Stephen Wiesenfeld and Paula Polatschek were married in 1970. Stephen ran a minicomputer consulting business and had an irregular income. Paula taught mathematics at Edison High School and earned significantly more than her husband. When Paula died in childbirth from an amniotic embolism, Stephen became the sole provider for their newborn son. To take care of his son, Stephen cut his work hours and sought child care. Wiesenfeld contested his ineligibility for Social Security survivors' benefits that were made available to widows, but not to widowers.
Rutgers Law School professor Ruth Bader Ginsburg, along with Melvin Wulf, took on Weinberger v. Wiesenfeld after several unfavorable Supreme Court decisions on gender discrimination cases. In 1974, Kahn v. Shevin had upheld differences in property tax exemption between widows and widowers, and the Supreme Court ruled in Geduldig v. Aiello that denying compensation from work loss due to pregnancy did not violate the Fourteenth Amendment. Ginsburg looked to Weinberger v. Wiesenfeld to promote the idea of "the care of two loving parents, rather than just one."
Eight of the nine justices voted in favor of Wiesenfeld, with Justice Douglas abstaining from voting. They declared that Section 402(g) of the Social Security Act was unconstitutional on the grounds that the gender based distinctions violated the Due Process Clause of the Fifth Amendment.
Stephen Wiesenfeld and Paula Polatschek were married in 1970. Stephen ran a minicomputer consulting business and had an irregular income. Paula taught mathematics at Edison High School and earned significantly more than her husband. When Paula died in childbirth from an amniotic embolism, Stephen became the sole provider for their newborn son. To take care of his son, Stephen cut his work hours and sought child care. Wiesenfeld contested his ineligibility for Social Security survivors' benefits that were made available to widows, but not to widowers.
Rutgers Law School professor Ruth Bader Ginsburg, along with Melvin Wulf, took on Weinberger v. Wiesenfeld after several unfavorable Supreme Court decisions on gender discrimination cases. In 1974, Kahn v. Shevin had upheld differences in property tax exemption between widows and widowers, and the Supreme Court ruled in Geduldig v. Aiello that denying compensation from work loss due to pregnancy did not violate the Fourteenth Amendment. Ginsburg looked to Weinberger v. Wiesenfeld to promote the idea of "the care of two loving parents, rather than just one."
Eight of the nine justices voted in favor of Wiesenfeld, with Justice Douglas abstaining from voting. They declared that Section 402(g) of the Social Security Act was unconstitutional on the grounds that the gender based distinctions violated the Due Process Clause of the Fifth Amendment.
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