The Struggle For Equality And The Civil Rights Movement Essay

The Struggle For Equality And The Civil Rights Movement Essay

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The struggle for equality has been a long, hard fought battle in the U.S. The landmark decision in Brown v. Board of Education which prohibited segregation in schools (Brown v. Board of Education of Topeka 347 U.S. 483 1954) and overturned Plessy v. Fergusion 's “separate but equal” clause was instrumental in the establishment of civil rights and liberties in America (Plessy v. Ferguson 163 U.S. 537 1896). In 1973, Roe v. Wade 's monumental decision regarding abortion marked a turning point in the Woman’s Rights movement (Roe v. Wade 410 U.S. 113 1973), and in 1958 gay rights came to forefront with the Supreme Court ruling in favour of homosexuals and their right to free speech in One, Inc. v. Olesen (One, Incorporated, v. Olesen 355 U.S. 371 1958). Although One, Inc v. Olesen was a step in the right direction for the advancement of gay rights in America, the relationship that exists between the US Supreme court and the establishment of those rights has been a precarious one, to say the very least. The decision of the US Supreme Court in Boy Scouts of America v. Dale in 2000 was a significant blow to the LGBTQ rights movement in America. The US Supreme Court 's decision to allow the Boy Scouts of America to ban homosexuals from their organization based on their First Amendment right to expressive association was a huge setback not only for gay rights specifically but for equality rights generally(Boy Scouts of America v. Dale 530 U.S. 640 2000). How did the Supreme Court justify its 5-4 decision to overturn a New Jersey state law banning discrimination against homosexuals in places of public accommodation and what impact did this ruling have on the gay rights movement nationally? This paper will seek to answer these questions by f...


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...ica v. Dale530 U.S. 640 2000).
Stevens also noted that the world, and the opinions of society in general were changing and that the courts should reflect these changing views(Boy Scouts of America v. Dale530 U.S. 640 2000).

Justice Souter concurred with Justice Stevens however, disagreed with Stevens regarding the changing nature of society and its views regarding homosexuality and believed that this belief should not factor into the courts decision(Boy Scouts of America v. Dale530 U.S. 640 2000). He was joined by Ginsburg and Breyer on this matter and concluded that the Boy Scouts had failed to justify their expressive association claim because it did not made homosexuality a part of their message and did not in any way use its channels to convey any message whatsoever regarding sexual orientation in the Boy Scouts(Boy Scouts of America v. Dale530 U.S. 640 2000).

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The Struggle For Equality And The Civil Rights Movement Essay

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