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Argumentative essay lgbt rights
Contemporary religious discrimination
Argumentative essay about LGBT rights
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It was never just about the cake in the United States Supreme Court case, Masterpiece Cakeshop v. Colorado Civil Rights Commission. In a 7 to 2 vote, the Supreme Court reversed the Colorado Commission’s decision which had found that Jack Phillips, the owner of the Masterpiece Cakeshop, was not within his First Amendment rights when he refused to bake a cake for the gay couple, Charlie Craig and David Mullins. Although controversial, proponents of the First Amendment count this as a huge win. Perhaps even more surprising was that two liberal stalwarts on the high court, Stephen Breyer and Ruth Bader Ginsburg, joined their five more conservative colleagues in the majority, with Justice Ginsburg penning a majority opinion that elicited a strong …show more content…
After sitting down with the couple and hearing what they wanted him to do, Jack Phillips informed the couple that he could not honor their request due to his strongly held religious views and the couple left. After the fact, Craig and Mullins decided to take legal action. Beginning as a complaint and resulting in a lawsuit, the gay couple brought the case in front of the Colorado Civil Rights Commission where they won the suit on the grounds that Phillips violated the public accomodations provisions of Colorado’s anti-discrimination laws. Phillips appealed unsuccessfully to the Colorado Supreme Court. At that point, Phillips petitioned to the United States Supreme Court and the court agreed to hear the case. The Supreme Court was tasked with answering the question whether Colorado’s public accommodations law, that bans discrimination in places of public accommodation for a variety of reasons, including based on sexual orientation, compelled Phillips to use his skills to customize a cake for the gay couple’s wedding in violation of his first amendment right to freedom of
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
According to William E. Leuchtenburg, along with other successors, West Coast Hotel v. Parrish was the case that constituted a constitutional revolution. Leuchtenburg gives evidence of the main arguments of his opinion concerning the shift in the Court during this particular case as well as others that came after it. The significance of this case was that it upheld the “minimum wage” legislation passed by Washington State even though there was the uprising issue of “liberty of contract.” The presented case of West Coast Hotel v. Parrish provoked a constitutional revolution in the United States (Leuchtenburg, pg. 163). This case was not an open-and-shut case and encountered much opposition especially from the review of Tipaldo. As a result, it overturned the decision made by the trial court, which was based on the case, Adkins v. Children’s Hospital (Leuchtenburg, pg. 164).
In 1989, plaintiff Joseph Benning was cited for a violation of § 1256 for operating a motorcycle without wearing approved headgear in Caledonia County, Vermont. The statue states that “No person may operate or ride upon a motorcycle upon a highway unless he wears upon his head protective headgear reflectorized in part and of a type approved by the commissioner.1 The headgear shall be equipped with either a neck or chin strap.1” The County State’s Attorney dismissed the citation because he deemed the statue vague and unable to establish the elements necessary to prosecute the crime.1 However, the plaintiffs filed suit against the state, seeking to have § 1256 declared unconstitutional.
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
...gain ruled in favor of the Establishment Clause. These cases include Murray v. Baltimore School Board, Epperson v. Arkansas, and Stone v. Graham. It also set the grounds for the case, Lemon v. Kurtzman, which set up the “Lemon Test” for deciding if a religious function is Constitutional or not.
The opinion of the court was held by Justice Kennedy, in that the Colorado amendment was held unconstitutional on the basis that it violated the equal protection clause of the 14th amendment on the United States Constitution. Kennedy argued the amendment singles out a specific group in which, it would make it so only homosexuals cannot receive the protective rights that are available to anyone else. This idea makes homosexuals unequal to everyone else because they are not guaranteed the same protection that anyone else could get if they needed it. Furthermore, the amendment burdens the homosexual community by not allowing them to seek protection against discrimination though the use of legislation. Additionally, Kennedy claims “In and ordinary case, a law will be sustained if it can be said to advance a legitimate government interest…” (632) By this he means that a law will be considered valid as long as it has a ...
