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Argumentative essay lgbt rights
Contemporary religious discrimination
Argumentative essay about LGBT rights
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It was never just about the cake in the United States Supreme Court case, Masterpiece Cakeshop v. Colorado Civil Rights Commission. In a 7 to 2 vote, the Supreme Court reversed the Colorado Commission’s decision which had found that Jack Phillips, the owner of the Masterpiece Cakeshop, was not within his First Amendment rights when he refused to bake a cake for the gay couple, Charlie Craig and David Mullins. Although controversial, proponents of the First Amendment count this as a huge win. Perhaps even more surprising was that two liberal stalwarts on the high court, Stephen Breyer and Ruth Bader Ginsburg, joined their five more conservative colleagues in the majority, with Justice Ginsburg penning a majority opinion that elicited a strong …show more content…
After sitting down with the couple and hearing what they wanted him to do, Jack Phillips informed the couple that he could not honor their request due to his strongly held religious views and the couple left. After the fact, Craig and Mullins decided to take legal action. Beginning as a complaint and resulting in a lawsuit, the gay couple brought the case in front of the Colorado Civil Rights Commission where they won the suit on the grounds that Phillips violated the public accomodations provisions of Colorado’s anti-discrimination laws. Phillips appealed unsuccessfully to the Colorado Supreme Court. At that point, Phillips petitioned to the United States Supreme Court and the court agreed to hear the case. The Supreme Court was tasked with answering the question whether Colorado’s public accommodations law, that bans discrimination in places of public accommodation for a variety of reasons, including based on sexual orientation, compelled Phillips to use his skills to customize a cake for the gay couple’s wedding in violation of his first amendment right to freedom of
(Cheeseman2013) In the National Labor Relation Board v Shop Rite Foods case some employees of Shop Rite Foods of Texas elected a worker union as a Bargaining agent for a collective bargaining agreement for over 3 months the agreement was still not settled. Then ShopRite began to notice a lot of it merchandise being damaged in the warehouse. They determined that the damage was being intentionally being caused by dissident employees as a pressure tactic to secure concessions from the company in the collective bargaining negotiations.
According to William E. Leuchtenburg, along with other successors, West Coast Hotel v. Parrish was the case that constituted a constitutional revolution. Leuchtenburg gives evidence of the main arguments of his opinion concerning the shift in the Court during this particular case as well as others that came after it. The significance of this case was that it upheld the “minimum wage” legislation passed by Washington State even though there was the uprising issue of “liberty of contract.” The presented case of West Coast Hotel v. Parrish provoked a constitutional revolution in the United States (Leuchtenburg, pg. 163). This case was not an open-and-shut case and encountered much opposition especially from the review of Tipaldo. As a result, it overturned the decision made by the trial court, which was based on the case, Adkins v. Children’s Hospital (Leuchtenburg, pg. 164).
In 1989, plaintiff Joseph Benning was cited for a violation of § 1256 for operating a motorcycle without wearing approved headgear in Caledonia County, Vermont. The statue states that “No person may operate or ride upon a motorcycle upon a highway unless he wears upon his head protective headgear reflectorized in part and of a type approved by the commissioner.1 The headgear shall be equipped with either a neck or chin strap.1” The County State’s Attorney dismissed the citation because he deemed the statue vague and unable to establish the elements necessary to prosecute the crime.1 However, the plaintiffs filed suit against the state, seeking to have § 1256 declared unconstitutional.
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.
...gain ruled in favor of the Establishment Clause. These cases include Murray v. Baltimore School Board, Epperson v. Arkansas, and Stone v. Graham. It also set the grounds for the case, Lemon v. Kurtzman, which set up the “Lemon Test” for deciding if a religious function is Constitutional or not.
Back in the Liberace v. Thorson case many things were left unanswered. This showed the flaws and faults with same sex court proceedings. It showed how there were so many doubts present when going about same sex palimony litigations. The results of the palimony barely gave Thorson any of the money he originally sued for. With no job and a drug addiction he was out of money fast. The results of the case are remembered today as a dramatic case with Thorson being left as a drug addict. This court case affected the world because it was one of the first court cases highlighting the issues with same sex equality in
In Terry v. Ohio (1968), Terry and two other men were noticed by police officers to be hanging around a store, and seemed to possibly be “casing a job.” They were afraid the men might be getting ready to rob the store, due to their appearance and their actions. An officer stopped the men and frisked them. They found guns on them, and arrested them (Oyez, n.d.).
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 ...
In Obergefell v. Hodges (2015), the court determined gay marriage to be a constitutional right, striking down several dozen state laws against SSM. While there has been some residual pushback against this decision, overall there has been broad complacence due to a high level of public support for the decision. Little scholarship has been done on how this decision has been implemented because the discussion was made so recently, but some measures show that “99.87 percent of the U.S. population [lives] in a county where same-sex marriage licenses are available” ("Local Government Responses to Obergefell v. Hodges." n.d.). While there are some pockets of resistance it is clear that there is broad local compliance with this decision, likely because of its broad popularity. Instances in which local bodies choose to disregard the Obergefell decision are highly publicized, and generally receive a great deal of public criticism. Thus, the SSM marriage example has fulfilled the two conditions for successful policy, as interest groups were able to use the courts to accomplish a set of aims, and local support has allowed for the implementation of the policy. While there has been some pushback along the way, this pushback has only served to further raise awareness of issue in the minds of the American people, and helped this cause gain
...icant. This one for many families today is very important. These cases are also the reason why during a census you have the opportunity to check multiple races, instead of just one. This case stirred debates of gay marriage, which is a matter of personal opinion. It is up to you whether that is a pro or a con.
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.
Burwell v. Hobby Lobby was a landmark decision by the US Supreme Court. It was
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.
In July of 2012, a same sex couple went to a cake shop in Lakewood, Co looking forward to getting a cake decorated for their wedding. But, the owner Jack C. Phillips declined to decorate a cake for their wedding, causing the couple to file charges discrimination against the shop. Although the case is still pending, This incident is what created the court case Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission. The court has not made a decision on what to do about this case.
Mr. Phillips the owner of the bakery says that his religious views is the sole reason he does not want to par take in a same-sex wedding celebration. His lawyers argued that there is a certain artistic expression when Mr. Phillips makes his cake and that it counts as free speech. This cake must convey some type of message. Since this cake is custom made for the same sex marriage it conveys a message that Mr. Phillips does not want his cake to be apart of the wedding ceremony. Mr. Phillip’s lawyers brought up Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc. in which people forming a parade did not allow the gay community to be apart of the parade. The supreme court ruled that private free speech can’t be infringed, you can’t force yourself to be part of a parade. Mrs. Waggoner argued that you can’t force Mr. Philips convey a message through artistic expression that goes against his religious