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Political and civil rights
Civil rights movement
Civil rights in the USA
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In Houston, TX back in 2002, the police responded to a reported weapons disturbance situation at the home of John Lawrence. Upon entering Lawrence’s home, police found him and a man named Tyron Garner engaging in sexual acts. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute. This statute forbids two persons of the same sex to engage in intimate sexual conduct (Lawrence and Garner v. Texas). Due Process and Liberty Clauses of the Fourteenth Amendment protected the men’s privacy. The Supreme Court ruled 6-3 in favor of Lawrence and Garner, testifying that the State of Texas had no “right to prohibit any sexual conduct between consenting adults” (Olson). Lawrence v. Texas is extremely controversial now because it poses the idea that the government should uphold the same standard for same sex marriages and other same sex acts and not just same sex intercourse relationships. The 6-3 decision by the Supreme Court is an important case when regarding domestic same sex rights. This ruling has brought forth many other concerns and q...
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
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 ...
The constitutional right of gay marriage is a hot topic for debate in the United States. Currently, 37 states have legal gay marriage, while 13 states have banned gay marriage. The two essays, "What’s Wrong with Gay Marriage?" by Katha Pollitt and "Gay "Marriage": Societal Suicide" by Charles Colson provide a compare and contrast view of why gay marriage should be legal or not. Pollitt argues that gay marriage is a constitutional human right and that it should be legal, while Colson believes that gay marriage is sacrilegious act that should not be legal in the United States and that “it provides a backdrop for broken families and increases crime rates” (Colson, pg535). Both authors provide examples to support their thesis. Katha Pollitt provides more relevant data to support that gay marriage is a constitutional right and should be enacted as law in our entire country, she has a true libertarian mindset.
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.
Texas has an aspirationalist outcome and it liberated many people. Lawrence v. Texas is a case about sodomy and the Supreme Court had to rule whether the Texas statute making it illegal for homosexuals to engage in sodomy was Constitutional or not. The Court ruled that the Texas statute was unconstitutional because “liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex” (Carter & Burke, 2009, p. 126). Basically, the Constitution guarantees liberty for all and that same liberty protects privacy. Therefore, the Constitution protects privacy. The outcome of this case is aspirationalist because it values an individual rights, privacy, dignity, and equal protection and due process under the Fourteenth Amendment’s Due Process Clause. As Justice Brennan Jr. (1985) put it “dignity and rights of all persons were equal before all authority” (p. 1), which means that the Constitution guarantees those rights and other laws or authority cannot take it away. In this case, since heterosexuals have the right to do what they want in the privacy of their own home and not be brought to court or ridiculed for it, homosexuals should be able to do the same or the dignity and rights of all persons are not equal. This case had a huge impact because it overturned that case of Bowers v. Hardwick, which meant that states were no longer allowed to create sodomy
“Do you know what the Gays did to me now? They took away my right to vote!”
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.
...regnancy, the Supreme Court decided that within the Fourteenth Amendment existed a fundamental right to privacy as the amendment guarantees liberty. Embedded in the Fourteenth Amendment?s right to privacy is the right to homosexuality and homosexual behavior.
The historic case of Roe v. Wade was a pivotal case that changed the way the court system viewed a woman’s reproductive rights. To this day the topic of abortion has people torn between the legal rights of the woman and her right to choose what to do with her own body. This side is known as the pro- choice side. The other side of the debate wants to protect the moral rights of the fetus stating that the unborn child must have rights as well. The hard thing to do was to determine for some is when the life of the fetus can be considered a living person with rights. The state of Texas that was arguing on the rights for the fetus also known as the pro-life side. The state believed that the unborn child should have rights to life. For this reason
This was soon modified into language that has remained substantially unchanged to the present time.. Jane Roe, a single woman who was residing in Dallas County, Texas, instituted this federal action in March 1970 against the District Attorney of the county. She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face, and an injunction restraining the defendant from enforcing the statutes. Roe alleged that she was unmarried and pregnant; that she wished to terminate her pregnancy by an abortion "performed by a competent, licensed physician, under safe, clinical conditions"; that she was unable to get a "legal" abortion in Texas because her life did not appear to be threatened by the continuation of her pregnancy She claimed that the Texas statutes were unconstitutionally vague and that they abridged her right of personal privacy, protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendments.
