Facts of the Case
Stephen Wiesenfeld and Paula Polatschek were married in 1970. Polatschek had worked as a teacher for the five years prior to their marriage and continued teaching after they were married. Her salary was the principle source of the couple’s income, and social security contributions were regularly deducted from her salary. In 1972, Polatschek died in childbirth, which left Wiesenfeld with the care of their newborn son. Wiesenfeld applied for social security benefits for himself and his son, and was told that his son could receive them but that he could not. Social Security Act provides benefits based on the earnings of a deceased husband and father that are available to both the children and the widow. The benefits for a deceased wife and mother, however, are only available to the children.
In 1973, Wiesenfeld sued on behalf of himself and similarly situated widowers. He claimed that the relevant section of the Social Security Act unfairly discriminated on the basis of sex and sought summary judgment. A three-judge panel of the district court granted Wiesenfeld’s motion for summary judgment
Questions
Does the gender-based distinction in Social Security benefits violate the Due Process Clause of the Fifth Amendment?
Conclusions
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Yes. Justice William J. Brennan, Jr. delivered the opinion for the 8-0 majority. The Supreme Court held that the purpose of the social security benefits for the surviving spouse and children is to enable the surviving spouse to properly care for the children, regardless of the gender of the parent. Gender-based discrimination regarding these benefits is therefore both illogical and counter-productive.
Justice Lewis F. Powell, Jr. wrote a concurring opinion in which he argued that the gender-based classification of the social security benefits does not serve any legitimate government interest. Chief Justice Warren E. Burger joined in the concurring opinion. In his opinion concurring in the judgment, Justice William H. Rehnquist wrote that the majority’s opinion overreached the bounds of the question by ruling on whether the statute violated the Fifth Amendment. He argued that the statute does not serve a valid legislative purpose and could be overturned on that basis alone.
Justice William O. Douglas did not participate in either the discussion or the decision of this case.
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