Legal Opinion
Weinberger v. Wiesenfeld
Supreme Court of the United States
Decided March 19, 1975No. 73-1892PublishedCited by 900 opinions
1Opinion of the CourtJustice Brennan
Social Security Act benefits based on the earnings of a deceased husband and father covered by the Act are payable, with some limitations, both to the widow and to the couple's minor children in her care. § 202 (g) of the Social Security Act, as amended, 42 U. S. C. § 402 (g).1 Such benefits are payable on the basis of the *638earnings of a deceased wife and mother covered by the Act, however, only to the minor children and not to the widower. The question in this case is whether this gender-based distinction violates the Due Process Clause of the Fifth Amendment.2
A three-judge District Court for…
2Cases cited17 opinions
- Stanley v. IllinoisSupreme Court of the United States · 1972
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Bolling v. SharpeSupreme Court of the United States · 1954
- Taylor v. LouisianaSupreme Court of the United States · 1975
- Reed v. ReedSupreme Court of the United States · 1971
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3Cited by900 opinions
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
- Buckley v. ValeoSupreme Court of the United States · 1976
- Davis v. PassmanSupreme Court of the United States · 1979
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Craig v. BorenSupreme Court of the United States · 1976
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