The main issues of this legislation revolve around commerce and federal preemption. From the cases discussed in lecture and discussion, there are two cases that have a strong, direct correlation to the cases and many others that have a secondary or weaker correlation to the legislation. Windsor (2012) has the greatest correlation because of the topic at hand. Windsor challenged the constitutionality of the Defense of Marriage Act (DOMA) citing that the act discriminated against the ability of Edith Windsor to collect her spouse's estate by imposing estate taxes that other non-same-sex couples were not subject to. There were three questions at hand; one regarding the statement by the Executive Branch that the law is unconstitutional, one …show more content…
Lopez (1995) handled the issue of carrying a gun in a school zone and whether Congress had the ability to regulate that. The court, in a 5-4 decision, said no, that the act of carrying a gun does not substantially effect commerce. Congress overstepped its bounds. Justice Breyer dissented claiming a three prong approach of which the court should consider "significant effect", the act as a whole, and whether Congress had a "rational basis." Morrison (2000) struck down, in a 5-4 decision, the constitutionality of the Violence Against Women Act claiming that the there is no activity regulated that can be argued under the Commerce Clause. Justice Breyer's dissent points out the "mountain of data showing the effects of violence against women on interstate commerce" and that the court should defer to Congress. Gonzalez (2005) supports Congress's Commerce Clause powers by finding the Controlled Substances Act constitutional and Justice Steven's opinion stated that Congress had the power to regulate local activities that are part of a "class of activities." Swift (1904) questioned the ability of Congress to regulate a meat trust but the 9-0 decision solidified Congress's ability to regulate commerce due to the indirect and direct affects on interstate commerce. Here we see the beginning of the "stream of commerce." Schechter (1934) is opposite of this decision. The poultry in this case was found to not have entered the stream of
Sexual orientation is “the clear, persistent desire of a person for affiliation with one sex rather than the other”, otherwise known as sexual preference. (http://medical-dictionary.thefreedictionary.com) Prejudice against lesbians, gays, bisexuals, and transsexuals (otherwise known as LGBT people) remain widespread in American society. LGBT people have always been a target for discrimination. Like other forms of prejudice, this discrimination is based on a hostile attitude toward a specific group and in this case minority. The current strides in the controversy of the legalization of the same sex marriage is a prime example of this discrimination. Sexual orientation prejudice
As a marketing manager you have recently turned down Nancy Conrad for a position as sales supervisor. Nancy believes the denial was due to her gender and she has filed a sex discrimination charge with the EEOC. Explain the steps the EEOC will use to process the charge; include Nancy’s options during the process. Determine the likelihood of success of Nancy’s discrimination claim from the EEOC data base (available through www.eeoc.gov). Describe the basic precautions you should take so you might prevail in her claim.
Recommended Organizational Response ……………………………………… . . . . . . . . . . . . . 3
In our society we should protect LGBT rights it’s unfair that we treat them differently.
Highschool is also a factor as to why I am for sexual orientation equality. Growing in , my family and I were not adiment about going to church. The most church that I have attended when I was young includes VBS and an occasional sunday service if my neighbor ever conjured up the energy to go. So my outlook on sexual orientation differs from most christians, however I do consider myself Christian, we just seem to differ on the verses we go back to when deciding if sexual orientation equality is O.K. My family did not impact my decision on how I felt about this particular topic much, it was never really anything discussed at my house other than them saying every once in a wile that they don't discriminate against gays or bisexuals, but just prefer not to see any affection right in their face. By the time I was in highschool, it
For decades, sex selection has been a controversial issue, choosing the sex of a child is viewed as a justifiable act since there is no harm done to anyone .I believe that gender selection creates balance in a family and culturally viewed as a desirable practice to fulfill social norms. However others ethicists believe that sex selection reinforce the idea of sexual discrimination within our societies (Caulfield & Brownsword, 2012).This explains why there are renewed efforts from civil societies and government to analyze arguments presented by different authors who either support or oppose sex selection.
