ipl-logo

Supreme Court Case Analysis

581 Words3 Pages

On 02 October 2003, The Court of Appeals found John Geddes Lawrence, the defendant guilty due to the fact that it is against state law Tex. Penal Code Ann. 21.06(a) (2003). It provides: “A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex” (Kemp & Skelton, 2015). A Supreme Court decision eventually overturned the Texas state law prohibiting consensual, private sexual activity between gays and lesbians. The reason the Supreme Court accepted the case for adjudication was because they felt three questions needed to be considered.
“1. Whether Petitioners' criminal convictions under the Texas "Homosexual Conduct" law--which criminalizes sexual intimacy by same-sex couples, but not identical …show more content…

This case originated in the Court of Appeals of Texas, the question was the validity of a Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct, but not identical behavior by different sex couples violate the Fourteenth Amendment guarantee of equal protection of laws. Under the Fourteenth Amendment the Equal Protection Clause is the laws of a state they must treat an individual in the same manner as others in similar conditions and circumstances. The Supreme Court also had to answer the question of whether or not the criminal petitioners convictions for adult consensual sexual intimacy in the home violate their vital interests in liberty and privacy protected by the Due Process Clause of the Fourteenth Amendment? Under the Due Process Clause, "First, it incorporates [against the States] specific protections defined in the Bill of Rights....Second, it contains a substantive component, sometimes referred to as ‘substantive due process.'...Third, it is a guarantee of fair procedure, sometimes referred to as ‘procedural due process'..." (Ely Jr., 2015 ). Nonetheless, it did violate the Due Process Clause because liberty protects the person from unwarranted government intrusions and both individuals were adults, their conduct was consensual, as well as, the right to

Show More
Related

Newdow Supreme Court Case Summary

667 Words | 3 Pages

The case was implied a Magistrate Judge, whose brief discoveries and recommendation completed up, and "the Pledge does not slight the Establishment Clause. " The District Court grasped that proposition and released the protestation on July 21, 2000. The Court of Appeals turned around and issued three separate choices talking about the benefits and Newdow 's standing. As it would see it, the offers court consistently held that Newdow has remaining as a watchman to challenge a practice that meddles with his qualification to facilitate the religious direction of his daughter. That holding managed Newdow 's remaining to challenge not only the game plan of the school locale, where his young lady still is enrolled, moreover the 1954 Act of

Read More

Supreme Court Case: Bowers V. Hardwick

162 Words | 1 Pages

In 1986, the U.S. supreme court ruled to uphold the constitutionality of a Georgia sodomy law criminalizing anal and oral sex in private between consenting adults, marking a legal precedent allowing individual states to freely enforce sodomy statutes of their own. This supreme court case, Bowers v. Hardwick, began when Michael Hardwick was found by police having oral sex with another man when they entered his home. Hardwick was charged with sodomy, a felony in Georgia. A preliminary hearing was held with Hardwick, as a self-described practicing homosexual, asserting that the anti-sodomy statute placed him in imminent danger of arrest. He filed suit in Federal District Court, arguing the statute was unconstitutional.

Read More

Summary Of The Gideon V. Wainwright Case

877 Words | 4 Pages

The men pleaded not guilty but were accused of rape that same day. For the first time, via the Fourteenth Amendment, the Sixth Amendment reached the state levels as a result of Gideon vs. Wainwright. The Fourteenth Amendment included “the Due Process Clause, to describe a legal obligation of all states. These words have as their central promise an assurance that all levels of American government must operate within the law and provide fair procedures” (Cornell Law). This required Alabama’s defendants to be appointed attorneys for their cases.

Read More

Case Brief Griswold V. Connecticut

624 Words | 3 Pages

Reason: Implied rights listed by the court included the Fifth Amendment, which offers protection

Read More

The Case Of Gideon V. Wainwright

662 Words | 3 Pages

On the other hand, the judge had clarified that, this was how it was during that time period, the “state refusing to give the defendant an attorney did not necessarily violate the ‘Due Process Clause of the 14th Amendment’” (Facts and Summary of Cases: Gideon v. Wainwright).

