Decision
The Court decided unanimously in favor of Wiesenfeld. 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. Justice Brennan wrote in the Court's opinion:
| “ | Since the Constitution forbids the gender-based differentiation premised upon assumptions as to dependency made in the statutes before us in Frontiero, the Constitution also forbids the gender-based differentiation that results in the efforts of female workers required to pay social security taxes producing less protection for their families than is produced by the efforts of men. | ” |
Wiesenfeld himself received no monetary benefits from the decision. By the time he initiated the case, he had shut down his consulting business and obtained a well-paid position at a computer company. His salary thus exceeded the income cutoff for receiving Social Security benefits.
Read more about this topic: Weinberger V. Wiesenfeld
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