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Social justice in the united states
Social justice in the united states
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The Snyder v. Phelps et al Supreme court case in 2011 was one of the most controversial cases in United States Supreme court history. Fred Phelps, the leader of the Westboro Baptist Church, took his followers to picket the Snyder’s son. Snyder’s son, Marine Lance Corporal Matthew Snyder, was killed in action. The Westboro Baptist Church came holding up signs stating such things as, “Thanks God For 9/11”, or “Thank God for Dead Soldiers”. After seeing these signs, the grieving family attempted to take them to court, hoping to silence them. Originally Snyder won, until through multiple appeals the case eventually found its way in the Supreme Court. The Supreme Court eventually ruled in favor of Phelps 8-1. Fred Phelps had founded the Church during 1955 in Topeka, Kansas. The church is mostly made up family members of Fred Phelps. The Westboro Baptist Church was founded on the belief that America is doomed and God hates America. They believe this is due to America’s leniency on homosexuality in the country. They attempt to spread this message by picketing funerals, mainly those soldiers killed in action. Since their founding, they have picketed approximately 600 funerals across the country. Matthew Snyder was killed in Iraq. His family planned a funeral through a local Catholic church in their hometown of …show more content…
The police gave them a spot to picket and instructions to follow during their protest. Throughout the protest their was no profanity or violence used by the church. The Church followed the instructions they were given and stayed at all times at least 1,000 feet away from where the funeral was being held, as instructed by the police. The funeral procession did however at one point pass 200 to 300 feet away from where the picketing took place. Snyder was able to see the tops of the signs, but could not read what they had
The Bryan v McPherson case is in reference to the use of a Taser gun. Carl Bryan was stopped by Coronado Police Department Officer McPherson for not wearing his seatbelt. Bryan was irate with himself for not putting it back on after being stopped and cited by the California Highway Patrol for speeding just a short time prior to encountering Officer McPherson. Officer McPherson stated that Mr. Bryan was acting irrational, not listening to verbal commands, and exited his vehicle after being told to stay in his vehicle. “Then, without any warning, Officer McPherson shot Bryan with his ModelX26 Taser gun” (Wu, 2010, p. 365). As a result of being shot with a Taser, he fell to the asphalt face first causing severe damage to his teeth and bruising
Doe case, Taking place in Texas in the year 2000, ended with a five to four verdict (Santa Fe Independent School Dist. v. Doe). The decision was in support of Doe, a Mormon family and a Catholic family that contested the school’s support of prayer at football games. The result of this case restricted the first amendment freedom of religion. The “wall” between religion and government that the Establishment Clause creates was present in this case (Cornell University Law School). The end of this case led to a strong divide between public schools and students’ religious practices. This case caused social changes to occur that affected public schools across America. Other public schools and parents of public school students saw the outcome of this case as an example of the “wall” that exists between church and state and that it will be enforced. Because of this case, many schools changed or abolished their own policies regarding
In Supreme Court cases, it is difficult to determine which side the judges will rule because the cases are often very controversial. The Constitution and one’s rights need to be protected, and if it goes against the Constitution, the consequences will not be agreed upon. As a result, in Holmes’ analysis, it ultimately brings to light the importance of results often being black and white, but they truly aren’t. The public still has a long way to go in not only understanding the law, but also the reasons why judges make these different decisions. But the most important thing is that the U.S. Constitution is always followed.
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 Dred Scott decision of the Supreme Court in March 1857 was one of the major steps
In turn Sossamon filed a suit against the state of Texas, also to include their state and prison officials. The case was known as Sossamon v.Texas. Sossamons initial argument was the prison systems interference with his ability to practice his religion not only violated the Religious Land Use and Institutionalized Persons Act or “RLUIPA” and Ins...
To this day, Americans have many rights and privileges. Rights stated in the United States constitution may be simple and to the point, but the rights Americans have may cause debate to whether or not something that happens in society, is completely reasonable. The Texas v. Johnson case created much debate due to a burning of the American Flag. One may say the burning of the flag was tolerable because of the rights citizens of the United States have, another may say it was not acceptable due to what the American flag symbolizes for America. (Brennan and Stevens 1). Johnson was outside of his First Amendment rights, and the burning of the American flag was unjust due to what the flag means to America.
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.
This Hobby Lobby case was decided totally upon the Religious Freedom Restoration Act (RFRA) that became law in 1993. The problem is the Supreme Court’s ruling in Burwell v. Hobby Lobby Stores is one of the demonstration that anti-discrimination regulations can practically induce heightened discrimination than they inhibit. This regulation, RFRA has effectively worked to protect that several anti-discrimination laws. However, Regulations that target religion on purpose are and should be legally suspect, but the RFRA progress more and more, empowering intentional omissions to laws that oppress religious activities. The RFRA menaces rational set of laws, including Unite States Constitution and Amendments forbidding discrimination against other
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.
Watchtower Bible & Tract Society of New York v. Village of Stratton. 536 U.S. 150
In the seven years of trials, appeals, and retrials, the Scottsboro Boys faced monumental challenges legally. Their trials and retrials were not even remotely close to fair and just. These trials set a precedent for similar cases in both the South and North. This case caused protests all over Europe and America, fighting the injustice the Boys suffered. Similar actions are being taken for gay rights today. There may not be a sensational criminal case involving gay rights, but there certainly have been many landmark and newsworthy civil cases in the state and federal supreme courts in the United States for gay rights recently. The injustices shown in the Scottsboro cases may not be able to be resolved for the nine Boys, but we can learn from these inequities and apply them to modern day issues, like gay rights. Fiat iustitia ruat caelum.
The legal malpractice case was first heard in the Texas State Court where Minton lost the suit. It was later appealed to the Texas State Court of Appeals; where the question of federal jurisdiction over the malpractice suit arose due to the patent issue. Minton lost the appeal.
This writer remembers watching Mathew Sheppard’s story unfold on the news one early morning. One could not believe that this young man was treated so inhumane for being gay. Listening as the news reporter reported that Sheppard was beat, and tied to a fence and left to die was unrealistic at the time. Why would anyone treat another human this way is baffling? Even though, Sheppard eventually did pass away from his injuries, he was not forgotten. As a result of his death, the Department of Justice (2015) “create[d] a new federal criminal law which criminalizes [when someone] willfully cause[s] bodily injury” to another human based in their “race, color, religion, national origin, sexual orientation, gender identity, or disability” (Department
This case was then taken to the Supreme Court, where Supreme Court justices deliberated whether this law violated free speech under the United States Constitution. In a 7-1 decision in favor of Brandenburg, the court upheld that this specific law was unconstitutional, as it violated the right to free speech. However, the Supreme Court justices also upheld that if any act of free speech incited lawless action, state law could prohibit it. This decision, in its true effects, has preserved hate groups such as the KKK by allowing individuals to continue spreading hate in America. However, recently, the alt-right has made several violent protests around the South-- and no true action by the United States has stopped them. These groups remain continuously protected by this heinously abhorrent decision of the Supreme