Argumentative Essay: A Warped View Of Religious Freedom

Improved Essays
The states’ right position is the division of both federal and state government grant in power that is hold by the constitution. Although the federal government holds nationalist position, the reservation clause allows the state (or the people) jurisdiction nor denial upon legislation, limiting full power to the national government upon them. This power is only effective within each state and if attempted in making a law national, it may be brought by nullification. In the time of need, the federal government has the elastic clause, granting them authority to create laws that are necessary for the well-being of the country, meeting the satisfactory of the constitution. Fortunately, state and national governments maintain a dual federalism, …show more content…
As the title proposes, it describes the view of religious freedom and how people and state governments use their religious beliefs in demeaning the value of gay marriage. Congressional republicans were working together to activate a bill called the First Amendment Defense Act, preventing federal government in taking discriminatory action from denying tax benefits, contracts, and grants to same-sex couples based on religious decision. This is a reaction upon legalizing on same-sex marriage and rather unfortunate since national government will not have any power and granting states the right to discriminate the gay community from religious freedom protected under the first amendment. Since similar bills have been passed in states such as Arkansas and Indiana (and are protected), the chance of the bill passing nationally is low and will probably be vetoed by the president even if it passes congress. This is an example of nullification as this bill is to be legislated throughout the United States. As marriage equality is still a main struggle in America, we will continue to work towards justification, finding agreement with legislations between states’ right and federal government action as it is part of civil

Related Documents

  • Improved Essays

    According to the Challenge of Democracy, “a rigid wall separates the nation and the states. After all the states created the nation, by implication they can set limits on the activites of the national government” (Challenge of Democracy).From the state’s perspective, this line represents a protection of sorts against federal government intrusion into their space and power. This concept of state power is also often referred to as state’s rights. On the otherhand, cooperative federalism blurs the distinction between national and state powers.…

    • 502 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    History Of Dual Federalism

    • 1288 Words
    • 5 Pages

    Later, the Constitution helped it regain its strength by establishing the principles necessaries to control the relationship between the national government and the states: federalism, the separation of powers, the checks and balances system to maintain control over their rulers, the Electoral College and the Bill of Rights. Therefore, while checks and balances, and the separation of powers control the federal government, the Electoral College and the Bill of rights limit the states’ governments as well. In short, all states are submitted to the decisions of the Supreme Court and to the National Constitution; however, the Federal Government cannot interfere with state laws as long as they comply with what is establish in the Bill of Rights. The most recent case of Federal intervention on a previous state matter was seen this year with the ruling of same-sex marriage legal on all states.…

    • 1288 Words
    • 5 Pages
    Great Essays
  • Improved Essays

    Religious Freedom Social-issue Damon Fowler, a juvenile protestant against religious activities, expressed his perspective of religious affairs before an upcoming graduation ceremony. Thus, his acts to stop the forthcoming religious practice that would have occurred during the ceremony took place, and the religious prayer was cancelled. Therefore, the aftermath of the high school student opposition did not cease with only the religious intervention. The complaint that was reported by the student, was also followed by an individual leaking his name as the one behind the complaint. As result, Damon Fowler has been publicly demeaned by teachers and other students, physically threatened which also involved death threats, and was ostracized from…

    • 948 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    The majority takes care of itself.” Although it may not seem like it, there are members of the government who realize that this right should give equal protection for all, and thus members of the House of Representatives have proposed the First Amendment Defense Act. In the midst of the Supreme Court decision to legalize gay marriage on a federal level, conflict has risen between religious institutes and members of the LGBT community which the members of the House of Representatives has acknowledged,…

    • 1179 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Gay marriage is an issue that is similar to nearly every controversial issue in America History. Most conscientious social issues in America life begin with a large majority of traditionalists pushing back, then some dramatic event event will usually occur, following that public opinion will slowly start to even out, and eventually past actions/ideas will be seen as prejudiced. It's like America collectively goes through the stages of grief before we see social justice: Denial, a lot of anger, barraging, sadness, and then finally acceptance. Along with million of Americans who felt similarly, we saw denial in Senator Jesse Helms by saying that homosexuals were morally wrenched, and believing that homosexuality was a choice. Collectively, we saw the anger in families across the country disowning their children; similarly there was anger in the viscous murder of Matthew Shepard.…