Read More

Obergefell V. Hodges: Case Study

971 Words | 4 Pages

This case brought light to the issue of same-sex marriage. A country that fights for equality in every corner of the world was oppressing its own citizens and denying them marriage equality, a right that was promised to them under the law of the

Read More

Loving Vs Virginia Case Study

1141 Words | 5 Pages

Maynard v. Hill was used to argue that while marriage is under the social jurisdiction of State police this is not so when the regulation goes against that of the U.S. Constitution (Loving v. Virginia). The prosecution attempted to state that this case was not applicable due to the fourteenth amendment excluding marriage from its limitations but the Supreme Court refuted this notion (U.S. Supreme Court, 2014). Lastly, the ruling of Pace v. Alabama, which established

Read More

Clarence Gideon Case Essay

968 Words | 4 Pages

The new precedent used the Fourteenth Amendment, which guarantees equal protection to all Americans regardless of state laws, to expand the right to counsel for all Americans. The Sixth Amendment guarantees the right to counsel at the federal level, but this new precedent applied to the state level. The Supreme Court decision was clearly uncontroversial because it was an unanimous decision: 9-0 majority (Oyez). All the Justices believed the Constitution placed a high importance on the right to a proper defense for the accused, as stated in the Sixth Amendment, and that it was unconstitutional for a court to deny proper defense for anyone charged. “The Constitution guarantees the right to counsel as a protection of due process” (Oyez), which does not limit due process just to those who can afford it, but rather all

Read More

Fifth Amendment Vs Doma Research Paper

169 Words | 1 Pages

: Per KENNEDY. In a 5-4 opinion the court held that Section 3 of the Defense of Marriage Act is unconstitutional under the Due Process Clause of the Fifth Amendment. Justice Kennedy stated “DOMA seeks to injure the very class New York seeks to protect. DOMA violates basic due process and equal protection principles applicable to the Federal Government. The Constitution’s guarantee of equality must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot justify disparate treatment of that group.”

Read More

Lawrence Vs Texas Essay

1269 Words | 6 Pages

Texas was a success not only for the convicted John Lawrence and Tyron Garner but a success for the entirety of the LGBT community. The reason for this is because I believe it laid the foundation for other changes and ordinances set in place by the United States government to insure more freedom to individuals who identify as something other than heterosexual, such as same sex marriage. In terms of the verdict I believe the Supreme Court rightfully defended the rights of the people by ensuring that their freedoms could not be removed from them based on something as sexuality. However there were some issues with the case that I would like to identify that should have been touched upon when this occurred. First is that when the police enter Lawrence’s apartment they did not in fact have a search warrant, which is needed to enter the home.

Read More

Supreme Courts Dbq

1112 Words | 5 Pages

I believe this particular decision was one made in haste and based solely on political preference rather than based on having a fair and impartial electoral process that would benefit society rather than the justices. The Supreme Court stepped in and decided the election for the voters, which was an

Read More

Elonis Vs United States

1600 Words | 7 Pages

Of the nine judges, all except Clarence Thomas made remarks and made inquiries, giving signs as to their positions on the Constitution and the fate of same-sex marriage. In ringing dialect, Justice Anthony Kennedy said same-sex couples regard marriage and "request rise to respect in the eye of the law." That right, he said, is granted by the Constitution. They came to the conclusion that the majority held that state same-sex marriage bans are a violation of both the Fourteenth Amendment Due Process Clause and Equal Protection

Read More

Amendment 2 Argumentative Essay

297 Words | 2 Pages

Holding Yes, Amendment 2 prevents protects for homosexuals or bisexuals was struck down because it was not rationally related to a legitimate state interest. Rule Of Law Supreme Court ruling made it clear that lesbians, gay men and bisexuals have the same rights

Read More

Supreme Court Case Essay

537 Words | 3 Pages

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

Read More

The Supreme Court Case Of Michael H. V. Gerald D.

820 Words | 4 Pages

The decision that the Supreme Court should have made was to give the right to Michael H. to gain paternity over his daughter. Gerald D. and his wife Carole had a daughter, or so he thought. Carole had a secret which was an affair with a man by the name of Michael H. Gerald’s name was on the birth certificate, however, the blood tests taken claimed that Michael was the father. Michael argued to the Court that he has the right to be in his daughter’s life no matter the circumstances. Gerald argued to the Court that a child born into a marriage is considered correct and traditional.

Read More

More about Supreme Court Case Analysis

Related Topics

Open Document