Weinberger v. Wiesenfeld

Background

A widower, Stephen Wiesenfeld, applied for survivors' benefits after his wife, a teacher who had paid Social Security taxes, died in childbirth and left their infant son. The Social Security law then limited "mother's" insurance benefits to women, so he was told he could not get benefits for himself even though his son qualified for child benefits. Wiesenfeld sued the government, saying the rule treated male and female workers' families differently.

Reasoning

The Court asked whether the statute's sex-based distinction violated the Fifth Amendment's protection against unjustified discrimination. The majority compared this rule to earlier cases that rejected broad stereotypes about dependency and reviewed the law's history, finding its purpose was to let a surviving parent care for children at home. The Court concluded the restriction that made only women eligible did not rationally serve that purpose and amounted to unjustified sex discrimination. The Supreme Court affirmed the lower court and ordered equal treatment.

Real world impact

The decision means Social Security cannot deny the same survivors' benefits to a surviving father simply because of his sex. Surviving fathers who meet the program's other eligibility rules can receive benefits that had been limited to surviving mothers. The ruling thus equalizes protection for families of male and female wage earners.

Dissents or concurrances

Two Justices wrote separate concurring opinions: one would describe the discrimination more narrowly but agreed the law impermissibly reduced protection for families of female wage earners; another emphasized the legislative history showing the statute's purpose and concurred in the result.