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Lgbt community discrimination
Lgbt community discrimination
Lgbt community discrimination
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A traditional prom setting is a dance attended by a couple of young teens: a male and female couple. But what would happen if an individual would like to take a prom date of the same sex? Fighting a battle of rejection or acceptant from family or the school board to approve that a lover or a causal date to the prom should not be determine by the same sex. Whether it is gay students, friends with gay parents, gay clubs in public schools has been a controversial issue for many years. Two teenagers, Constance McMillen and Derrick Martin are facing this battle as they try to bring their date to the senior prom. Constance McMillen, the Mississippi student who attended Itawamba County Agricultural High School, senior prom was cancelled because she wanted to escort her sophomore girlfriend to her senior prom. The school board didn’t agree to the same sex date and cancelled the prom. Not only could she not bring her girlfriend, but she was not allowed to wear a tuxedo. McMillen’s date was denied because the school district policy requires that dates be of the opposite sex (Associated Press, 2010). After the denying the rights to bring her prom date the court and lawyers got involved. The court believed the school was violating the first amendment right. The First Amendment states Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. These delicate words provided the United States to its well development of people and protection of rights. The U.S. Constitution is here to protect people rights, so problems like this ca... ... middle of paper ... ...Know that there are plenty of local (within a short distance of his hometown) resources capable of helping Derrick and they are being made available. There are offers to help keep him safe (security) as well as other daily needs and for the prom. Derrick knows best what he will need and will accept accordingly” (Melloy, 2010). Therefore with all the criticism from others that disagrees with the whole situation that Martin with through he still have support and is safe. Martin will continue with his life and going to school as an honor student known that he fought for his right. Consequently, justice was severed in Constance McMillen of violating her first amendment, even though some people will still blame her for the prom being cancelled. Derrick Martin was kicked out his parents house and is well stable living with a friend support from around the world.
Matthew's father appealed the school district's actions on behalf of his son to the federal district court. He alleged a violation of his First Amendment right to freedom of speech and sought both injunctive relief and monetary damages. The District Court held that the school's sanctions violated respondent's right to freedom of speech under the First Amendment to the United States Constitution, that the school's disruptive-conduct rule is unconstitutionally vague and overbroad, and that the removal of respondent's name from the graduation speaker's list violated the Due Process Clause of the Fourteenth Amendment because the disciplinary rule makes no mention of such removal as a possible sanction.
Many Supreme Court cases in the United States have reassured its citizens’ rights. One of those cases was that of the 1965 Tinker v. Des Moines Independent Community School District case. This case was about five students who were suspended from school for wearing black armbands. Should the students have been suspended? The Tinker v. Des Moines case was a very controversial Supreme Court case in which the right to freedom of speech and expression for students in public schools was violated.
why Martin felt the way she did when she was trying to find an apartment. In my point of view if
The Supreme Court’s decision in Tinker v. Des Moines held that students do not necessarily shed their constitutional rights when they enter onto school grounds. Tinker v. Des Moines Independent School District, 393 U.S. 503 (1969). However, the court recognizes the school’s special relationship with the students including abilities to limit freedoms on campus like speech that are not necessarily the same as adults outside school grounds. Id. The court established a two-prong test to determine the constitutionality of those limitations, of which either can be met. Id. The first prong is the forecast of a substantial disruption of the work of the school. Id. The second is the infringement of the rights of other students to be let alone. Id.
Legal Issues: Under the premises of Hazelwood School District v. Kuhlmeier, is the child’s First Amendment constitutional rights to freedom of speech or expression stopped at the school
The way we live in society is influenced because students rights to freedom of speech at school is limited. Since the school owns the school paper, the school officials can edit it and change anything written in it if they don’t like it. Like when Kuhlmeier wrote about teen pregnancy and divorce, the school didn’t like it and thought that it was “too deep” for ninth graders. The unique American identity was impacted because now the schools are limiting the freedom of speech and press, which seems to be going against the Constitution. This shows that how the supreme court will let something that seems so wrong and against the Constitution “slip by.” This also related to the Morse v. Frederick case. A student named Joseph Frederick stood across the street from his school, because the students were told that they could stand there and watch the Olympic Torch Relay being passed through Juneau, Alaska on its way to Salt Lake City, Utah. Frederick held up a sign that “Bongs hits 4 Jesus.” This is known to be a message to encourage use of marijuana. The principal then suspended Frederick for 8 days because the sign was held up “in the midst of his fellow students, during school hours, and at a school-sanctioned activity.” The supreme court ruled in favor of Morse, the school principal 5-4. This also limited the students freedom of speech rights at school, but it was a message
In her article “Beyond the Wall of Separation: Church-State in Public Schools”, Martha McCarthy, a Chancellor Professor and chair of Educational Leadership and Policy Studies at Indiana University, Bloomington, Indiana, makes it clear that her aim is to inform educators of the legal history and constitutional precedents of the Establishment clause and Free speech Clause of the First Amendment with an attached understanding of how educators should implement these findings. She summarizes and analyzes key Supreme Court rulings over the course of the 20th century as they pertain to religious expression in public schools. She clarifies the usage of both the Establishment Clause and the Free Speech Clause, including recent changes in trends that have been noted in the Supreme Court during the last decade. From the late 1940’s to the 1990’s most Supreme court rulings focused on the Establishment Clause to the increasing exclusion of the Free Speech Clause such that students were increasingly limited in the ways they were allowed to express themselves in school even in a private manner. In recent years, however, it has been noted that forcing students to suppress their religious expression is itself a religious statement and one that denies the role of religion in people’s lives. McCarthy notes that the public schools must take a neutral stand in relation to religion such that they do not defend or deny its role in people’s lives, either directly or indirectly.