As the fight for equal rights of LGBT+ community is becoming bigger and bigger, many people are wondering whether they can succeed or not. Thousands of haters oppose their rights and even their existence everyday and everywhere. However, they do not give up, and with the help of supporters all around the world, they will soon become accepted widely. All difficulties will have their own solutions, and numerous solutions has been listed out to help. At first, the responsibity belonged to the governments, they must consider carefully to legalize laws for same-sex couples by preparing campaigns to persuade and educate people in the country. A good example is Obama – the former president of America, who always support LGBT+ community. "This ruling
There are differences between what is considered to be prejudice and what discrimination is. Prejudice is identified as a typically negative attitude that is directed towards an individual 's social status, or group. Discrimination is reported as completing a negative act, or acts, towards a group, or individuals in a group, on the bias of the same reason or reasons. Given what is known, or inferred, about prejudice and discrimination, it can be related back to how LGBT associates are effected within athletic fields. Understanding the terminology, methods of research, development, and corrective/preventive procedures are well discussed in the field of Social Psychology.
Prejudice which means prejudgement where it displays attitude towards a social group (Hogg & Vaughan, 2011). This is a huge social issue within society has faced as it leads to many consequences that can end in violence. Homosexuality is an example of sexual minors facing prejudice from other social groups. There have been a number of prejudice and discrimination towards the gay community since the 1980’s where sexual behaviour between the same genders was not considered normal (Hogg & Vaughan, 2011). The influence of Christianity encouraged the prosecution of homosexuals which become labelled as a mental illness and considered an act that should be punishable. However, through protesting and fight for equality and gay rights gay marriage became legal in many parts of the world. Taking into consideration the legalisation of gay marriage, there is a continuation of discrimination against the gay community.
Katharine Hepburn, Harvey Milk, Fred Korematsu, and Kenneth Clark were all leaders representing minorities in America. These deviants to society made efforts to bring about positive cultural changes in times of strong sexual or racial discrimination. Great improvements have been made as a result of the contributions these citizens made to our country.
The United States of America is a synthesis of different religions, cultures, and ethnicities. Although the American culture has improved significantly in terms of opportunities for equal employment, arguably there are still unjustified conflicts that create hostile working environments. Within the workplace, women have overcome countless obstacles, in fact, a common barrier that female employees face is gender discrimination. As an example, gender discrimination is the mistreatment of an employee because of their gender. According to the report 's release by the Institute for Women’s Policy Research (IWPR, 2017), on average, women that are employed full-time earn approximately 80 cents for every dollar earned by men.
The criminal just system should view all people no matter what their race, gender, or social class is. In a world where Lesbians, gays, bisexuals, and transgender people are being slandered, it is hard for them to get jobs because of their sexual preferences or how they identify. Gays and lesbians who choose to come out around “straight” people they work with will probably face at least some (if not much) discrimination. During work, “discrimination based on sexual orientation must not be tolerated in any form in modern law enforcement. Instead of prejudice and intolerance, police departments and chief executives should embrace a “Do Ask, Do Tell” attitude toward gays and lesbians (Winchell, 2008)”. They will go out of their way to cause harm either (physically/ mentally), professional humiliation, and the refusal of some heterosexual officers to work in close proximity with the LGBT officers. Instead of discriminating on others, officers should begin to judge based on the quality of their work and strength of character.
As everyone’s opinion has been stirred into a great debate each branch of government has played a role in establishing, enforcing, and passing laws on same sex marriage. Congress has introduced bills on the issue of concern for gay marriage and the policies surrounding it. Barack Obama has invited bisexual leaders to the white house to address their issues and concerns. The Supreme Court has even established and gave same-sex couples new rights and freedoms ensuring a brighter future for LGBT community in the U.S. The changes brought forth by the different forms of government have become more, and more controversial as the fight for Gay Rights presses forward as a very relevant topic in today’s politics.
In America, minority groups are not given the same prillages as white Americans. For this paper, I will limit myself to writing about African Americans in order to be more specific. The African American community faces many cases of discrimination and oppression. Despite many Americans refusing to believe that there is racial inequality, it still exists. Only when awareness spread, can we come together to change the inequality and injustice between races.
I have a picture from the Woman’s March from January 2017. It’s my Facebook cover photo, a Latino policeman helped me stand up on the trunk of his police car to get the photo. It’s not a professional photo, but it’s taken well enough to see that there are people going miles back. They’re a big mix of nationalities, races, sexualities, ages, and genders but they were all here for the same thing I was there for: to make sure my voice was heard and to try and help in any way I could. Before that first protest I had no clue where I was going or what I was doing with my life, I knew I wanted to help people, that’s the whole reason I went to the demonstration in the first place but it wasn’t until after that I realized that my first protest helped me find my purpose in life.