Afterwards, it is necessary for the Court to decide the issue of the right of Petitioner Bridges to receive reimbursement from the state-sponsored insurance company, Bacchanal Affordable Care ("BAC"). According to testimony, Petitioner Bridges is a member of the Fundamentalist Church of Latter Day Saints (FLDS). The ancient texts of the FLDS Church support polygamy and allow males to marry multiple wives, as long as the wife is over the age of thirteen. Bridges resides in the state of Nevada, which refuses to recognize any plural union, like all other states. Nevada also prohibits the issuance of a marriage licenses to anyone under the age of eighteen, and consequently a state marriage license must be issued in order for a marriage to be legally recognized. Bridges married Stefani Germanotta in a FLDS religious ceremony when she was sixteen years old. They did not apply for a state marriage license/certificate. Shortly after, Bridges married Onika Tanya Maraj, a twenty-five year old woman, also in a FLDS religious ceremony. Bridges and Maraj elected to have their marriage recognized by the state. Because the state had no reason to …show more content…
The RFRA prohibits the government from substantially burdening religious free exercise unless it must do so to further a compelling government interest. Hobby Lobby vs. Burwell referenced RFRA, as the corporation believed that the health-insurance coverage they were mandated to provide to their employers violated “their sincerely held religious beliefs.” (Hobby Lobby, 1). Hobby Lobby is a family-owned corporation that believes that providing contraception is morally wrong. Similarly, Bridges, the sole owner of the Paradise Found corporation, subscribes to a religion of which a primary tenet is that polygynous marriage, specifically marriage of one man to multiple women, is a mechanism of expressing strongly held religious convictions. Therefore, Bridges is attempting to align his argument with that of the Hobby Lobby
Brandon Woody English 3604-201 Dr. Reginald Martin 7/9/2015 Uproar Over Marriage Equality June 26th, 2015 was a monumental day for the LGBT community due to the Supreme Court of the United States deciding that preventing gay couples from getting married was unconstitutional, consequently legalizing same sex marriage in all 50 states. The response to the SCOTUS?s decision has been mixed, with supporters expressing elation to detractors displaying disappointment and anger in response to the ruling. Although I wouldn?t describe myself to be elated when news of the legalization of gay marriage was revealed, I am in support of the decision the Supreme Court handed down. I consider myself a supporter of the Supreme Court?s decision for the following reasons: the United States has long been a global leader on social issues; legislation in the modern era shouldn?t be based upon the rules included in archaic religious texts, and there are far greater issues that deserve the
Shadrack Babwiriza Case Brief Writing Assignment Martin. J Littlefield Criminal Law 10/27/15 Buffalo State College I. Dennys Rodrigues, Petitioner v. United States II. 135 S. Ct. 1609; 191 L. Ed. 2d 492 III.
Smith, Petitioner V. Thompson, Respondent Case Number: OH 5647-32 Facts: This appeal arises out of a post-judgment ruling by the trial court on the issue of whether Mr. John Smith stole Ms. Agnes Thompson’s mail in order to commit identity fraud. The facts which give rise to this matter are as follows: Agnes Thompson, 74 year old, accused John Smith of stealing her mail and opening several accounts using her personal information and social security number. Mr. Smith allegedly stole Ms. Thompson’s mail in order to commit identity fraud; subsequently, the police arrested Mr. Smith was arrested in June of 2015. Later, the Federal District Court in Toledo tried Mr. Smith in August of 2015.
The theory of the case revolved around the incompetence of Bertha and how Abigail would be a better caretaker. This is relevant, but the focus should have been more around the RWS and BCF vs EAG case, held by Minnesota Supreme Court in 2009. The factors of intent involved in this case mirrored those of Abigail v. Bertha, which incorporates the contract stating the intended parents in a traditional surrogacy. In both cases, the intended parent is stated, and in RWS and BCF v. EAG, the gay couple won. The only difference is that the gay couple were ruled the biological parents because one of the men donated his sperm, whereas Abigail did not have a biological relationship with the twin boys.
I. Introduction The United States is founded on the concept of Liberty. As expressed in the Constitution, all United States citizens are entitled to the rights of life, liberty, and the pursuit of happiness. These values have been endlessly challenged throughout history in an attempt to determine where freedom should end and where government regulation might begin.
Obergefell v. Hodges (2014) The Obergefell v. Hodges (2014) case involved the marriage of same sex couples. Groups of same sex couples sued their state agencies to challenge the constitutionality of them refusing to recognize legal same sex marriages. Plaintiffs argued that the states’ statutes violated the Equal Protection Clause and Due Process Clause of the 14th Amendment.
