinion
burger
stewart
white
marshall
blackmun
powell
joined
powell
filed
concurring
opinion
burger
joined
post
rehnquist
filed
opinion
concurring
result
post
douglas
took
part
consideration
decision
case
keith
jones
argued
cause
appellant
brief
solicitor
general
bork
assistant
attorney
general
hills
danny
boggs
ruth
bader
ginsburg
argued
cause
appellee
brief
melvin
wulf
nancy
stearns
filed
brief
center
constitutional
rights
amicus
curiae
urging
affirmance
justice
brennan
delivered
opinion
social
security
act
benefits
based
earnings
deceased
husband
father
covered
act
payable
limitations
widow
couple
minor
children
care
social
security
act
amended
benefits
payable
basis
earnings
deceased
wife
mother
covered
act
however
minor
children
widower
question
case
whether
distinction
violates
due
process
clause
fifth
amendment
district
district
new
jersey
held
different
treatment
men
women
mandated
unjustifiably
discriminated
female
wage
earners
affording
less
protection
survivors
provided
male
employees
supp
noted
probable
jurisdiction
affirm
appellee
stephen
wiesenfeld
paula
polatschek
married
november
paula
worked
teacher
five
years
marriage
continued
teaching
marriage
year
worked
maximum
social
security
contributions
deducted
salary
paula
earnings
couple
principal
source
support
marriage
substantially
larger
appellee
june
paula
died
childbirth
appellee
left
sole
responsibility
care
infant
son
jason
paul
shortly
wife
death
stephen
wiesenfeld
applied
social
security
office
new
brunswick
social
security
survivors
benefits
son
obtain
benefits
son
ed
supp
iii
received
jason
per
month
september
per
month
thereafter
however
appellee
told
eligible
benefits
benefits
available
women
woman
received
amount
son
long
working
see
working
amount
reduced
every
earned
annually
appellee
filed
suit
february
claiming
jurisdiction
behalf
widowers
similarly
situated
sought
declaration
unconstitutional
extent
men
women
treated
differently
injunction
restraining
appellant
denying
benefits
solely
basis
sex
payment
past
benefits
commencing
june
month
original
application
cross
motions
summary
judgment
filed
determined
jurisdiction
granted
summary
judgment
favor
appellee
issued
order
giving
appellee
relief
sought
ii
distinction
made
indistinguishable
invalidated
frontiero
richardson
frontiero
involved
statutes
provided
wife
male
serviceman
dependents
benefits
husband
servicewoman
unless
proved
supplied
husband
support
held
statutory
scheme
violated
right
equal
protection
secured
fifth
amendment
schlesinger
ballard
explained
frontiero
challenged
classification
based
sex
premised
overbroad
generalizations
tolerated
constitution
assumption
female
spouses
servicemen
normally
dependent
upon
husbands
male
spouses
servicewomen
virtually
identical
archaic
overbroad
generalization
tolerated
constitution
underlies
distinction
drawn
namely
male
workers
earnings
vital
support
families
earnings
female
wage
earners
significantly
contribute
families
support
section
added
social
security
act
one
large
number
amendments
designed
afford
adequate
protection
family
unit
monthly
benefits
provided
wives
children
widows
orphans
surviving
dependent
parents
covered
workers
ibid
however
children
covered
female
workers
eligible
survivors
benefits
limited
circumstances
see
supra
benefits
whatever
made
available
husbands
widowers
basis
wives
covered
employment
underlying
scheme
principle
nder
plan
primary
purpose
pay
benefits
accordance
probable
needs
beneficiaries
rather
make
payments
estate
deceased
person
regardless
whether
leaves
dependents
supra
emphasis
supplied
felt
payment
survivorship
benefits
supplements
wife
annuitant
keeping
principle
social
insurance
ibid
thus
framers
act
legislated
generally
accepted
presumption
man
responsible
support
wife
children
hoskins
bixby
women
social
security
law
policy
five
countries
social
security
administration
research
report
obviously
notion
men
likely
women
primary
supporters
spouses
children
entirely
without
empirical
support
see
kahn
shevin
generalization
suffice
justify
denigration
efforts
women
work
whose
earnings
contribute
significantly
families
support
section
clearly
operates
statutes
invalidated
judgment
frontiero
deprive
women
protection
families
men
receive
result
employment
indeed
classification
ways
pernicious
first
open
servicewoman
statutes
invalidated
frontiero
prove
husband
fact
dependent
upon
stephen
wiesenfeld
given
opportunity
show
may
well
case
dependent
upon
wife
support
wife
lived
remained
work
took
care
child
second
case
social
security
taxes
deducted
paula
salary
years
worked
thus
failed
receive
family
protection
similarly
situated
male
worker
received
also
deprived
portion
earnings
order
contribute
fund
benefits
paid
others
since
constitution
forbids
differentiation
premised
upon
assumptions
dependency
made
statutes
us
frontiero
constitution
also
forbids
differentiation
results
efforts
female
workers
required
pay
social
security
taxes
producing
less
protection
families
produced
efforts
men
iii
appellant
seeks
avoid
conclusion
two
related
arguments
first
claims
social
security
benefits
compensation
work
done
congress
obliged
provide
covered
female
employee
benefits
provides
male
second
contends
reasonably
designed
offset
adverse
economic
situation
women
providing
widow
financial
assistance
supplement
substitute
efforts
marketplace
brief
appellant
therefore
contravene
equal
protection
guarantee
appellant
relies
first
proposition
primarily
flemming
nestor
held
flemming
interest
covered
employee
future
social
security
benefits
noncontractual
worker
benefits
though
flowing
contributions
made
national
economy
actively
employed
dependent
degree
called
upon
support
system
taxation
appellant
apparently
contends
since
benefits
derived
social
security
program
correlate
necessarily
contributions
made
program
covered
employee
right
whatever
treated
equally
employees
regards
benefits
flow
employment
see
fact
social
security
benefits
noncontractual
sanction
differential
protection
covered
employees
solely
gender
based
outset
social
security
old
age
survivors
disability
oasdi
benefits
afforded
matter
right
related
past
participation
productive
processes
country
final
report
advisory
council
social
security
true
social
security
benefits
necessarily
related
directly
tax
contributions
since
oasdi
system
structured
provide
benefits
part
according
presumed
need
reason
