The US Supreme Court said on May 17 that it would consider Mississippi law prohibiting almost all abortions after 15 weeks of gestation. The state is one of several states that have passed abortion restrictions that conflict with the Supreme Court’s decision in the 1973 Roe v. Wade case, allowing women to seek abortion before the fetal survival.
“In an uninterrupted line dating back to the Roe v. Wade case, the Supreme Court’s abortion case established (and confirmed and reaffirmed) the right of women to choose an abortion before it became feasible.” Judge Patrick Higginbosam Written in the United States Court of Appeals “The state can regulate abortion procedures before they become viable, but cannot ban abortion, unless it imposes an undue burden on women’s rights.” The Washington Post reported..
But Roe. v. Wade is not the only Supreme Court ruling that affects families. Live Science delves into historic family decisions such as marriage, contraception, family mental illness, police searches for warrantless homes, and right-to-die proceedings. This shows the Supreme Court’s decision that changed the lives of American families.
Griswold vs. Connecticut (1965)
Estelle Griswold and C. Lee Buxton were directors of the Planned Parenthood Center in New Haven, Connecticut, in 1961 when they were arrested as an accessory to the crime of providing contraceptives.
The law permitting their arrest dates back to the Federal Comstock Act of 1873, which prohibited the mailing or distribution of explicit material containing information on contraceptives.
Griswold and Baxton have appealed their convictions, and in 1965 the Supreme Court ruled that Connecticut’s law “infringes the couple’s right to privacy within the penumbra of certain guarantees of the Bill of Rights.” Unmarried women have gained access to contraception in all states after another Eisenstadt v. Baird ruling in 1972.
However, more than 40 years later, the controversy over contraception continues.
Gloria Brown Marshall, an associate professor of constitution at John Jay College in New York City and author of the book Race, Law, and American Society, said: : From 1607 to the present “(Taylor & Francis, 2007).
The administration also Emergency contraception plan BIt can prevent pregnancy after unprotected sex and is available to teens under the age of 17 without a prescription. But earlier this month it stopped fighting.
Loving v. Virginia (1967)
In the summer of 1958, the newlyweds Mildred and Richard Rubbing faced the choice of spending a year in prison or asylum from Virginia for 25 years. The couple legally married in Washington, DC, but Judge Leone M. Bazir ruled that their new marriage was a crime that violated Virginia law prohibiting miscegenation. Interracial marriageBecause Mildred, who was 17 at the time, was black and Native American, and Richard, 23, was white.
In issuing the ruling, Basir wrote: “The Almighty God created the white, black, yellow, Malay, and red races and placed them on separate continents. The fact that he separated the races was that he did not intend them. Shows. Mix. “
Lovers chose to live in exile until they and the American Civil Liberties Union challenged the constitutionality of Virginia law in 1964.
“It was a big turning point after the Brown v. Board of Education in 1954. Many states have abolished the Miscegenation Prevention Act … and some have not.” Gloria Brown Marshall said.
The Supreme Court ruled in favor of affection, thereby overriding the existing anti-miscegenation legislation in 16 states.
“I don’t think there was a big backlash against that decision,” said Daniel Feldman, an associate professor at John Jay College. However, the lack of repulsion did not mean automatic public support. A 1968 Gallup survey showed that 73% of Americans were against interracial marriage. Opposition fell to 42% in 1991 and 17% by 2007.
Today, “most discussions … used rubbing vs. Virginia as the central argument to abolish DOMA and Proposal 8,” Brown Marshall said.
Philips v. Martin Marietta Corporation (1971)
The Civil Rights Act of 1964 prohibited employment discrimination by gender, but many companies at the time had a rough interpretation of the law.The newspaper still listed separate classified ads for men and women in 1970
When Ida Phillips applied for a job as an aircraft assembler in 1966, Martin Marietta Corp. said she wouldn’t consider her because she had a preschool child.The Supreme Court ruled against Martin Marietta, but to see if the company could find sufficient evidence that a woman with a young child could not act in that position. I sent the case back for a retrial Men with small children..
In his decision, Judge Thurgood Marshall said, “In this case, the issue is not in front of us, so the court found that the ancient canards discriminate against the proper role of women.”
Nevertheless, Philips vs. Martin Marietta Corporation laid the foundation for future events based on sexual stereotypes.