"Protecting Freedom of Expression on the Campus” by Derek Bok, published in Boston Globe in 1991, is an essay about what we should do when we are faced with expressions that are offensive to some people. The author discusses that although the First Amendment may protect our speech, but that does not mean it protects our speech if we use it immorally and inappropriately. The author claims that when people do things such as hanging the Confederate flag, “they would upset many fellow students and ignore the decent regard for the feelings of others” (70). The author discusses how this issue has approached Supreme Court and how the Supreme Court backs up the First Amendment and if it offends any groups, it does not affect the fact that everyone has his or her own freedom of speech. The author discusses how censorship may not be the way to go, because it might bring unwanted attention that would only make more devastating situations. The author believes the best solutions to these kind of situations would be to
Martin in his early life decides how to assist the community while fulfilling his dreams. Moreover, I understand the issue that Didion expresses her experiences towards Ira Ewing’s children where these kids do not feel responsible and live their life in ignorance. I did not grow up with a luxurious lifestyle, in other words, like Steve Martin; a luxurious life is not necessary to be successful. Martin is successful and does not give up on his dreams through his hard work and motivation. Similarly, I had to build my future by putting the effort into my education and work as a part-time employee to support myself. So why should anyone care about the experiences that Steve Martin faced in his early life? The hard work that Martin applies in his early life teaches us to be alert to the dangers of an easy life and how to take responsibility towards the society we share. Unlike, Ira Ewing’s children are irresponsible and negligent towards their community where these children have not experienced the hardship. In compression, Martin grows up to be a successful and famous
In the Supreme Court the Students freedom was guarded by the first amendment and constitution. The First Amendments states “Congress shall make no law… abridging the freedom of speech.”(Streetlaw.org). However it doesn’t clarify what form of speech the amendment protects. The fourteenth amendment was involved when the rule extended out to state governments which the school system of Des Moines was a part of. The court challenged the
Note: This paper has a very long Annotated Bibliography. In recent years, same-sex relationships have become more encompassing in US society. State legislation is changing such as accepting gay marriages, enforcing anti-discrimination laws, and legal gay adoptions; the lesbian, gay, bisexual, and transgender community is becoming public. Gay-headed families, like heterosexuals, are diverse and varying in different forms.
The Prayer in school debate began in 1960 when the son of Madalyn O’hare was forced to take part in the school prayer. The prayer in school debate centers on the principle that is the separation of church and state. Her lawsuit removed prayer school in the sense that could not be led by any member of the faculty. Along very similar lines, prayer has been removed in many instances from convocations in public schools. If prayer in school is going to happen, it must be led by students and generally must be silent. If a student wants to pray in school it must be silent and personal (Allabouthistory.org). In this specific case, a student’s religious rights were violated, therefore, also violating the constitution. School prayer ‘infringes the Constitutional rights of others” (Yahoo.com). Every student has a right to refuse to participate in prayer, as well as participate in prayer
An issue that has, in recent years, begun to increase in arguments, is the acceptability of homosexuality in society. Until recently, homosexuality was considered strictly taboo. If an individual was homosexual, it was considered a secret to be kept from all family, friends, and society. However, it seems that society has begun to accept this lifestyle by allowing same sex couples. The idea of coming out of the closet has moved to the head of homosexual individuals when it used to be the exception.
Dress codes and uniforms have been deemed legal by the United States Supreme Court. As long as the dress code or uniform regulations pass a four-pronged test. Opposition for school uniforms holds fast to preserving the sanctity of freedom of speech. The supreme court ultimately has decided that dress codes and uniforms do not violate the freedom of speech. In Harold W. Mitchell and John C. Knechtle’s study of the first amendment rights and dress code, they note that in 1968 in Ginsberg v. New York the supreme court ruled that “[t]he state has power to control the conduct of children that reaches beyond its scope of authority over adults (491).” Mitchell and Knechtle go further into explaining the 4 pronged rule the supreme court uses to judge if a rule is against the freedom of
Students claim that requiring them to wear mandated uniforms deprives them of their ability to freely express themselves through their choice of dress. However, freedom of expression does consist of the rights to freedom of speech, assembly, and to petition the government, but the first amendment does not grant people the right to act any way they want without actions taken. Numerous schools have a straightforward dress code policy enforced. If these policies are violated, then the students could face consequences for their