flemming
held
position
covered
employee
soundly
analogized
holder
annuity
whose
right
benefits
bottomed
contractual
premium
payments
fact
remains
statutory
right
benefits
directly
related
years
worked
amount
earned
covered
employee
need
beneficiaries
directly
since
oasdi
benefits
depend
significantly
upon
participation
work
force
covered
employee
since
covered
employees
others
required
pay
taxes
toward
system
benefits
must
distributed
according
classifications
without
sufficient
justification
differentiate
among
covered
employees
solely
basis
sex
appellant
seeks
characterize
classification
one
reasonably
designed
compensate
women
beneficiaries
group
economic
difficulties
still
confront
women
seek
support
families
held
kahn
shevin
statute
reasonably
designed
state
policy
cushioning
financial
impact
spousal
loss
upon
sex
loss
imposes
disproportionately
heavy
burden
survive
equal
protection
attack
see
also
schlesinger
ballard
mere
recitation
benign
compensatory
purpose
automatic
shield
protects
inquiry
actual
purposes
underlying
statutory
scheme
apparent
statutory
scheme
legislative
history
congress
purpose
providing
benefits
young
widows
children
provide
income
women
economic
discrimination
unable
provide
rather
linked
directly
responsibility
minor
children
intended
permit
women
elect
work
devote
care
children
since
purpose
way
premised
upon
special
disadvantages
women
serve
justify
distinction
diminishes
protection
afforded
women
work
purpose
behind
provide
children
deprived
one
parent
opportunity
personal
attention
clear
legislative
history
advisory
council
social
security
developed
amendments
said
explicitly
uch
payments
intended
supplements
orphans
benefits
purpose
enabling
widow
remain
home
care
children
final
report
advisory
council
social
security
emphasis
supplied
new
advisory
council
considering
amendments
eliminate
various
distinctions
oasdi
structure
reiterated
understanding
present
law
provides
benefits
mother
young
children
chooses
stay
home
care
children
instead
working
council
judgment
desirable
allow
woman
left
care
children
choice
whether
stay
home
care
children
work
advisory
council
social
security
reports
survivors
disability
insurance
medicare
programs
hereinafter
reports
emphasis
supplied
indeed
consideration
given
extending
benefits
widows
regardless
whether
minor
children
proposal
rejected
apparently
felt
young
widows
without
children
expected
work
widows
likely
savings
younger
widows
many
children
grown
able
help
report
social
security
board
doc
see
also
final
report
advisory
council
social
security
hearings
social
security
act
amendments
house
committee
ways
means
thus
congress
decided
provide
benefits
widows
even
though
recognized
serious
problems
job
market
instead
provided
benefits
women
responsibility
minor
children
believed
required
work
whole
structure
survivors
benefits
conforms
articulated
purpose
widows
without
minor
children
obtain
benefits
basis
husband
earnings
reach
age
certain
instances
disability
age
benefits
cease
children
beneficiary
longer
eligible
children
benefits
congress
concerned
providing
women
benefits
economic
discrimination
entirely
irrational
except
women
spent
many
years
home
rearing
children
since
women
likely
without
skills
required
succeed
job
market
see
walker
sex
discrimination
government
benefit
programs
hastings
hearings
supra
remarks
altemeyer
chairman
social
security
board
report
committee
social
insurance
taxes
president
commission
status
women
similarly
act
provides
benefits
surviving
divorced
wife
parent
covered
employee
child
regardless
long
married
deceased
whether
child
dependent
upon
employee
support
yet
divorced
wife
mother
child
entitled
children
benefits
eligible
benefits
meets
eligibility
requirements
married
covered
employee
years
distinction
among
women
explicable
congress
concerned
employment
problems
women
generally
principle
children
covered
employees
entitled
personal
attention
surviving
parent
parent
chooses
work
given
purpose
enabling
surviving
parent
remain
home
care
child
distinction
entirely
irrational
classification
discriminates
among
surviving
children
solely
basis
sex
surviving
parent
even
typical
family
hypothesized
act
husband
supporting
family
mother
caring
children
result
makes
sense
fact
man
working
wife
home
mean
required
continue
work
wife
dies
less
important
child
cared
sole
surviving
parent
parent
male
rather
female
father
less
mother
constitutionally
protected
right
companionship
care
custody
management
children
sired
raised
undeniably
warrants
deference
absent
powerful
countervailing
interest
protection
stanley
illinois
extent
women
work
sole
responsibility
children
encounter
special
problems
seem
men
sole
responsibility
children
encounter
related
problems
stephen
wiesenfeld
example
found
providing
adequate
care
infant
son
impeded
ability
work
see
supra
finally
extent
congress
legislated
presumption
women
group
choose
forgo
work
care
children
men
statutory
structure
independent
classification
deny
reduce
benefits
men
conform
presumed
norm
hampered
responsibilities
benefits
decrease
increased
earnings
see
supra
according
appellant
bulk
male
workers
receive
benefits
event
brief
appellant
earn
much
thus
distinction
gratuitous
without
statutory
scheme
provide
benefits
men
fact
similarly
situated
women
statute
aids
since
classification
explained
attempt
provide
special
problems
women
indistinguishable
classification
held
invalid
frontiero
like
statutes
providing
dissimilar
treatment
men
women
similarly
situated
challenged
section
violates
due
process
clause
reed
reed
affirmed
footnotes
widow
every
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stephen
wiesenfeld
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woman
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salary
per
month
lawsuit
filed
february
september
appellee
dismissed
position
unemployed
eligible
benefits
distinction
lower
opinion
issued
december
appellee
affidavit
filed
september
ascribed
employment
difficulties
large
part
difficulties
childcare
particular
noted
encountered
severe
difficulty
obtaining
services
suitable
housekeeper
conscientiously
entrust
jason
care
employed
four
housekeepers
past
year
appellee
seek
administrative
review
denial
however
appellant
stipulated
administrative
appeal
futile
since
face
precludes
granting
benefits
men
tr
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district
