Assignment #2
Overviewing the case of Snyder v. Phelps it could be easily misconstrued about who was at fault morally rather than coming to a conclusion according to federal law. From thoroughly investigating the case it is infact accurate that Fred Phelps and his following a Westboro Baptist Church based in Topeka,Kansas focus and actively execute their ideas about God’s supposed hatred for the United States,and their tolerance of homosexuals.Particularly, the congregation focuses on homosexuality within the military and exercises their opinion by protesting their public opinion alongside military funerals to get their point across.
In 2006, the followers of Fred Phelps alerted law enforcement beforehand
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Besides the fact of the church lacking respect,the Westboro Baptist Church has been criticized for their abuse of their constitutional right and responsible for the families emotional distress.
Naturally, situation ethics should have come in action before Phelps and his following decided to protest at funerals in general even though they are infamous for the act. If the church had considered moral principles and made a relative decision to not protest at this particular funeral especially since Matthew Snyder was not a homosexual so why must his family suffer in further stand still than necessary. In views of Albert Snyder the church had no absolute right to be protesting their views while he was laying his son to rest. Snyder had been viewing the baptist church by their actions in which resulted in his severe
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Furthermore, what if other groups embraced their own reasons, regardless of facts or common decency, for disrupting private funerals of people they do not know? Would any funeral, any private function, be safe from intrusion?My values are more so seen as right is right and wrong is wrong depending on situational circumstances. In this particular case I am a stakeholder to this case , though I am not of the Baptist religion I believe everyone is entitled to their own sexual orientation. For example, I could honestly be at an acquaintance funeral and would be highly offended if I came in contact with those disturbing the mood of the funeral negatively all because they feel they are effectively communicating their hate messages. The ethical principle I would have probably have used is beneficence,this method applies the theory to do what is good. This priority to "do good" creates an moral behavioral standpoint and possible solution to an ethical dilemma acceptable. This principle is also generates the
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
Abstract On June 26, 2015 a divided Supreme Court ruled in the landmark case Obergefell v. Hodges that same-sex couples could now marry nationwide. At the time of the split ruling there were 9 supreme court justices, 5 of the justices were Republicans, and the remaining 4 were Democrats. In high profile cases it is except that the justices will vote along party lines. When the 5-4 ruling was reveled by the following statement. “It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right (Corn,2015).” written by
It is important, of course, to note that the Supreme Court was not able to immediately create and implement desegregation policy, because the Court does face constraints in the area of local implementation. However, the Brown decision was crucial for the success of the desegregation movement, because it supported the Civil Rights Act and provided a precedent for later decisions like Green that would help to implement the ruling at the district level. The courts were thus able to make decisions in this policy area that profoundly shaped the way that civil rights policy developed in the United States, as the courts were enabled to create successful policy in the area of school desegregation because of the combined influence of federal court
The Texas vs Johnson case didn't drastically change the way people viewed things. Yes, the trial caused a lot of uproar, especially in Texas because of its patriotism, but it wasn't a case in which a law or amendment needed to be changed but rather was a case in which an amendment needed to be understood. Johnson’s act of burning the American flag in front of Dallas City Hall, in order to protest the Reagan administration during the Republican National Convention, was deemed as a sign of “symbolic” speech. Johnson’s act was ruled to be protected by the first amendment because speech was considered more than just the written word. The Supreme Court ruled it as such because of prior cases such as “Stromberg v. California” and “Tinker v. Des
As with all Supreme Court cases, the meaning of the Lawrence v. Texas will deepen when in the process of its interpretation as well when it is cited by the lower state courts and The Supreme Court itself. In any situation, the decision in the case contains the brave declaration of the dignity and freedom of choice of all homosexual individuals. It was celebrated by the homosexual activists fighting for the equal rights in the hope that the future legal advances may follow. Social conservatives have deplored the decision for the same reason. Nevertheless, the ruling of the Court was neutral, therefore it was fair.
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.