Miscegenation: Noun; Marriage, cohabitation, or sexual relations between two members of two separate races. Most commonly used in reference to relations between African Americans and Caucasian Americans (blacks and whites.) In 1960’s nearly 4 out of every 225 marriages was interracial. This was frowned upon in the early to mid 1900’s and this is what two people, Mildred Jeter and Richard Loving had to face. Racial indifference or a racial supremacy has been an issue in America as long as it has existed. It began with the Native Americans on this soil we thrive on today. The whites of the time pushed the Natives of what land they could and fooled them off of the rest of it. They took their children, and tried to conform them into a race they were not, and never would be. From there on, our nation grew larger and more independent. In 1619, 127 years after North America had been discovered, a Dutch man traded his cargo of Africans for food. This gave our nation its first group of “servants.” The uproar of slavery did not start until the 1680’s as far as the records show.
The supreme court case of Obergefell v. Hodges is one huge reason why we have same-sex marriage as of today. Richard Hodges is the defendant while James Obergefell is the plaintiff. As a result of this case, states are unable to pass laws that limit marriage of same-sex couples. It requires all states to license marriages between these couples, and makes states recognise marriages made outside of said states. Before this case, there were several other cases that supported similar, but not exact situations, which will be briefly covered in this essay. However, the Obergefell v. Hodges case is what officially made same-sex marriage undeniable by all states in the union.
... the government and a majority of states ban homosexual marriage. Although many of these claims tend to be opinions and even falsehoods, the author contributes a strong argument. Many court cases have been issued due to the huge controversy of homosexual marriage. In Planned Parenthood v. Casey, the court concluded “that the Constitution places limits on a State’s right to interfere with a person’s most basic decisions about family and parenthood”(Moss 106). This contradicts with all the rules and regulations that the states place upon marriage and more specifically gay marriage. There have been several cases on the violations of homosexual rights, but laws have not currently been changed so that they have equality in all aspects. In the future, society will hopefully mirror the solution to the 1960’s prohibited interracial marriage and permit homosexual marriage.
A prevalent issue among individuals in today’s society is the idea of gay marriage. This is the idea that two males or two females can be married. Although many people accept this, there are people that try to argue that gay marriage will destroy the concept of marriage and the idea/concept of procreation. Gay marriage was legalized in 2015, but is still a prevalent issue because the opposing side is trying to get the law revoked. Not only is gay marriage a prevalent issue but so is discrimination against the LGBT community. In reference to the position supporting gay marriage, the discussion will focus on: the overall idea of gay marriage, discrimination against the LGBT community in the workplace and discrimination against the LGBT community
Over the last years the topic of same-sex marriage has been of great importance to our society. The idea of the same gender being lawfully married is disturbing to a group of people but in the recent years the number of supporters has increased. The cases that argue for the legalization of same-sex marriage are focusing on the relationship of the individuals and do not see anything in same-sex marriage that could harm our society as a whole. The article “How the President go to ‘I Do’ on Same-Sex Marriage,” published by Joe Becker in April 2014, explains how Barack Obama started saying that he was undecided about the subject matter but is now leaning toward the legalization of same-sex marriage. The subject matter takes a lot of analyzing of what pros and cons are to come from the legalization of same-sex marriage. Same-sex marriage is a global argument that deals with unifying two individuals of the same gender under the law. The main reason that supporters give for justifying same-sex marriage is that it is for the same reason as straight people, to show love and commitment to each other. Furthermore, the argument of same-sex marriage is difficult to generalize because of the multiple factors that need to be taken in consideration when making any decision regarding this topic. Although Becker does have true premises, he lacks clarity in his terms which make his argument be false and invalid.