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claim
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findings
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secretary
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provided
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public
utilities
california
richardson
morris
per
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griffin
richardson
supp
md
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see
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security
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frontiero
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taylor
louisiana
observed
current
statistics
belie
presumed
role
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wages
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emphasis
supplied
see
also
report
committee
social
insurance
taxes
president
commission
status
women
decided
time
determination
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presumptions
need
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husband
traditionally
wage
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security
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rather
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purposes
examination
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scheme
history
demonstrates
asserted
purpose
goal
legislation
see
eisenstadt
baird
jimenez
weinberger
dept
agriculture
moreno
certain
cases
mother
benefits
cease
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children
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age
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security
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significant
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sex
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women
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incidental
report
commission
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retirement
railroad
retirement
system
coming
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emphasis
supplied
precisely
view
expressed
advisory
council
social
security
whose
recommendations
upon
distinctions
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system
retain
discard
followed
social
security
amendments
council
believes
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choice
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work
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women
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past
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therefore
recommend
benefits
provided
young
father
children
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reports
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chief
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concur
judgment
generally
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identify
impermissible
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narrowly
social
security
designed
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contractual
attributes
insurance
annuity
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nestor
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system
millions
wage
earners
depend
provide
basic
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families
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death
disability
many
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principal
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earners
families
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security
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men
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upon
death
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earner
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parent
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care
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home
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father
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mother
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scheme
therefore
impermissibly
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female
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earner
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family
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provides
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earner
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family
needs
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governmental
interest
supports
gender
classification
attach
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view
emphasized
purpose
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payment
benefits
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surviving
parent
decision
remain
home
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rehnquist
concurring
result
part
opinion
contains
thorough
examination
legislative
history
statutory
context
define
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purpose
believe
examination
convincingly
demonstrates
purpose
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children
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opinion
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government
proffered
legislative
purpose
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odds
context
history
serve
basis
judging
whether
statutory
distinction
men
women
rationally
serves
valid
legislative
objective
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see
necessity
reaching
issue
whether
statute
purported
discrimination
female
workers
violates
fifth
amendment
applied
frontiero
richardson
simply
conclude
part
opinion
restriction
benefits
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mothers
rationally
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valid
legislative
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designed
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distinguish
mothers
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sole
question
whether
child
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mind
end
matter
therefore
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result