In Obergefell v. Hodges (2015), the court determined gay marriage to be a constitutional right, striking down several dozen state laws against SSM. While there has been some residual pushback against this decision, overall there has been broad complacence due to a high level of public support for the decision. Little scholarship has been done on how this decision has been implemented because the discussion was made so recently, but some measures show that “99.87 percent of the U.S. population [lives] in a county where same-sex marriage licenses are available” ("Local Government Responses to Obergefell v. Hodges." n.d.). While there are some pockets of resistance it is clear that there is broad local compliance with this decision, likely because of its broad popularity. Instances in which local bodies choose to disregard the Obergefell decision are highly publicized, and generally receive a great deal of public criticism. Thus, the SSM marriage example has fulfilled the two conditions for successful policy, as interest groups were able to use the courts to accomplish a set of aims, and local support has allowed for the implementation of the policy. While there has been some pushback along the way, this pushback has only served to further raise awareness of issue in the minds of the American people, and helped this cause gain
In the case Lawrence v. Texas (539 U.S. 558, 2003) which was the United States Supreme Court case the criminal prohibition of the homosexual pederasty was invalidated in Texas. The same issue has been already addressed in 1989 in the case Bowers v. Hardwick, however, the constitutional protection of sexual privacy was not found at that time. Lawrence overruled Bowers and held that sexual conduct was the right protected by the due process under the Fourteenth Amendment. The effects of the ruling were quite widespread and led to invalidation of the similar laws throughout the United States that tried to criminalize the homosexual activity of adults which were acting in privacy. The case attracted much of the public attention and quite a large number of briefs were filed in the cases.
Burwell v. Hobby Lobby was a landmark decision by the US Supreme Court. It was
In July of 2012, a same sex couple went to a cake shop in Lakewood, Co looking forward to getting a cake decorated for their wedding. But, the owner Jack C. Phillips declined to decorate a cake for their wedding, causing the couple to file charges discrimination against the shop. Although the case is still pending, This incident is what created the court case Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The court has not made a decision on what to do about this case.
Such precedent setting decisions are usually derived from the social, economic, political, and legal philosophy of the majority of the Justices who make up the Court, and also represent a segment of the American population at a given time in history. Seldom has a Supreme Court decision sliced so deeply into the basic fabric that composes the tapestry and direction of American law or instigated such profound changes in cherished rights, values, and personal prerogatives of individuals: the right to privacy, the structure of the family, the status of medical technology and its impact upon law and life, and the authority of state governments to protect the lives of their citizens.(3-4)
For some background, this case escalated to the Supreme Court since several groups of same-sex couples from different states, sued state agencies when their marriage was refused to be recognized. As it escalated through appeals, the plaintiffs argued that the states were violating the Equal Protection clause and the Due Process Clause of the Fourteenth Amendment. Equal Protection, according to the Constitution refers to the fact that, “any State [shall not] deprive any person of life, liberty, or property, without due process of law…” (23). The opposition of this case was that, 1) The Constitution does not address same-sex marriage as a policy, and 2) The sovereignty of states regarding the decision. Ultimately, and according to the Oyez project, the Court held that “[the Amendment] guarantees the right to marry as one of the fundamental liberties it protects, and that analysis applies to same-sex couples,” and therefore, same-sex marriage is a fundamental liberty.
...icant. This one for many families today is very important. These cases are also the reason why during a census you have the opportunity to check multiple races, instead of just one. This case stirred debates of gay marriage, which is a matter of personal opinion. It is up to you whether that is a pro or a con.
In Terry v. Ohio (1968), Terry and two other men were noticed by police officers to be hanging around a store, and seemed to possibly be “casing a job.” They were afraid the men might be getting ready to rob the store, due to their appearance and their actions. An officer stopped the men and frisked them. They found guns on them, and arrested them (Oyez, n.d.).
The supreme court is looking at the question does Colorado’s public accommodation laws violate the first amendment of the constitution pertaining to free speech. Colorado’s public accommodation laws protect people of race, religion, and sexual orientation discrimination. Also, Colorado’s public accommodation laws do explain that if a business