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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. Polatschek had worked as a teacher for the five years prior to their marriage and continued teaching after they were married. The benefits for a deceased wife and mother, however, are only available to the children.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. The gender-based distinction made by 402 (g) is indistinguishable from that invalidated in Frontiero v. [420 U.S. 636, 643] Richardson, 411 U.S. 677 (1973). Argued January 20, 1975. 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. Gender-based discrimination regarding these benefits is therefore both illogical and counter-productive. Does the gender-based distinction in Social Security benefits violate the Due Process Clause of the Fifth Amendment?In 1973, Wiesenfeld sued on behalf of himself and similarly situated widowers. 73-1892. He claimed that the relevant section of the Social Security Act unfairly discriminated on the basis of sex and sought summary judgment. I also have to announce No. No. 420 U.S. 636. The Court held that the statutory scheme violated the right to equal protection secured by the Fifth Amendment. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY Syllabus

73-1892, Weinberger, Secretary of Health, Education, and Welfare against Wiesenfeld. 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. Frontiero involved statutes which provided the wife of a male serviceman with dependents' benefits but not the husband of a servicewoman unless she proved that she supplied more than one-half of her husband's support. Decided March 19, 1975. Since this purpose in no way is premised upon any special disadvantages of women, it cannot serve to justify a gender-based distinction which diminishes the protection afforded to women who do work.Eight of the nine justices voted in favor of Wiesenfeld, with Justice Douglas abstaining from voting. A case in which the Court will decide whether Section 13(b) of the Federal Trade Commission Act, by authorizing “injunction[s],” also authorizes the Federal Trade Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief.

Her salary was the principle source of the couple’s income, and social security contributions were regularly deducted from her salary.

Justice William J. Brennan, Jr. delivered the opinion for the 8-0 majority. In 1972, Polatschek died in childbirth, which left Wiesenfeld with the care of their newborn son. New content will be added above the current area of focus upon selection Weinberger v. Wiesenfeld, 420 U.S. 636 (1975) Weinberger v. Wiesenfeld. Ruth Bader Ginsburg spent a lifetime flourishing in the face of adversity before being appointed a Supreme Court justice, where she successfully fought against gender discrimination and unified the liberal block of the court. 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. linked as it is directly to responsibility for minor children, was intended to permit women to elect not to work and to devote themselves to the care of children. The Case: "Weinberger v. Wiesenfeld" The whole foundation of this ideological barrier broken lies on the context of the case, “Weinberger v. Wiesenfeld.” Argued at the Supreme Court by Ruth Bader Ginsburg on January 20th, 1975 with unanimous ruling in favor of the appellee, Stephen Charles Wiesenfeld, changed the course of gender equality. Chief Justice Warren E. Burger joined in the concurring opinion. A three-judge panel of the district court granted Wiesenfeld’s motion for summary judgment Justice William O. Douglas did not participate in either the discussion or the decision of this case.Yes. Under the Social Security Act, when a covered male worker dies, leaving a wife and minor children, survivors' benefits are paid both to the children and to the widow. Polatschek had worked as a teacher for the five years prior to their marriage and continued teaching after they were married. In 1973, Wiesenfeld sued on behalf of himself and similarly situated widowers.