by Clifford F. Thies
The U.S. Supreme Court has recently considered a case in which a woman used stored sperm from her deceased husband to become pregnant, who seeks Social Security survivors benefits for the children that were thereby conceived and born.
According to various observers, this is another case where the 18th century document known as the U.S. Constitution has been made obsolete by advances in technology, as well as advances in science in general and the pretense of knowledge by the elites of the world.
Except for Mormons, the marriage contract is "to death do us part." The woman was no longer married to the deceased man at the time she became pregnant. (However, in respect of her wishes, as we might know them or as we might presume them, we would still informally refer to him as her husband.) Any children she bears by reason of subsequent pregnancies are either bastards, in the legal sense, or the children of her husband at the time. (Again, in respect of her wishes, we might still informally refer to the deceased man as the father of the children.)
Just to make clear, the possibility that she might have given birth to children with which she was pregnant at the time of her husband's death has been anticipated both by common and statutory law.
Now, as to Mormon belief in eternal marriage: By reason of the non-establishment clause of the first amendment, Mormon belief in eternal marriage is of no concern to the federal government. This is not to say that, e.g., contracts of private insurance companies which recognize this belief, would be against public policy.
We will briefly consider the contrary possibility: Were children conceived by the eggs and/or sperm of deceased persons to qualify for Social Security survivor's benefits, given the facility of such conceptions nowadays, the taxpayers would be exposed to a liability not anticipated at the time of the adoption of Social Security program.