    • 263 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Overview The Religious Freedom Restoration Act is a bill that was signed by Bill Clinton 1993 (Breitbart 2015). There are twenty-one states that currently use this bill: Alabama, Arizona, Arkansas, Connecticut, Florida, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, and Virginia (State Religious Freedom 2015). Indiana and Arkansas are the most current of the listed states that have signed the bill. This is an important issue in policy because so many individuals are for it, and so many individuals are against this law.…

    • 1721 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    You might have heard of “The War Between the States,” a name for the Civil War some Southerners use instead of the more antiquated “War of Northern Aggression”. The fight over whether or not to legalize same-sex marriage is a different kind of war between the states. This fight is between the states and the national government over who should have the authority to decide if same sex marriages are allowed or banned. When our founding fathers decided to make federalism a founding principle of American government, it was a radical notion. No real historical example of this could be found, and our founding fathers liked to cite historical evidence for nearly all of their decisions.…

    • 718 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    In today 's society there is a varied view over the rights that women are entitled to as well as the right to marriage equality. In the May 25, 2015 edition of the New Yorker, Harvard history professor and author, Jill Lepore writes "To Have and to Hold" (34-39). Lepore discussed these issues that have become extremely controversial and have, recently, caused many problems. This is due to the fact that many citizens have held these rights withheld from them, and in multiple cases it has proven detrimental to health of many.…

    • 1581 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    Diversity Experience June 2015, the United States Supreme Court made same-sex marriages legal in all 50 states. People across the Nation are divided on this issue. I found myself feeling indifferent on the Supreme Court’s decision. I know I would never want to marry a person of the same sex, so the decision by the Supreme Court had no effect on me personally. Some religions are against same-sex marriages, and consider homosexuality as a sin and immoral.…

    • 1040 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Life, liberty, and the pursuit of happiness are rights that are said to be guaranteed to all Americans, yet when it benefits some they choose to believe that it best not be given to everyone. Yes, people in America have the right to express their own religious beliefs based on the first amendment of the constitution, yet there is no religious right nor constitutional right that directly states that a person has the right to discriminate against another because the two beliefs or life styles clash. Religious freedoms are contradictory due to several factors. The first factor including the fact that everyone is entitled to the pursuit of happiness, even if that means being a part of the LGBTQ community or expressing a religion freely, another factor includes the idea that just because a person…

    • 1367 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Christians living in America today are often told about how depraved society can be, and how the world is falling apart. Some remain lukewarm and apathetic while others do their part to try and improve the world. Still others have become bitter towards secularism, believing that the problems in this country stem from a lack of institutional religiosity. Many of these people proclaim that America would be a better place if only schools led prayer and taught the creation story. Yet these people seem to ignore the how it has been proven time and time again that religion and government never mix well, and in the case of the United States they have never really mixed that much at all.…

    • 1648 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The American culture is rapidly changing and so is the moral code. The government is able to make changes to the laws to accommodate the people. For example, Baker and McConnell sued Nelson for denying marriage application because the Minnesota law on marriage doesn’t mention anything of gender (“Same-Sex Couple”, 2008). Before gay marriage was legal there was no mention of gender on the law of marriage. For this reason, legalizing gay marriage should not have been an argument.…

    • 1916 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    There is another law that was passed six months after it was ruled that banning same sex couples was unconstitutional, and it was called Proposition 8. Same sex couples are trying to get “the justices to strike down California's Proposition 8, which banned gay marriage in the state just six months after a court ruled that preventing gays and lesbians from marrying was unconstitutional” (Jost). These laws cause a constant race to create and destroy laws; that deal with the ability for same sex couples to get married and for the people who believe that same sex marriage is wrong to refuse that…

    • 999 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Same-Sex Marriage On 26 June 2015 the United States Supreme Court voted 5-4 to strike down statewide bans on homosexual marriage that existed in 14 of the 50 states. This was the culmination of a decades long controversy for the American public. With gay marriage supporters hailing the decision, and many gay couples promptly flocking to obtain marriage licenses, the reaction was swift. No less on the other end of the political spectrum; the backlash from Christian conservatives was immediate and severe.…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Argumentative Essay On Same Sex Marriage

    • 1239 Words
    • 5 Pages
    • 7 Works Cited

    Marriage has always been between a man and a woman, right? Well, then what happens when you suddenly change the definition and turn it into a “loving, romantic union between committed adults?” (Vogt). It doesn’t work like that. It confuses society and children.…

    • 1239 Words
    • 5 Pages
    • 7 Works Cited
    Superior Essays