Supreme Court rules widowers entitled to Social Security benefits
The U S Supreme Court ruled 6 3 that a federal law giving Social Security widow benefits but not to widowers violates the Constitution Justice Brennan said it is no less important for a child to be cared for by its sole surviving parent when that parent is male The ruling follows a New Jersey district court decision in the Wiesenfeld case where a man sought benefits after his wife a teacher died The court rejected the government view that the gender distinction served to aid families where women stay home to care for children The decision also limned limits on federal court power over state law challenges in a separate nuisance case with a theater in Ohio The high court sent that case back casting to determine extraordinary circumstances for federal access The opinion noted the cost of extending benefits to widowers would be about 20 million in 1974 The ruling upheld equal access to benefits regardless of sex The court did not include Justice Douglas due to a stroke and Justice Rehnquist authored separate opinions The decision marks a shift away from sex based classifications in Social Security benefits and preserves protections for working women It also addresses the broader issue of federal court intrusion into state court matters