LS 308 Unit 7 Assignment

Unit Seven Assignment

 

LS 308

INTRODUCTION

Throughout the history of this nation, there have been countless cases of laws being implemented that create some form of inequality for a certain group of people. Whether it be based on gender or race, the impact of such laws has been ever present in American society. Even in today’s times there remain some groups that, per say have not been impacted by laws created, but rather the lack of laws that help protect them and their choices. To be discussed in this assignment is two laws that have promoted inequality, changes that rectified these laws, and how multiculturalism has played a role.

LAWS

There was most certainly no shortage of laws and precedence to research and discuss on this topic. The first of these that will be discussed is the precedence set by the decision in the case of Plessy v Ferguson (1896) This case was based on Homer Plessy refusing to sit in the blacks only car on a train. (Westlaw.com, 2019) In this landmark decision by the Supreme Court, which was nearly unanimous, it was held that segregation under the doctrine of “separate-but-equal” was Constitutional. (Barkan, 2009) While the Supreme Court stated that segregation was legal and that the places that were deemed for African-Americans were to be equal, this was not the case, as often those made for this group were inferior. But, the biggest impact this holding produced was that repressive laws, such as the Jim Crow laws, were deemed to be legal, thus causing more discrimination and social injustice for those of the African-American race.

The second law that created inequality was a state law that had been implemented in several states, that being the banning of gay marriage. For example, the state of Georgia, in 2004, legislatively banned the union of same-sex marriage through the means of voting. (Georgia Definition of Marriage, Amendment 1, 2004) This law and those that are similar created inequality among the gays and lesbians, as they could not be legally recognized as having marital status with their partners. Not being able to have this status had some repercussions associated with it. First, from a social point of view, it prevented those involved from essentially saying that they were married, as legally it was not allowed. The second impact these laws had were from a legal perspective, as married couples enjoy more rights than those that are not legally married, especially regarding taxes. (Heinig, 2019) Another impact that could be considered is the effect these kinds of laws have on a person’s morals and value. A potential thought that could arise in the mind of homosexual male or female is that of a doubtful nature. For example, they may think to themselves, should they change to fit society norms that are enforced by law, which leads to one questioning their own values.

CHANGES IN LAW

Luckily, also throughout the history of this nation, society and its views have changed as well. These changes have helped led to changes in these laws, with at least the two that were before mentioned being overruled completely. In the case of the holding rendered in the Plessy, that it was legal to segregate if it was equal, this was overturned by the ruling of the landmark case Brown v Board of Education (1954) In this case, African-American parents sought allowance for their children to attend white only schools, as they were much better facilities with better education. The Justices of the Supreme Court decided that the precedent set by Plessy, was unconstitutional based on the Fourteenth Amendment’s Equal Protection Clause. (Westlaw.com, 2019) This decision was because facilities for the use of blacks only, specifically educational institutes, were inherently unequal. On several occurrences during the opinion, penned by Justice Warren, he referenced that society has changed dramatically since the decision in the Plessy case and that these changes helped influence their choice. The impact of this decision was the foundation of what eventually became the Civil Rights Movement and led to several other changes in law, such as the Civil Rights Act, that made it illegal to discriminate based on race.

Since the second law discussed, about gay marriage, was only a state law and there were no federal laws about this subject, it fell onto the shoulders on the justices in the Supreme Court. All these laws that did not recognize same sex marriage as legal fell with the decision this court made in the case of Obergefell v Hodges (2015) This case was based on groups of same-sex couples suing their states, on their rights under the Fourteenth Amendment, to recognize their marriage as legal. (Westlaw.com, 2019) The holding in this case, based again on the Fourteenth Amendment, was that same-sex couples have the right to be married and that states have the responsibility of legalizing their marriages. This decision has helped change the way same-sex couples can show their love for each other and gave them some assurance that they do matter in society.

MULTICULTURALISM

Multiculturalism is defined as a “system that integrates several key actions that help people and society as a whole have a better understanding of those who practice different cultures.” (Rosado, 1996) Without this key term, none of the changes that have been implemented would have occurred. This is because without the understanding that individuals are different based on certain factors, one would only consider themselves and their views. Some of the actions that Rosado (1996) mentions include: recognition, respect, value, and enabling. While these actions, combined with each other, play a significant role in understanding multiculturalism, they each have their own characteristics. For example, recognition is defined as recognizing that different cultures exist but does not automatically equate to one respecting those cultures. (Rosado, 1996) But to respect another’s culture, recognition must be made, along with the understanding that even though a different culture is practiced, that person is as human as you are. This is why the golden rule of “doing unto others as you have them do unto you” exist.

References

Barkan, S. (2009) Law and Society: An Introduction. Retrieved from https://purdueuniversityglobal.vitalsource.com/#/books/9781269325561/cfi/6/22!/4/2@0:0

Brown v. Board of Education, 347 U.S. 483 (1954) Retrieved from Westlaw.com

Georgia Definition of Marriage, Amendment 1 (2004) Retrieved from https://ballotpedia.org/Georgia_Definition_of_Marriage,_Amendment_1_(2004)

Heinig, M. (n.d.) Tax Issues for Unmarried Couples. Retrieved from https://www.nolo.com/legal-encyclopedia/free-books/living-together-book/chapter4-6.html

Obergefell v. Hodges, 135 S.Ct. 2584 (2015) Retrieved from Westlaw.com

Plessy v. Ferguson, 163 U.S. 537 (1896) Retrieved from Westlaw.com

Rosado, C. (1996) Toward a Definition of Multiculturalism. Retrieved from https://kapextmediassl-a.akamaihd.net/legal/LS308/Toward%20a%20Definition%20of%20Multiculturalism.pdf

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