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Effect of rape in our society
Effect of rape in our society
Effect of rape in our society
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Michael v. Superior Court of Sonoma County This case debated the constitutionality of a law where men were always accountable for statutory rape if they had sex with a female under 18 even with consent and even if both parties were both under the age of 18. Also, this law did not hold women accountable for the same crime. Michael argued that under the equal protection clause of the 14th amendment both sexes were entitled to equal protection under the law, making this law a violation of the Constitution. Through this direct citation of the Constitution in their argument, Michael presented a strong argument. In addition, Michael strengthened their case on a moral scale by giving an example of the extreme hypothetical case where a 41 year old would not be legally accountable under this specific law if they had sex with a 13 year old. …show more content…
In contrast, the Superior Court of Sonoma County utilized precedent in their argument with the case Craig v. Boren. The verdict of this case was that classifications based on sex were legal and constitutional if they served a purpose. Sonoma County contended that the law was meant to protect teenage girls from pregnancy and, combined with this precedent, the laws concerning stationary rape were constitutional. Although, Sonoma County did not have much specific evidence and backing from the Constitution, which severely weakened their argument. Lastly, they did not have the moral backing of Michael’s case and the point was brought up that their are other more effective ways to prevent pregnancy, which again weakened Sonoma County’s case.
Clinton v. Jones This case put into question the constitutionality of Bill Clinton receiving executive immunity for a
In her essay “A Feminist Defense of Abortion” Sally Markowitz addresses the Autonomy defense as not being feminist in nature. She comes to this conclusion by recognizing that the right to bodily autonomy is not just a female right but a right that is innate for every person, male or female. Markowitz then asserts that the human right to bodily autonomy in regard to abortion should not be a gender neutral defense. Many feminists have come to the conclusion that the Autonomy Defense works against women in the courts as it shifts the focus away from gender inequality. Feminists have adopted the belief that sometimes gender should be relevant in claiming rights. To fail to claim a right on the basis of gender in the situation of abortion would obscure the relationship between reproductive practices and their oppression.
The final outcome to the case of Clinton v. The City of New York was very surprising to many different people. The constitutional issues that were brought up was that with the Line Item Veto Act the President had was too much power. Many arguments were brought up in the Supreme Court from both the majority and the dissenting sides. The whole case being ruled unconstitutional by the Supreme Court and then coming to a mooted pointed to this day. I believe that tis ruling was incorrect in the fact that the majority should feel good that they had received the rest of the bill. President Clinton could have just disapproved and vetoed the whole bill, but he didn’t he just got rid of the part he believed that is wasn’t needed. It’s in this fact I believe the case should have been ruled constitutional.
Abortion is a major debate in society today and has been an impassioned topic for decades. At issue is whether or not abortion should be permissible. Generally I support the idea of abortion given specific circumstances. If a woman becomes pregnant due to rape, she has no moral obligation to carry the baby to full term. It is a gross expectation for society to think a woman should give birth to a baby conceived from rape and to take care of the child as her own. In this discussion I will argue that abortion is permissible if the mother was a victim of rape.
On June 7th 1965, married couples in the State of Connecticut received the right to acquire and benefit from contraceptive devises. In a majority decision by the United States Supreme Court, seven out of the nine judges believed that sections 53-32 and 54-196 of the General Statues of Connecticut , violated the right of privacy guaranteed by the Fourteenth Amendment. The case set precedence by establishing marital (and later constitutional) privacy, and had notable influence on three later controversial ruling=s in Roe v. Wade (1973), Bowers v. Hardwick (1986) and Planned Parenthood of S.E. Pennsylvania v. Casey (1992) . The issue at hand was, and is still, one that still causes debate, wether a state has the authority to restrict the use and sale of contraceptives. Though it is not contraceptives, anymore, that is at the heart of the abortion debate, this ruling was the first step to the expectation of constitutional privacy.
The extents of the Fourteenth Amendment to the Constitution has been long discussed since its adoption in mid-late 1800s. Deciding cases like Brown v. Board of Education and Roe v. Wade has been possible due to mentioned amendment. These past cases not only show the progression of American society, but also highlights the degree of versatility that is contained within the amendment. Now, in 2015, the concerns are not of racial segregation or abortion, the extent of the amendment was brought to a new field: same-sex marriage. In Obergefell v Hodges, we can see the epitome of the Equal Protection Clause.
