Culture War and The Supreme Court

Kimberly Anderson 2nd

Roe vs Wade

The Issue: Dallas Area resident Jane Doe claimed that a Texas Law which banned all abortions except those necessary to save the life of a mother violated her constitutional rights. Roe wasn't in any danger, but she believed that she had the right to abort her child wherever she pleased.

The Rights Involved: The freedom of choice, woman's rights, constitutional rights.

Impact: After filing a lawsuit against Henry Wade, Dallas District Attorney, Doe won and the Texas Federal Court ruled that the banding of abortion was unconstitutional.

Historical Significants: Ever since this court case, woman have been given the chance to abort their child freely in the state of Texas.

Lawrence vs Texas

The Issue: John Lawrence and Tyron Garner were arrested and jailed overnight after officers found them having sex, saying that they violated the Texas "Homosexual Conduct" law.

The Rights Involved: Homosexuality rights, rights of liberty, rights of privacy.

Impact: Lambda Legal fought for years to overturn the criminal convictions and to have the Texas law declared unconstitutional. After uncooperation from the Texas courts, they went to the US Supreme Court and they ruled the "Homosexual Conduct" law to be unconstitutional.

Historical Significants: Even though homosexuals aren't treated as equally, they are now allowed to express their relationships in public without harassment from the law.

Santa Fe Independent School District vs Doe

The Issue: A student elected at Santa Fe High School is told to deliver a prayer over the public before every home varsity game. One mormon and catholic family filed a suit challenging this practice saying that it violates the establishment clause.

The Rights Involved: The Establishment Clause, Separation of Church and State.

Impact: The court ruled that a pre game prayer does in fact violate the Establishment Clause even though the prayer technically didn't come from a government official because it came from a student.

Historical Significants: Several cases like this have emerged throughout history further emphasizing how preaching religion in public school settings is against the Constitution.

United States vs Virginia

The Issue: The Virginia Military Institution was the only institution left in the US with a male only bias. The US decided to sue because they believed that the VMI was in direct violation of the Constitution.

The Rights Involved: The rights of gender equality, the rights of equality in general.

Impact: VMI tried to offer a compromise by saying they would set up an all woman parallel program in another location, but it was shot down and the court decision was that the VMI was in fact in violation of the constitution.

Historical Significants: This court case mainly has to do with equality of gender, so now their is more of a balance in big businesses and corporations of men and woman.

The Supreme Court Vacancies

To be a Supreme Court Vacancy is to be someone who is retiring from the Supreme Court. The two people that I believe will be Supreme Court Vacancies will be Ruth Bader Ginsburg and Antonin Scalia. Ginsburg is 81 years of age and Scalia is 78 years of age. They are both expected to retire because of age and pressure from the younger generation. This will impact the 2016 election because it will play a crucial role as the majority party has effective veto power over any nominee.

Conclusion of the Culture Wars

The Culture Wars is a combination if issues such as gay rights, abortion, religion, and so many other things that create conflict within our nation. It would be a miracle to see the Culture Wars come to an end, but the nation is filled with so many opinionated people and controversial issues that it would be very unexpected to see them end anytime soon.