Karina Dyal PHIL 340: Ethics and Law Legal Brief Assignment—Lawrence v. Texas 04/01/17 Case: Bowers v. Hardwick (1986) Facts: Oral and anal sex between two individuals from the same gender was deemed illegal—implemented through a Georgia statute. Hardwick who was an adult male, was charged in 1982 for violating the statute by engaging in sexual activities with another male in his home. The case was not pursued by the District Attorney, who also decided to not have the case presented before a grand jury. Hardwick went to the federal district court where he questioned the statute’s constitutionality. Issue: Does the U.S. Constitution give homosexual individuals the fundamental right to have sexual intercourse, and therefore renders the laws
In my brief I will explore the effect of the Loving V. Virginia (1967) on the case of Obergefell V. Hodges (2015) and how it led to legalization of same sex marriage. I will prove that the 9th amendment which addresses the right to marriage did not specify that marriage should be between a man and a woman. I will also prove that the precedents set by prior cases reflected on the decision of the supreme justice. I will first explain the prior cases and discuss their rulings and reflect on the reason judges chose this. I will then discuss the Obergefell v. Hodges case and its similarity to prior cases .
My Amendment begins as a simple letter from a reader named Ken Byron to a writer of a Pennsylvania newspaper discussing his agreement with the writer about their disdain for Same-Sex Marriage and his desire that it be banned in the Constitution. Byron’s argument quickly goes from an expression of his own opinion to an absurd idea of banning Samish-Sex Marriage between an effeminate man and masculine woman. Byron has such strong beliefs that Samish-Sex Marriage should not take place that he has created a scale defining what constitutes a Samish-Sex Marriage and what he believes can be done to ensure no one is entering into Samish-Sex Marriages. George Saunders’ story My Amendment offers a critique of a repugnant social practice through the use
Hodges (2015) the Supreme Court held that the Due Process Clause of the Fourteenth Amendment guarantees the right to marry as one of the fundamental liberties it protects, applying to same-sex couples the same as opposite-sex couples. This case was brought forward by numerous groups of same-sex couples who were suing their relevant state agencies to challenge the constitutionality of those states’ same-sex marriage laws. The Supreme Court found that there is no difference between same-sex marriages and opposite-sex marriages, therefore, the exclusion of same-sex couples from the right to marry violates the Due Process Clause. This is policy making because the Supreme Court forced states to change their laws by deciding that it was against the constitution to not only ban the recognition of same-sex marriages that occurred in states that allowed it, but also making same-sex marriage legal in all states. Government officials even those who do not believe in the law change must abide by it, by allowing same-sex couples their now legal right to be married and receive the benefits that opposite-sex married couples receive; changing the way that citizens and the government interact in societal ways but also financial
Roe v Wade is one of the most prominent rulings to be handed down by the United States Supreme Court in the twentieth century. This case effectively legalised abortion nationwide, establishing that the termination of a pregnancy is protected by the constitutional right to privacy. The plaintiff, Jane Roe, sought to nullify a Texas statute declaring that the termination of pregnancy is an indictable offence. Notwithstanding the sizeable precedent set by Roe v Wade, abortion continues to be one of the most highly contested issues within the political discourse. This paper will analyse the legal, social and political impact that Roe v Wade has had on America since it was handed down in 1973.
But, as with its Commerce Clause jurisprudence, the Court’s expansive rights jurisprudence may not be taken for granted. Consider the 2015 Obergefell v. Hodges case, which legalized same-sex marriage in all states. That decision, undeniably, was an audacious assertion of power by the Supreme Court, one that brought the guillotine down on states’ internal deliberations as to the merits of same-sex marriage. I thus cannot deny that this decision counts in favor of the view that the Court holds a bias toward centralization, but there is another side to this coin, namely, the four impassioned dissenting opinions delivered by the Court. The principal dissent among these decried the Court for “invalidat[ing] the marriage laws of more than half the States” without their assent.
This paper will cover Government funding for Planned Parenthood. I will prove why it is fundamental for the Government to fund Planned Parenthood. I will also prove why it is the Government’s moral obligation to fund Planned Parenthood. In July 2015, a Planned Parenthood was recorded talking about aborting a fetus while preserving its organs for medical research.
Old fashioned, hand made clothing, reserved lives, playgrounds that only consist of a cement slab, and a school system that only teaches through the eighth grade are peculiar to the outside world. These oddities are just the surface of the unusual practices that take place in the Fundamentalist Church of Jesus Christ of Latterday Saints. The FLDS church is one of the largest Mormon fundamentalist denominations and one of the largest organizations in the United States whose members practice polygamy. Polygamy is illegal, in 1890 the Mormon church ended its practice of polygamy, which created a split in the church. Fundamentalists moved to secluded areas where they could continue their practice of plural marriage.
Religion seems to play an important and controversial role between issues that involve the LGBTQ society. Before American Democracy can answer any of these questions, a line needs to be drawn between politics and