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More handpicked essays just for you.
The concept of Gender identity
The concept of Gender identity
Concepts of gender identity
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Over the past few months on my social media feed, I've seen some of my LBGTQ friends posting things such as their partner and themselves are planning on getting married within the next coming months or x amount of months or years being with each other. Just recently in the news, probably not televised on the main stream news networks, there is a Supreme Court case down in Colorado. The case name is Master Piece Cakeshop v. Colorado Civil Rights Commission. The religious aspect that this Supreme Court case has screaming right away is the actions of Mr. Philips decision in which "pits religious believers against the nonreligious". Mr. Philips denied making a cake for Charlie Craig and David Mullins which caused controversy within the state of Colorado. This case as well is brining many other issues to light that are not being publicly mentioned as for this case is, yet nevertheless its stirring the melting pot in America that in not all cases should the government rules and regulations should be followed to the bullet points. Such as the findings founded in the "Lavender Scare" in which founded and called homosexuals in work settings publicly and shunned them. It was founded as well in President Carters staff …show more content…
and as he mentioned on behalf of homosexuals on his staff "As President...I believe I should represent everyone"(Dowland) when he was asked why he allowed homosexuals to be on his staff. As you would have figured many religious affiliations stepped in to make their voices heard on either behalf of Mr.
Philips or Charlie and David. Protestants mentioned and find under their findings of Colorado's public accommodation law that that "Colorado's antidiscrimination law at issue in Masterpiece Cakeshop already exempts places that are “principally used for religious purposes” from its definition of a place of public accommodation." Which entails that Mr. Philips has the right to decline providing services no matter the couples background. Few other religious background such as "Conference of Catholic Bishops, the National Jewish Commission on Law and Public Affairs" and few others argue the same point that Mr. Philips decision was morally
correct. It is unfortunate this couple was denied services from this baker, however I for see that some other baker would decide to step in and either bake a cake for them or allow them to buy a cake. With some states recently allowing gay marriages would the other states follow suit? Who knows, as well frankly who knows their states rules and regulations. United States v. Windsor (2013) explains that "No matter how genuine the conviction of those who would deny them that right, for a same-sex couple seeking to celebrate the most special day in their life, not knowing whether a vendor will reject their business because of their sexual orientation demeans the couple, whose moral and sexual choices the Constitution protects” that this is a part of life. Craig and Mullins did not know when they entered the bakery to ask the baker to bake them a cake or buy a premade cake that he would deny it because they were a gay couple. Frankly you won't know when you get into your car that on the way to work that day you would get into a crash, or get pulled over by a cop. Yet again its sad to see a couple on their special day or days leading up to it getting denied services yet as Americans would do when getting knocked down is simply get back up, and for this case find another baker who would either bake them cake or allow them to buy a premade while maybe trying to sue the previous baker as well.
Colorado Petitioner v. Francis Barry Connelly was a case appealed on October 8, 1986 by the Supreme Court of Colorado and later decided on December 10th, 1986 by the U.S. Supreme Court. The case began in Denver when, without any prompting, Francis Connelly approached police officer Patrick Anderson and claimed he had murdered a young girl named Mary Ann Junta. Before hearing anymore details, Officer Anderson immediately advised Connelly of his Miranda rights. The respondent said that he understood his rights but still wanted to discuss the murder. Officer Anderson asked Connelly several questions, where he denied drinking and taking drugs, but had claimed to be treated for mental illness. Soon after, detective Antuna arrived and Connelly was once again advised of his rights. Connelly claimed that
In the controversial court case, McCulloch v. Maryland, Chief Justice John Marshall’s verdict gave Congress the implied powers to carry out any laws they deemed to be “necessary and proper” to the state of the Union. In this 1819 court case, the state of Maryland tried to sue James McCulloch, a cashier at the Second Bank of the United States, for opening a branch in Baltimore. McCulloch refused to pay the tax and therefore the issue was brought before the courts; the decision would therefore change the way Americans viewed the Constitution to this day.
On September 4, 1958, Dollree Mapp’s was convicted in the Cuyahoga County Ohio Court of Common Pleas (Mapp v. Ohio - 367 U.S. 643 (1961)). On March 29, 1961, Dollree Mapp v. Ohio was brought before the Supreme Court of the United States after an incident with local Ohio law enforcement and a search of Dollree Mapp 's home (Mapp v. Ohio 367 U.S. 643 (1961)). In the Bill of Rights, the Fourth Amendment protects and prohibits all persons from unreasonable searches and seizures. However, can evidence obtained through a search that was in violation of a person’s Fourth Amendment rights still be admitted in a state criminal proceeding? This is the issue that will be thoroughly examined in the landmark case of Dollree Mapp v. the State of Ohio (henceforth
This example of a Supreme Court case shows that the court is not above politics. Even though most Americans, including government officials, practiced some form of Christianity, the judges were not willing to compromise the information in the Constitution for the popular beliefs of individuals. I agree with the Supreme Court in its decision to ban the practice of prayer in public schools. Not only does it violate the Constitution, but it encroaches on our freedom of thought and action. Being excluded from a public classroom because of personal beliefs does not sound just.
