Legal Arguments on Same Sex Marriage

Legal Arguments on Same Sex Marriage Yoel Reina Dicks in the Court The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest, claimed Justice Anthony M. Kennedy, whom has tailored all court decisions which recognize gay rights. With that knowledge, must come the recognition that laws excluding same-sex couples from the marriage right impose stigma and injury of the kind prohibited by our basic charter. The news on June 26, 2015 captivated American citizens all around the country, news that may have seemed as too much to absorb. If an individual was near a live television set, or near the proximity of any telecommunication broadcast, the chants of victory over laws restricting same-sex couples to marry could be heard at an amplified rate. The issue of gay marriage is a strange one, one which is surrounded by much fervor, emotion and unknown consequences. One must ask, what consequences would that be?, Jim Obergefell fought and won the case of Obergefell v. Hodges, a case that Jim did not have to succumb to as his partner passed away in 2013, just two years prior to his victory. The person I love was physically falling apart, and I was happy and privileged to be able to be there to help him what else would I do? Jim Obergefell (Geidner). To answer the question, the consequence is love. The love to feel and be with someone else regardless of their creed and sexuality, the right all human beings should have. The loss Jim faced was tragic, but the tenacity wielded by this individual to take on thousands who opposed his right to marry is immeasurable. The case of Obergefell v Hodges, begins when two same-sex individuals bring their case into their respective district, another fourteen same sex couples follow suit. These cases reflect the denial of each individuals right to marry, or the right to have a marriage which was performed at a different state be recognized in their home state. These cases were heard in the states of Ohio, Michigan, Tennessee and Kentucky. The marriage is between a man and a woman, were the current outlook and law by the defined states. Strangely enough so early on, each state corresponding to its petitioner ruled in their favor. Unfortunately, the representatives of the current law (marriage between a man and a woman), petitioned the decision by the courts. In turn this caused the Court of Appeals for the Sixth Circuit to rule in favor of the respondents which in turn reversed the previous ruling by the state courts. The original petitioners decided to continue fighting by escalating the matter to the Sup reme Court. Alas once the petitioners received certiorari by the Supreme Court, each petitioner argued that the reversal by the respondents violate the Fourteenth Amendment by restricting the individuals right to marry or denying its recognition. This situation makes it nearly impossible for an individual to be recognized as a married coupled as the laws are not static nationwide and each state can permit or deny gay-marriage. The emotional approach taken by the petitioner is the claim that they viewed marriage by the institution at a high level and they sought that form of value, and it wasnt an approach to diminish marriage. However, the respondents approach to the situation was that the individuals were attempting not attempting to seek the recognition of marriage, but were in fact looking for a new and unestablished right to marry within the same sex. The respondents reminded the court that marriage is naturally between a man and a woman, the respondents included that the ability for a same- sex couple to marry would demean marriage by its core definition. The respondents also claimed that there is an insufficient amount of democratic discourse to decide on an issue as important as the definition of marriage. Oddly enough the inclusion of a statement as bizarre as same sex couples inability to marry due to the severance of marriage and procreation was also claimed. Both legal arguments were weighted out by the Supreme Court and a decision was to be made, one which sadly did not pass by a large majority ruling, but a ruling in favor of gay marriage was made none-the-less. The Court ruled by majority of 5 to 4 in favor of the petitioners. The verdict, carried by Justice Kennedy (Ginsburg, Breyer, Sotomayor, and Kagan, JJ. joined), initially measured the matter arising from the cases of Michigan and Kentucky, of whether states are obligated to record same-sex marriages (Oyez). The first testament made by the majority ruling in favor of gay marriage was the fact that marriage has evolved over time due to legal and social attributes. A statement identifying every states disarray on the decision of gay marriage was also brought into light. The Fifth and Fourteenth Amendment also contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. The due process clause was strongly used in winning the rights to marry for same sex couples, as liberties protected by the clause extend to choices that are central to a persons dignity and autonomy. These dignities and autonomous action also stretch into personal beliefs and identity. The Supreme Court parried the respondents arguments of the petitioners not seeking to pursue a right to wed, but in its place pursued an innovative right to same sex marriage, with being inconsistent with the Courts prior method to essential rights, as well as that of matrimonial pairing. The claim that rights could not be restricted only by individuals who have previously exercised them was also made. If this was the case, law would be stale and would not evolve with the times and social changes. This informal approach would restrict groups from invoking rights denied to them in the past (womens right to vote, black equality, etc). Furthermore, same-sex marriage is protected by the equal protection clause, stating that the Court recognized that new insights and societal understandings can reveal unjustified inequality within our most fundamental institutions that once passed unnoticed and unchallenged. The marriage laws confronted by the petitioners are in its core unequal. The laws deprived same-sex couples all the benefits approved to opposite-sex pairs and labor as seriously committing harm, in essence serving to disregard and declare gays and lesbians as inferior. At the end the respondents showed no evidence of marriages severance due to the acceptance of gay marriage. The four Justices who were not in favor of the ruling made their dissenting judgements. Chief Justice Roberts, joined by Scalia, Alito and Thomas, dissented from the majority claiming that the Constitution of the United States does not allow judges to refabricate the definition of marriage as it is a decision to be made by the legislature. Chief Justice Robert finalized his dissent by claiming that the majority had no legal basis for its conclusion. Scalia was in agreement with Justice Roberts dissent but included that citizens were robbed of their freedom to govern themselves. After reading over the case and assessing the competition Jim had I am overwhelmed with joy and thanks to this individual and all those who have fought for my right to legally get married. It is a horrendous thought and a very treacherous approach to deny an individual rights granted to another individual. There was reservation saved specifically for Judge Thomas who is of African American heritage, an individual who shared a history of ancestors whom faced a similar struggle towards equality. Although the African American struggle was much harsher than that of gay rights, it was a struggle none-the-less which should give an understanding and compassion towards the importance of civil liberties and rights for all, one he seemed to forget. I could not imagine a world where I could not marry the person I love, to be told that I am different and do not have that right. This case is one that puts law into a perspective that not everything is set in stone. Law mutates, it changes and adjusts to the times may they be impacted by the environment or social changes. It also begs to question the Constitution as a whole, does it not? What is the difference between a dream and the U.S. Constitution when both can be translated based on the outlook of the individual, in this case the courts. Alas, although the Courts did have a majority ruling for gay rights, unfortunately there are dicks (no pun intended to the case), whom are still sitting in the court whove not adjusted to the times itself.

