Culture War and Supreme Court

By Chinma Omogah

What is Culture War

A culture war is the disagreement and conflict between societies with different ideas, philosophies, beliefs, and behaviors. In America the culture war between the left (liberal and progressive)and right wing (conservative and traditional). The culture war challenges issues associated with religion, sexuality, birth control, etc. in the government most of the politicians lean to the right or Republicans. This leads to many rules laws and regulations to also lean right even though we have a democratic president. Now the people who are Democrat it or the left are going to be angry at the government. Even if the role switched everybody was still be angry and disagree with each other. Unless we conform to one ideology or if everybody becomes understanding and tries to compromise with each other's views (which won't happen) the culture War will continue.

Cultural war: Court Cases

Van Ordan v. Perry

Outside of the Texas capital building is a site that contains 17 monuments. Each monument represents something in connection with Texas’s history. One of those statutes is one the Ten Commandments. This display is controversial because this area is supposed to be reserved for monuments that relate to the history of Texas. In this case it is being argued that this statue is violating the Establishment Clause of the first amendment. John Paul Stevens commented saying that the monument "has no purported connection to God's role in the formation of Texas or the founding of our Nation". But in final ruling It was stated that the monument was constitutional and that it represented historical value and not purely religious value.

But if this were to be a different monument from a different religion the court case may have not ended the same way. Although supposedly neutral the supreme court of justice could be swaying towards Christianity. This would go again the separation of religion and government.

McCullen v Coakley

In it's attempt to stop abortion protests Massachusetts has it made it a law for speakers to stay at least 35 feet away from abortion clinics. Protesters have made the argument that it goes against their right to the first amendment which is freedom of speech. The court of Justice also unanimous agreed with their arguement. They too found that Massachusetts's law was unconstitutional.The ruling will make it difficult for other states to justify laws that establish buffer zones for abortion clinics.

This case is more than about their rights being taken away, it's really about the issue of abortion. Birth control has become a trending topic in and has become more involved in politics. Some conservatives would say abortion should be illegal in that it's morally wrong. And some others would say that it's their body and that they should be able to do what ever they please with it.

Burwell v. Hobby Lobby

Hobby lobby an art and crafts store refuses to provide their employees contraception coverage (birth control) on the principle that it's against their religion. CEO Anthony Hahn said, "Americans don't have to surrender their freedom when they open a family business." He is referring to our freedom of speech which is protected on the 1st amendment.

The Supreme Court ruled that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom. This could lead to further influence on religious and abortion based court cases and laws.

United States v. Virginia

The Virginia military Institute have made it but they only admit male applicants. Arguments have been made against them mainly by women (feminists) who say that they are violating the fourteenth amendment, "The equal protection of the laws". The state of Virginia had proposed a parallel program for women, called the Virginia Women's Institute for Leadership (VWIL), a private liberal arts women's college. The issue that occurred with this was that this institution did not offer the same oppuntites that the men only Virginia military insistition did. In a 7-1 decision (Justice Clarence Thomas, whose son was enrolled at VMI at the time, recused himself from the case.) Supreme Court of the United States struck down the Virginia Military Institute gender bias law.

Following the ruling, VMI contemplated going private to exempt itself from the 14th Amendment, and thus this ruling. The Department of Defense warned the school that it would withdraw all ROTC (reserve officers training corps) programs from the school if this privatization took place.

Possible Justices of Supreme Court to Retire

What would happen...

For multiple years liberal and democrats have tried to get Ginsburg and Stephen Breyer, who both lean to the left, to step down to ensure that Obama could nominate someone who would have similar views as them. Ginsburg has yet to retire because she feels that there isn't some one that share similar views that could currently replace her.

A problem that comes along with Ginsberg current decision is that if a republican wins the 2016 election and Ginsberg or anybody else that leans to the left were to left the supreme court would become more conservative. That means decisions such as abortion, gays rights and religious freedom would start to lean more to the right than it already is.