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
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 ...
As with all Supreme Court cases, the meaning of the Lawrence v. Texas will deepen when in the process of its interpretation as well when it is cited by the lower state courts and The Supreme Court itself. In any situation, the decision in the case contains the brave declaration of the dignity and freedom of choice of all homosexual individuals. It was celebrated by the homosexual activists fighting for the equal rights in the hope that the future legal advances may follow. Social conservatives have deplored the decision for the same reason. Nevertheless, the ruling of the Court was neutral, therefore it was fair.
The court system has jumped back and forth throughout the years and this may seem very confusing to the average person but they’ve never changed their mind on the big cases that were said in the previous paragraph. But the court seems to be sporadic in its decisions outside of these big cases. It all starts in 1962 when they held that prayer in the public schools was a violation of the first amendment.
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.
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
In 1993, one of the most important acts that has gone through Congress was passed (Religious Freedom, Map of the RFRA). This was the Religious Freedom Restoration Act (RFRA) of 1993 (Religious Freedom, Map of the RFRA). This act was passed to answer the 1990 court case Employment Division v. Smith (Questions and Answers, Map of the RFRA). Employment Division v. Smith was a court case in which the issue was whether “Sacramental use of peyote by members of the Native American Church was protected under the free exercise clause of the First Amendment, which provides that ‘Congress shall make no law.prohibiting the free exercise of religion'. ”(Questions and Answers, Map of the RFRA).
Arlene’s Flowers owner Baronelle Stutzman is charged with violating the state’s public accommodation laws by declining to provide floral arrangements for a gay couple’s wedding. However, the article states that the U.S. Supreme Court has long recognized that “the First Amendment protects artistic as well as verbal expression…should likewise extend to floristry.” If floristry does count as a form of expression, then Stutzman also has the rights to not provide floral arrangement. However in this case, I am on the side with the state. Her profession in no way seems to be directly linked to the participation of the gay wedding. She is only placing flowers at the wedding in order to decorate, not enforcing the gay marriage or embracing in what the customers are about to do. In fact, she is not even in the wedding, so how is this really compromising her Christian beliefs? For all we know, she could actually just use the religion excuse to not serve the gay couple. Recognizing a difference from religious belief and anti-gay prejudice is really difficult, but if the Court do some background research on the person and family and friends, then maybe we can see if the person is refusing services for a legitimate reason or not. This also brings up another problem. If Stutzman refuses to serve a gay wedding due to her religious belief, would she use the same excuse for a gay customer in store? If she did, she is discriminating the customer for the customer’s sexual orientation. Not only that, she probably at one point already served a good number of gay customers without knowing. Serving the customers do not affect her religious belief or compromised her for anything, so decorating the flowers at a gay wedding should be no different. If it makes her feel better about it, she does not have to know that it is a gay wedding that she is serving. I personally believe that we should serve the
Religious freedoms and individual rights have always been a problem in the United States and there have been constant arguments over the original intent of the U.S. Constitution. In recent years, especially after the U.S. Supreme Court ruled that same-sex marriage is legal in the United States, many problems have surfaced involving businesses and public officials denying goods and services to same-sex couples as well as not performing their civic duties based on their religious convictions. Problems have also occurred in areas involving business being required to provide contraception coverage for their employees. In 2014, Burwell v. Hobby Lobby, this was a major issue because Hobby Lobby would not cover “morning-after pills and intrauterine devices”. These incidents have lead to several key questions when dealing with these issues. “Should public officials be allowed to place their religious convictions ahead of their civic duty? Should business owners be required to provide goods or services if doing so violates their religious beliefs? Should businesses, doctors and others be allowed to
a case won against the U.S. postal service which allowed gay publications’ use of the U.S. mail
Society to me is moving into its toddler stage beginning to understand that everything is not going to stay the same and this has had a huge impact on the gay and lesbian communities. The fight that those before me had to endure to make the world more acceptable to marriage equality left me with a feeling that I had needed to take hurry and take advantage of their struggle. While the fought hard there are others who are fighting fiercely to undo everything that has been accomplished. Society doesn’t have many married gay couples for the younger generation to look to, this leads to the wrong impressions being formed. After reading through everything that the couples involved in the case of Obergefell v. Hodges had to suffer through made me want to honor their sacrifice and what better way to honor them than by doing what they fought so hard for me to be able to do get married. Reading thought the details of the case made me feel a certain connection and empathy for each of the people involved, but when I took the time to actually analyze their situations and my situation understanding arrived, they endured everything so that when I was truly ready as they were I would not have the same struggles. Understanding this fact and the realization that if I was to get married before I was ready it