The law is designed to protect statues not an individual’s behavior. Therefore the demand for assimilation or covering is not a behavior that individuals are protected against. The principle institutional mechanism of the myth of rights is litigation. Society trust and looks to the Supreme Court for declaration. Law writers use the legal reasoning of judges as a tool for updating constitutional principles . The court has denied same sex couples the right to be married; confirming that same sex marriage is illegitimate. The gay and lesbian community among other minority groups has fought with the help of the feminist, racial, and civil rights movement to secure their civil rights. Despite their fight Yoshino points out those members of the homosexual community who have been fired for admitting they were gay, lost custody of their children, and have been denied the right to marry. In Lawrence v. Texas 2003 Justice Scalia wrote the stat...
... middle of paper ...
...ual orientation support the myth of rights?
. Work Cited
Felstiner, Willam L.F, Richard L. Abel, and Austin Sarat. “The Emergence and Transformation of Disputes:Naming, Blaming, and Claiming.”Wiley on behalf of the Law and Society Association.1980-1981.University of Oklahoma.Web.Accessed February 8, 2016.
Galanter, Mark. “Why the Haves Come Out Ahead: Speculations on the Limits of Legal Change.” HeinOnline.Citation; 9 Law and Society.Rev.95.1974-1975.University of Oklahoma.Web. Accessed February 8, 2016.
Oyez.Romer v. Evans.1996.Web.Accessed February 8, 2016.
Scheingold, Stuart A.The Politics of Rights: Lawyers, Public Policy, and Political Change.The University of Michigan Press.2004.P.24.Print.
Yoshino, Kenji. “Covering:The Hidden Assault on Our Civil Rights.” Random House Inc.,New York.2006.Print.
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