1. Wengler v. Druggists Mutual Ins. Co., (1980)
2. Facts: Wengler’s wife died in a job related accident. He sought to collect worker’s compensation for her death. However, a state law required that the widower not be able to collect for worker’s compensation for his wife’s death unless he could show that he was physically disabled or dependent on his wife’s salary. Wengler did not fit either of these qualifications.
3. Procedural Posture: Wengler brought an action challenging the state law on equal protection grounds. The state court rejected the challenge, holding that the substantive difference in the economic standing of working men and women justifies the advantage that the law gives to the widow.
4. Issue: Whether the law is a violation of equal protection, even though it presumably gives widows a benefit.
5. Holding: Yes.
6. Reasoning: The law here is a discrimination against both living women, and surviving men. In both cases, it deprives the parties of the benefits they would get as (or from) a similarly situated male. Thus, under intermediate scrutiny, although having enough resources to provide for needy spouses is an important governmental objective, the classification used is not substantially related to the accomplishment of this objective. The state could either pay benefits to both spouses without a showing, or require a showing from both spouses. However, the difference in treatment here appears to be solely based on the stereotypical assumption that the widower will not need the assistance in most cases. As such, it appears to be only for administrative convenience. Although administrative convenience may properly withstand heightened scrutiny in some contexts, it does not in this case.
