Weinberger v. Wiesenfeld
| Weinberger v. Wiesenfeld | |
|---|---|
| Argued January 20, 1975 Decided March 19, 1975 | |
| Full case name | Caspar Weinberger, Secretary of Health, Education, and Welfare v. Stephen Wiesenfeld |
| Citations | 420 U.S. 636 (more) 95 S. Ct. 1225; 43 L. Ed. 2d 514; 1975 U.S. LEXIS 48 |
| Case history | |
| Prior | Wiesenfeld v. Secretary of Health, Education & Welfare, 367 F. Supp. 981 (D.N.J. 1973); probable jurisdiction noted, 419 U.S. 822 (1974). |
| Holding | |
| The gender-based distinction under of the Social Security Act violates the right to equal protection secured by the Due Process Clause of the Fifth Amendment. | |
| Court membership | |
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| Case opinions | |
| Majority | Brennan, joined by Burger, Stewart, White, Marshall, Blackmun, Powell |
| Concurrence | Powell, joined by Burger |
| Concurrence | Rehnquist (in result) |
| Douglas took no part in the consideration or decision of the case. | |
| Laws applied | |
| ; U.S. Const. amend. V | |
Weinberger v. Wiesenfeld, 420 U.S. 636 (1975), was a decision by the United States Supreme Court, which unanimously held that the gender-based distinction under 42 U.S.C. § 402(g) of the Social Security Act of 1935—which permitted widows but not widowers to collect special benefits while caring for minor children—violated the right to equal protection secured by the Due Process Clause of the Fifth Amendment to the United States Constitution.