The Supreme Court Case Of Weinberger Vs. Wiesenfeld

Weinberger vs. Wiesenfeld refers to a Supreme Court case argued in 1975, in which the gender-based distinction of widower benefits was challenged. Prior to 1975, the provisions of Social Security Act 42 U.S.C. § 402(g) granted survivors' benefits based on the earnings of a deceased husband/father both to his widow and to the couple's minor children, but granted benefits based on the earnings of a deceased wife/mother only to the minor children and not to the widower. Weinberger vs. Wiesenfeld argued that the Social Security Act violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment, since it discriminated against female wage earners by giving them less protection for their survivors than was provided for male wage earners.

Stephen Wiesenfeld and Paula Polatschek were married on November 15, 1970. Paula worked teaching mathematics at Edison High School in New Jersey, while Stephen worked in computer consulting. Paula’s earnings were the couple’s main source of support as she made significantly more than her husband. For every year she worked, maximum social security contributions were deducted from her salary.

Two years after they married, Paula gave birth to their son, Jason Paul, on June 5, 1972. Tragically Paula died in childbirth, leaving Stephen with sole responsibility for their son. Since he could not support Jason on his current earnings, Stephen took a higher-paying job with a computer firm and tried to arrange child care, which proved to be challenging. Soon afterward, Stephen applied at the Social Security office in New Brunswick, New Jersey for survivors' benefits for himself and his son. He was able to obtain a death benefit and benefits for his son under 42 U.S.C. § 402...

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...rviving parent when that parent is male rather than female.” The decision represented a win for both men and women, regardless of which parent was the primary breadwinner.

Justice Brennan delivered the opinion of the Court, in which Chief Justice Burger, and Justices Stewart, White, Marshall, Blackmun, and Powell all joined. Justice Powell filed a concurring opinion in which Chief Justice Burger joined. Justice Rehnquist also filed a concurring opinion. Justice Douglas took no part in the consideration or decision of the case.

Further Reading:

Weinberger v. Wiesenfeld, 420 U.S. 636 (1975).

Strebeigh, Fred (2009). Equal: Women Reshape American Law. Norton. ISBN 0393065553.

Cowan, Ruth. “Women’s Rights Through Litigation: An Examination of the American Civil Liberties Union Women’s Rights Project, 1971–1976.” 8 Columbia Human Rights Law Review 373, 390–393 (1976).