Prohibit gay couples from obtaining a marriage license Research Paper

Prohibit gay couples from obtaining a marriage license - Research Paper Example The Equal Protection Clause, which forms part of the 14th amendment, prohibits the states from making a legislation that can deny the citizens equal protection under the law (Newton 34). The 14th amendment only mentions the state governments but not the federal government. In this case, the Defense of Marriage Act of 1996 cannot gay couples the right to marriage in the society. Accordingly, the 1996 Defense of Marriage act has not conclusively denied the states the right to grant gay marriage license since it only grants the states the right to not recognize gay marriages performed n other states. In addition, the Defense of Marriage Act1996 legally implied that States has the option of recognizing same-sex marriage. In Massachusetts Supreme Court decision of 2004, the jurists adhered with the equal protection clause since banning gay marriages denied the citizens the right to benefit from various federal government programs and right to be treated equally in the society regardless o f the sexual orientation. Jurist activists have observed that equal protection clause of the 14th amendment desired to protect some groups from subordination and thus sexual orientation should be strictly safeguarded (Cahill 165). Strict constructionist jurists oppose the making on laws on the bench since they prefer a conservative approach when issuing judgments on gay marriages. Strict constructionist jurists are of the view that law-making duties should be left to the executive and legislators and judges should never make judicial decisions under the influence of their personal political or policy agenda (Newton 78). The jurists are bound by the ‘original intent’ of the applicable law and exercise judicial restrain in controversial public agendas such as legalization of gay marriages and granting of gay couples a license. These jurists are opposed to the idea of states granting marriage license to gay couples. They argue that the Defense of Marriage Act of 1996 is th e underlying law that guides marriages in the constitution. The jurists would argue that the Act prevents the federal government from recognizing any gay marriages. Accordingly, the jurists strictly observe the Act since the States are protected from recognizing gay marriages that have been executed in other states (Cahill 67). Accordingly, the Act conclusively defines marriage as the union between a man and a woman and does not mention the possibility of any gay unions. Strict constructionist jurists argue that Supreme Court of Minnesota in the case of Baker v. Nelson (1971) clarified that any marriage occurs between a man and a woman and entails the possibility of procreation and support of children. In addition, the opponents of gay marriage license argue that marriage is not a right like the right to life or fair trial since it is a privilege and only heterosexual marriages can procreate and serve the purpose of the society (Cahill 265). Although the US is a secular society, a m ajority of the individuals identify with a particular religion such as Christianity, Islam or even Baptism. All the religions claim that marriage is sacred and involves the union of a man and woman with the aim of procreation (Merin 87). According to strict construction

Fairness Essay Example | Topics and Well Written Essays - 3250 words

Fairness - Essay Example In order to deal with aforementioned workplace issues, the government policy-makers have been focusing on greater regulation of employment practices through effective implementation of existing federal, state and local laws. In simple words, regulation is an attempt to enhance the bargaining power of employees who, in most cases, are the victims of unfair practices of employers (the dominant party). For instance, if workplace laws are not correctly implemented then the dominant party (either employees or workers) may create disciplinary issues, thereby leading to workplace unfairness. However, if laws are not followed then the guilty party has to bear adverse consequences in the form of suits and claims for damages. HR managers also have significant importance because today they are viewed as employee advocates and strategic partners. Therefore, HR managers communicate with strategic planners to comply with workplace legislations for greater workplace fairness that reduces absenteeis m, conflicts and turnover rates; while leading to greater organisational harmony, cost efficiency and business growth. Law-makers could make legislations fool-proof through eradication on any shortcomings, could enhance workplace fairness through audits (visits for check and balance), through surveys and interviews with employees, and through evaluation of employers’ practices. 1. Background / Introduction Today, we are living in a globalised world which is highly competitive and challenging for employers and employees. The growth of media, developments and advancements in information technology followed by improvements in communication networks have forced the companies to change their business strategies and to focus more on product development, market development and diversification in addition to orthodox market penetration policy / strategy / tactic. Without any doubt, the emergence of mass media has greatly affected / influenced the attitudes, perceptions, behaviours, b eliefs and lifestyles of people all across the globe, thereby compelling the people (who are also potential customers of business enterprises) to consider themselves a part of this globalised world. The entrance of new enterprises in corporate arena has intensified the competition among firms; hence every entity is more focused towards cost leadership so that it could ensure business survival and expansion. For instance, the companies also face financial burden because they are morally and ethically obliged to offer workplace benefits followed by provision of safe and healthy working conditions. In addition, the companies have also been found discriminating against potential workers on the basis of gender, race, ethnicity, age, language disability and colour. Therefore, the evident violations of employee moral and ethical rights have compelled government authorities to formulate and implement workplace laws, rules and regulations as an attempt towards assuring workplace fairness. Su ch laws include â€Å"