Wisconsin vs. Yoda (1972)
Religious freedom and the importance of education were directly confronted in the 1972 Wisconsin-Yoda case.
Wisconsin law requires minors to stay in school until the age of 16. However, all members of the Amish community, Adin Yutzy, Jonas Yoder, and Wallace Miller, separated their children from school at the ages of 14 and 16. Pennsylvania has compromised with the Amish community by establishing a part-time vocational school run by Amish teachers.
However, Wisconsin charged his family with a fine of $ 5 each.The Supreme Court ruled in favor of families who alleged that the conviction violated their first and fourteen.th Correction right.
Roe v. Wade (1973)
Jane Roe is the pseudonym of a woman who filed a class action proceeding against Henry Wade, a district attorney in Texas, in 1970. Roe was pregnant, unmarried, and refused to have an abortion at the time.
In 1973, the Supreme Court found that the right to privacy allows women to legally seek abortion without state intervention, as shown in the Bill of Rights. However, the court granted the state the right to regulate abortion after the first trimester and, in some cases, post-mortem abortion, which is often considered to be 20 to 23 weeks gestation.
Forty years later, the state still passes a new abortion law.Guttmacher Institute has counted 43 new states Provisions to limit abortion year 2012. In 2011 there were more than 90 new regulations.
Legal abortions after the Roe v. Wade peaked in 1980 when 1.6 million people were involved, but the numbers are declining. In 2008, there were 1.21 million abortions in the United States.
Roe finally came forward as Norma McCorvey. By the time the 1973 decision was made, she had given up her baby because of adoption.
McCorby, who worked at an abortion clinic a few years after the ruling, said he regretted his role in the Roe v. Wade case and became an advocate against abortion. She lived with her lesbian partner for decades before converting to Catholicism.
O’Connor vs. Donaldson (1975)
Kenneth Donaldson was admitted to the Florida State Mental Hospital in 1957 at the request of his father, who said he was suffering from delusions. Donaldson stayed there for nearly 15 years, contrary to his will, despite evidence that he was not violent and was able to live outside the hospital.
The Supreme Court ruled that the hospital infringed Donaldson’s rights under 14.th Fixed. It says, “In short, the state cannot be constitutionally restricted without further. [evidence]A non-dangerous individual who can survive freely and safely on his own or with the help of voluntary and responsible family and friends. “
This decision was protected from the nightmare scenario of a moderately sane person trapped in a mental hospital indefinitely. However, some mental health advocates say that the interpretation of the case made it difficult for their families to help their loved ones. [5 Controversial Mental Health Treatments]
The National Alliance of Mental Illness Family Alliance’s policy on involuntary hospitalization is “Proof of danger because individuals are allowed to deteriorate unnecessarily before involuntary hospitalization and / or court-ordered treatment begins. Current interpretations of laws that require are often inadequate results. “
Cruzan v. Missouri Health Director (1990)
The case of Nancy Cruzin was an early case of the right to die controversy. Cruzan was 25 years old when he suffered a persistent vegetative disorder in a car accident.
Her parents fought to save her and remove the feeding tube, but were denied by a Missouri court. In a 5-4 decision, the Supreme Court ruled in favor of the state’s right to demand evidence of the incompetent’s wishes before removing the life support system.
The court said, “It is assumed that a competent person has a constitutionally protected right to refuse life-saving hydration and nutrition. This means that an incompetent person cannot be informed and Voluntary choice to exercise that fictitious or other right. “
Despite the ruling, Kurzan was granted the right to remove the feeding tube six months later. Nancy Cruzin died at the age of 33, eight years after the car accident.
Georgia vs. Randolph (2006)
Article 4 of the Constitutional Amendment requires police to obtain permission from a person before searching a house without a warrant. However, in 2005, the Supreme Court faced a situation where one person at home said “yes” and another said “no.”
Janet Randolph called the police complaining that her divorced husband, Scott Randolph, had taken his son. After police arrived, Janet Randolph accused her husband of using cocaine and gave police permission to search their home. However, Scott Randolph categorically refused.
The Supreme Court ruled in favor of Scott Randolph in 2006, stating that “therefore, the in dispute invitation cannot claim the rationality of entry more than if the officers lacked consent.” Did.
Originally published in Live Science.
8 Supreme Court ruling that changed the family in the United States
Source link 8 Supreme Court ruling that changed the family in the United States