Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Civil rights in the USA
Speech on wedding occasion
Speech on wedding occasion
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Civil rights in the USA
Background
The case was brought forth when Charlie Craig and David Mullins went to a bakery to inquire on buying a cake from Masterpiece Cake. Mr. Jack Phillips is the owner of the bakery and he is a very famous cake maker and very religious man. The issue is when Mr. Craig and Mr. Mullins inquired Mr. Phillips to make a wedding cake to celebrate their union together. Mr. Phillips refused to provide them the service due to his religious beliefs that conflict with the wedding celebration of a same sex couple. There was a compliant filed to the administrative commission and the judge ruled for summary judgement.
Legal Issue
The supreme court is looking at the question does Colorado’s public accommodation laws violate the first amendment of the constitution pertaining to free speech. Colorado’s public accommodation laws protect people of race, religion, and sexual orientation discrimination. Also, Colorado’s public accommodation laws do explain that if a business
…show more content…
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
My Response. I think the court made the right decision by granting the defendants’ motion for summary judgement as to the plaintiff’s sexual harassment claim, since her gender was not a contributing factor in this case. However, regarding the law in this case, I find it strange that just because Lynch treated both men and women equally badly, this would nullify Smith’s claim for hostile work environment sexual harassment, when such harassment clearly took place. Why does the harassment have to be towards one sex only for there to be a valid legal case? Should it not be enough that she was subjected to unwelcome sexual harassment?
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.
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 ...
Chris and Pat Anderson, majority shareholders and founders of Cupcakes-Palooza (CP), is a privately held corporation located in Janesville, WI. CP’s office hours are Monday thru Friday 8:00 A.M. until 4:30 P.M. and bakery hours are 4:00 A.M. until 12:30 P.M. During bakery operations, CP produces and sells roughly 15,000 cupcakes weekly to selective grocery stores in the Janesville area.
Issue: Did the State of Illinois violate the Equal Protection Clause when it denied Peter Stanley a hearing on his fitness to keep his children?
...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.
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.
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.
On June 26, 2015, The U.S. Supreme Court ruled that same-sex marriage is a fundamental right in the decision on Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al. This controversial decision overturned the law of more than 17 states. In the 5-4 decision, Justices Kennedy, Ginsburg, Breyer, Sotomayor and Kagan voted with the majority and Justices Roberts, Scalia, Thomas and Alito were dissenting. At the heart of the controversy is the philosophy of judicial restraint and judicial activism. Was the Obergefell decision an example of judicial activism? Certainly, because it declared state laws banning same-sex marriages as unconstitutional. The Court’s decision, which was based on precedent and interpretation of the Constitution, was just.
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: "...
The ruling of Baehr vs. Lewin was a victory for gay rights activists, hope for other states searching for the same freedom, and disappointment for opponents of same-sex marriage. Yet this victory was short lived (until complete legalization in November 13, 2013) since the state appealed the lower court’s decis...
The issue went to the supreme court of the United States which ruled that the prayer was not constitutional.
It was a beautiful Saturday morning on January 6. The winter air was crisp and the view was amazing. The soft salty scent from the ocean filled the air. Off the balcony on the second story of the Long Beach Yacht Club I could see the light swells of the Pacific Ocean. The small crashing of waves added to the peaceful instrumental background sounds as the ceremony was about to begin. January 6, my wedding date, was a day that changed the rest of my life.
In conclusion I argue that banning same-sex marriage is discriminatory. It is discriminatory because it denies homosexuals the many benefits received by heterosexual couples. The right to marriage in the United States has little to do with the religious and spiritual meaning of marriage. It has a lot to do with social justice, extending a civil right to a minority group. This is why I argue for same-sex marriage. The freedom to marry regardless of gender preference should be allowed.