Califano v. Webster

Week 12 — Sex Discrimination

Facts

The Social Security benefit-calculation formula allowed women to obtain higher monthly payments than similarly situated men.
The federal government justified the formula as remedying past economic discrimination against women.

Whether a sex-based Social Security benefit formula benefiting women survives intermediate scrutiny as a permissible remedial measure.

Yes. The classification was upheld.

A gender classification can withstand intermediate scrutiny if it directly compensates women for past economic discrimination.
I.e., redressing society's longstanding disparate treatment of women.
There must be a direct and concrete link between the gender class benefiting from the classification and the historical discrimination claiming to be remedied.
The federal government had an important interest in remedying past economic harm to women, and the SS formula was substantially related to that remedial purpose.

Reconciled with Mississippi University for Women v. Hogan:
- The gender class benefitting from the area the law regulated in MUW (women in nursing) had never experienced discrimination — so there was no need for a remedial measure.
- In Webster, the SS policy applies to all women, who have historically suffered economic discrimination.
See also Schlesinger v. Ballard (1975) — Navy discharged men after 9 years without promotion but women after 13 years; allowed because designed to remedy women's fewer opportunities to advance.
Reminder: This deals with the EPC of the 5th Amendment because the federal government is involved.