First Amendment issues of the separation of church and state and state establishment of religion have long been litigated in the federal courts. Until recently, the Supreme Court had a consistent track record of preventing the intermingling of religion and government, especially when it came to the nation's public schools. Yet this past year, a newly activist conservative court has set about rewriting some of the Warren Court's judicial legacy. In the 1995 case of Rosenberger v. University of Virginia, the Supreme Court, in a 5-4 ruling, declared that the University of Virginia was constitutionally required to subsidize a student religious magazine on the same basis as secular publications and activities. This decision opens the door to greater government financial support for religious organizations. Groups like the Christian Coalition and the American Center for Law and Justice, the legal wing of Pat Robertson's financial empire, saw this narrow decision as a victory for their agenda of weaving together government and religion, thus tearing down the wall of separation between church and state, To justify their pursuits, they site the need for moral leadership in this country, which many view as ethically and morally rudderless. Yet Ralph Reed, Pat Robertson, the Christian Coalition, and other similarly thinking individuals and groups are promoting an agenda more far reaching than their mainstream supporters have in mind. The move to infuse government with a greater religious presence has almost nothing to do with instilling traditional values and morality, and almost everything to do establishing Christianity, specifically evangelical Christianity, as the state religion. ...
On the 11th of June, 1982 following the conviction of a criminal offense, Robert Johnson was sentenced to two years probation. The terms of his probation included his person, posessions, and residence being searched upon reasonable request. When a search warrant was executed for Johnson’s roommate, officers testified that with enough reasonable suspicion, they were able to search Johnson’s living area as well.
Have you ever wondered how abortion came to be legal? It was decided in the Supreme Court case of Roe v. Wade. The 1973 Roe v. Wade decision was a major landmark in not only the abortion issue, but also in American government.
The Roe v. Wade case originated in the state of Texas in 1970 at the suggestion of Sarah Weddington an Austin attorney. Norma McCorvey otherwise known as "Jane Roe" was an unmarried pregnant woman seeking to overturn the anti-abortion law in the state of Texas. The lawsuit claimed that the statue was unconstitutionally vague and abridged privacy rights of pregnant women guaranteed by the first, fourth, fifth, ninth, and fourteenth amendments to the constitution. (http://en.wikipedia.org/wiki/Roe_v._Wade)
Abortion is a topic that many don’t want to discuss. It’s a very personal decision that many women have to make each day, but in certain states, getting an abortion was becoming an even more difficult process. Not only did women have to decide to get an abortion that alone is a difficult choice, they now had to wait 24 hours, minors had to get consent, and/or inform the father of the child. But after all of this process, what if a woman couldn’t receive all of this? Would she be denied her right to get an abortion? The Supreme Court case, Planned Parenthood of PA v. Casey, wasn’t known for what it did, but mainly for what it did not do, which was not overruling Roe v. Wade, but reaffirming a woman’s right to an abortion; it questioned a state’s right to impose or place an “undue burden” on women.
Roe v Wade is a famous trial that made abortion within the first trimester of pregnancy legal nationwide. The final jurisdiction of the trial took place in 1973, a time when women had to fight especially hard for their rights and freedoms. The Supreme Court looked at three different cases, all centered around abortion. The parties included plaintiffs Jane Roe (Norma Leah McCorvey), husband and wife John and Mary Doe (David and Marsha King), and Dr. James Hubert Hallford; the defendant was Texas in all three cases (Pan). At first all of the issues were heard in Texas courts, and eventually all taken to the Supreme Court. Roe went to court because she believed that the state of Texas was infringing upon her personal rights to get a safe clean
The ruling of Baehr vs. Lewin was a victory for gay rights activists, hope for other states searching for the same freedom, and disappointment for opponents of same-sex marriage. Yet this victory was short lived (until complete legalization in November 13, 2013) since the state appealed the lower court’s decis...
Hudson, David L., Jr. "1st Amendment at issue in ban on gay-conversion therapy for minors. " ABA Journal. N.p., n.d. Web. The Web. The Web.
"The ACLU and Freedom of Religion and Belief." American Civil Liberties. (2013): n. page. Web. 2013.