Vera Burnett v. Richard S. Schweiker, Secretary of Health and Human Services, Defendant

HATCHETT, Circuit Judge:

The appellant, Vera Burnett, urges us to declare unconstitutional Section 416 (h)(1)(B), 42 U.S.C., which provides mother’s benefits to “deemed widows,” but terminates these benefits once a “legal widow” applies for benefits. Finding the statutory scheme rational, we affirm the trial court.

FACTS

In 1934, Willie Burnett, the deceased wage earner, married Ella Marie Rawls. Shortly after their marriage, they separated and Rawls moved to New York. Their marriage was never dissolved by divorce. In March 1946, Willie Burnett married Vera Burnett. At the time of her marriage,…