Justice Opinion on Hollingsworth v. Perry Essay

Justice Opinion on Hollingsworth v. Perry - Essay Example In the year 2000, the state of California conceded Proposition 22, which became an initiative ruling reaffirming that understanding. Proposition 22 became invalidated by the Supreme Court which demanded that marriage should be redefined to involve homosexual couples (Eskridge 96). Some six months later, the citizens of California took on Proposition 8 that amended the Constitution of California stating that; only heterosexual marriage is valid and can be the only one recognized within California. Perry, et al sued this proposition claiming that it was violating the rights of equal protection under the 14th Amendment (Egan and Sherrill 203). Outcome In an outstanding, although conceivably transitory, victory for equality in marriage, a state appeal panel of the Court invalidated the infamous Proposition 8 of California, an initiative at the ballot that had overturned homosexual marriage within the state. The 9th Circuit made Romer v. Evans the controlling precedent. In a majority opin ion, it could be affirmed that, Proposition 8 plays no plausible, legitimate interest of the state and the only rationale of the initiative’s upholders would be to declare the immaterial worth of lesbians and gays as a category and could humiliate a disfavored class publicly (Eskridge 127). Of course, the proponents of Proposition 8 disputed that, the constitution has no marriage mention in any way thus; states are obligatory to characterize marriage within the 10th Amendment (Horne, Rostosky and Riggle 362). These proponents also uphold the view that customary marriage definition is rationally linked to the vital interest of the society in necessitating the distinctive procreative possibility of heterosexual relationship in enhanced, stable unions for the principles of procreating and bringing up the coming generations. However, the court argued that, Proposition eight was only trying to uphold anti-equality models in the state. The 9th Circuit majority affirmed that Proposi tion 8 undermined the equal protection clause within the United States’ Constitution (Eskridge 95). Syllabus The legal provisions being appealed in this case involve the 14th and 10th Amendments, the strict scrutiny test, and Proposition 8 that became passed by the California citizens. Under the 14th amendment of the U.S. constitution, the equal protection clause offers that any state whatsoever must not deny to any individual within its command the equal defense of the statute. The 10th Amendment signifies that, states have the authority to control marital matters. The federalism system dictates the powers of policing that the state must possess. In other words, the proponents of Proposition 8 signified that the constitution has no marriage mention in any way thus; states are obligatory to characterize marriage within the 10th Amendment (Lannutti 43). That is; in this docket of power, states have generally had jurisdiction to control marriage. Although, the opponents of Prop osition 8 declare that, the 10th Amendment must not be platform used to jeopardize the citizen’s right of equal protection as affirmed under the 14th Amendment. In the argument regarding the 14th Amendment, it became clarified if the states can amend their constitutions to recognize marriage as the union of one woman and one man and whether it violated the equal protection provision. In this case, Proposition 8 cannot withstand strict scrutiny. That is; the proponents fail to

Legal Foundations of Health Care Essay Example | Topics and Well Written Essays - 500 words

Legal Foundations of Health Care - Essay Example Progress in health care facilities was also significant and began immediately into the century. The developments began in the year 1903 with Willem’s invention of electrocardiograph, a development that facilitated diagnosis and therapies. The â€Å"first basal metabolism apparatus† in 1906 was another development in the industry (Pozgar, 2012, p. 9). The â€Å"Wassermann test† followed this in the same year before invention of the â€Å"fluoroscopic screen† two years later. Tests on functionality of the pancreas were also developed by the year 1906. The progression in facilities also included equipments for taking blood based tests and tests on other body fluids as well as development of health care laboratories (Pozgar, 2012). Developments was further realized in establishment of training facilities for health care personnel, as was the case of the Foundation of the American College of Surgeons, in the year 1913. Progress in health care facilities however slugged after the year 1929 because of effects of the First World War and the Great Depression but was later facilitated by profit-oriented ventures in the health care sector. Computerization was another development in the period and was realized towards the end of the 20th century. Its features were vested in healthcare technology such as â€Å"computed tomography, magnetic resonance imaging, and positron emission tomography† (Pozgar, 2012, p. 10). These developments in medical technologies have also been the major identified elements of progression in the 21st century. The progression has adopted the developed trend in towards the end of the 20th century when care providers sought to resolve existing and emerging problems in the society and to a ttain efficiencies in their operations. Other developments in healthcare facilities in the period include development of antibiotics and equipments for managing infections, development of pharmaceutical products, establishment and