BOWEN v. OWENS

No. 84-1905.

476 U.S. 340 (1986)

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES v. OWENS ET AL.

Supreme Court of United States.

Decided May 19, 1986


Attorney(s) appearing for the Case

Deputy Solicitor General Kuhl argued the cause for appellant. With her on the briefs were Solicitor General Fried, Assistant Attorney General Willard, Deputy Solicitor General Geller, Edwin S. Kneedler, and William Kanter.

Gill Deford argued the cause for appellees. With him on the brief were Neal S. Dudovitz, Peter Komlos-Hrobsky, Sally Hart Wilson, and Eileen P. Sweeney.


JUSTICE POWELL delivered the opinion of the Court.

Certain provisions of the Social Security Act in effect between 1979 and 1983 authorized payment of survivor's benefits from a wage earner's account to a widowed spouse who remarried after age 60, but not to a similarly situated divorced widowed spouse. The question in this case is whether those provisions violated the equal protection component of the Due Process Clause of the Fifth Amendment.

I

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