Culture War & Supreme Court
By: Talha Zubair
Epperson V. Arkansas
Susan Epperson, a biology teacher at Little Rock High School was seeking nullification of the Arkansas statute, which prohibited the teaching Evalution. She was fired from her teaching duty for violation the law by teaching Evalution. She then filed the lawsuit in 1968 in Chancery Court Pulaski county.
The rights Involved:
Prohibiting the teaching of Evolution violates the Establishment Clause of the first Amendment to United States constitution which guarantees citizen freedom of religion and speech without any interference from the state.
The Supreme Court unanimously ruled that Arkansas Statute, that prohibited the teaching of Evolution, is unconstitutional because it violates the first Amendment. Therefore, Pubic school are allowed to teach Evolution in USA. The court also said that prohibiting the teaching of Evolution is protecting a particular religious view, which is also unconstitutional in public schools.
The historical significance of Epperson V. Arkansas case is that, the government should not favor one religion over another because of the first Amendment.
United States V. Windsor
The right Involved:
Treating homosexual marriage differently then the normal marriages, violates Due Process Clause of fifth Amendment which protects unfair treatment to the legal matters.
In a 5-4 Supreme Court decision, Section 3 of the Defense act if Marriage, was found unconstitutional. Both marriages equal protection from the law and one was not favored by the government.
Gay marriage couples are eligible for estate tax exemption and are treated just like normal marriage under law.
Roe V. Wade
Roe argued that all women should have the right to get an abortion. Laws restricting abortion are unconstitutional.
The Rights Involve:
Laws that restrict abortion violates the right to privacy and the concept of personal Liberty under due process of 14th Amendment.
In a 7-2 ruling, the Supreme Court ruled that no laws made by state should be able to restrict abortion because it violates the due process of 14th Amendment and therefore it's unconstitutional.
The historical significance of this case is that government cannot restrict a woman from getting an abortion. If a woman gets pregnant without planning and if she thinks that she is not ready for a child or if she cannot afford one, no laws can restrict her from getting abortion.
Philips V. Martin Marietta Corp.
Martin Marietta Corporation had a policy which would not allow them to hire a woman with a child or children in pre-school or younger. Philips applied for job but she was denied because if this policy. She filed a Lawsuit against discrimotory and said this was unconstitutional.
The Rights Involve:
By not hiring women with pre-school child but hiring men with same situation, Martin Marietta had violated Title VII of the Civil Rights Act of 1964. This act say a corporation cannot deny an applicant with qualifications because of their sex.
The court ruled that it is unlawful under Civil Rights Act of 1964 to discriminate man and woman when hiring the employe. If a man and a woman have same qualifications, had should be equals no matter what.
This was the first sex discrimination case under Title VII to reach the Supreme Court. This was the first step in women being equal to men.