No other element of the Women’s Rights Movement has generated as much controversy as the debate over reproductive rights. As the movement gained momentum so did the demand for birth control, sex education, family planning and the repeal of all abortion laws. On January 22, 1973 the Supreme Court handed down the Roe v. Wade decision which declared abortion "fundamental right.” The ruling recognized the right of the individual “to be free from unwanted governmental intrusion into matters so fundamentally affecting a person as the right of a woman to decide whether or not to terminate her pregnancy.” (US Supreme Court, 1973) This federal-level ruling took effect, legalizing abortion for all women nationwide.
In 1973, in what has become a landmark ruling for women’s rights, the U.S. Supreme Court ruled in favor of a woman’s right to an abortion. Ever since, individual states have adopted, altered, and/or mutilated the edict to fit their agendas – Texas included. However, the decision made by the justices in Roe v. Wade didn’t set clear cut, inarguable demarcation lines, which has allowed the fiery debate to consume the nation. Rather than establishing a legal ruling of what life is, or is not, the Supreme Court has remained silent on the issue.
The case that I decided to write about is one of the most controversial cases that have ever happened in the United States. The Roe v. Wade (1973) case decided that a woman with her doctor could choose to have an abortion during the early months of that pregnancy. However, if the woman chose to wait until the later months of the pregnancy then they would have certain restrictions based on their right to privacy. This case invalidated all state laws which limited women’s access to abortions during their first trimester of their pregnancy which was based on the Ninth Amendment of the Constitution. The Amendment states that “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (Cornell University Law School, 2013).
... The Web. The Web. 18 Mar. 2010. http://www.christianaction.org.za/articles/10rguments.htm>. “Roe v. Wade.”
In 1971, Norma McCorvey or Jane Roe, filled a case against the district attorney of Dallas County, Henry Wade, because he enforced a Texas law that prohibited abortion unless the abortion was needed medically, to save the mother’s life. Being a single, pregnant woman , Roe did not have the choice to have an abortion because the pregnancy was not endangering her life. Plus, Roe could not afford to travel to have the operation done safely. As a result, Linda Coffee and Sarah Weddington, two lawyers that graduated from the University of Texas Law School, claimed a lawsuit against the abortion laws in Texas because they violated Roe’s constitutional rights. Besides Roe’s two laywers, Hallford, a licensed physician, and a childless married couple known as the Does supported Roe’s case. The lawsuit against Wade was filed in a Texas Federal Court. The Texas Federal Court heard the case on December 13th, 1971 and again, on October 11th, 1972. After the examination of Weddington and Coffee’s argument against Jay Floyd’s, the lawyer for Wade during the first argument, and Robert C. Flower’s, the lawyer for Texas in the second argument, the court ruled in Roe’s favor by claiming that the law did violate the Constitution. Consequently, Wade appealed to the U.S. Supreme Court.
Schopf, S. (1995). "Megan's Law": Community Notification and the Constitution. Columbia Universtiy School Journal of Law and Social Problems, 29
Little views the intimacy of gestation as the most important factor to be considered when examining the issues of a woman’s right to determine a pregnancy. There are no other instances where the state mandates the existence of an intimate relationship agains the will of one of the participants and pregnancy should be no different.
"The Constitutionality of the Defense of Marriage Act in the Wake of Romer v. Evans ." New
The long standing and illegal practice of rape and sexual abuse is a global issue seen in practically every continent. The legal definition of rape in the state of Florida includes any type of sexual activity involving force or threat of force. Rape occurs when the victim does not give consent or cannot give consent. Florida Laws: FL Statutes - Title XLVI Crimes Section 794.005 part A states, “’Consent’ means intelligent, knowing, and voluntary. Consent does not include coerced submission. ‘Consent’ shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” For the purpose of this paper it’s vital to compare the legal standard of rape and consent in the U.S., with what is being broadcasted throughout the nation.
Carmen, Irin. “Abortion Bans with Exceptions for Rape Are Hypocritical.” Opposing Viewpoints in Context. 2012. Web. 13 Jan. 2014