Korea: MacArthurs war with Truman :: essays research papers

Korea: MacArthur’s war with Truman 1946-1952 The movie starts out with a pretty good background on the whole Korean War. It tells of how after WW II, Korea, at that time was ruled as a colony of Japan, was split along the 38th parallel. With the Russians controlling North Korea, and the U.S. backing South Korea. Both the U.S. and the U.S.S.R. chose leaders from the countries to be more of a governor than a president for the two nations. MacArthur, though in many ways was a failed general in that he lost many troops and strategic strong holds, was still a very popular â€Å"hero† from WW II. Although it depends on who you talk to. My great-grand father was U.S.S. Colorado and everyone in the Pacific during the was thought MacArthur was a horrible leader, and commander. MacArthur tended to make his own choices on U.S. foreign policy. MacArthur wanted to take troops all the way up to the Yule River on the border of Korea and China. Truman hated MacArthur for this, absolutely hated him. Truman felt that MacArthur’s daring had unduly escalated the war. China was now involved, and Truman feared Russia was to follow. Even though at that time Russia was considered a friend, Truman knew it was only one major conflict away from another world war. MacArthur wanted to bring in Chinese nationalist from Thailand into the war and attack Mainland China. MacArthur even went as far as to fly to Thailand and meet with na tionalist leaders to discuss doing so. MacArthur even suggested using up to 20 atomic bombs on strategic Chinese locations. He did not want his soldiers to die for a stalemate, he wanted total victory. Both Truman, and the U.S. Joint Chief’s of Staff (a collection of high ranking officers from all of the armed forces) disapproved of MacArthur’s actions, but were reluctant to do anything about it because of his tremendous popularity. In Tokyo, MacArthur met with diplomats from Spain and Portugal, and made it clear he wanted war with China. The diplomats related this to their home governments in telegrams that were intercepted by the NSA (National Security Agency). This was reported to Truman and he knew that MacArthur needed to be fired. The problem was that Truman could not report that the US had been listening in on other countries secret communications. So Truman was forced to wait until there was another reason to let MacArthur go, one that could be published and not embarrass the US.

High Noon Essay

This is a case of a company, which is operating in Malaysia by the name of Alpha Plantations Sdn Bhd. The company has its origin in Britain and has been operational for over forty years now. This subsidiary located in Malaysia consists of one palm oil mill and one oil palm estate. According to the owners of the company, the main purpose of opening this subsidiary is to supply the mother company with crude palm oil. The mother company is involved in production of detergents. The subsidiary in Malaysia operates in three shifts and each shift has about 25 people manned by one supervisor.  In addition, majority of the top management persons working at the Malaysian subsidiary come from the United Kingdom where the mother company is. Issues This organization has been in operation for decades and it has perfectly performed. With the changes that are taking place within the company because of the new manager, workers will also experience some new changes in the way they will execute their duties. Issues arise from the fact that this new management wants to change even the structure of the organization. These changes bring conflict in the way the workers used to perform and in the process affect their team performance and rapport. (McShane, S. et al, 2006) This frustrates Mr. Ang who has worked with the company for over four decades. The results are his firing after a confrontation. The reason for his firing stated as misconduct. However, this misconduct resulted from the mixed up duties and responsibilities that he experiences on his line of duty. As McShane, S. et al, (2006), says it is necessary to have a clearly spelled out duties and responsibilities. This is the only way that the workers will be able to avoid conflict and confrontation. This does not happen in this company. In addition, the managerial team executes these changes so quickly such that the workers do not have time to adjust thereby resulting to frustrations. Analysis Over the years, the company has faced many problems. However, the recent one was the massive loss that the company was undergoing. The main cause of this loss is the current low prices of gases that were experience at that time, then in 1999. During this time, Captain Chubb was the manager of the company. He claimed that he had done all that he could but the prices were the one which pulled the company down. The top management of the company sort to hire a new manager the following year by the name of Ian Davison. They thought that the previous manager failed to perform. Even though he did not have any experience in management of an agricultural company, he had worked and succeeded in the detergent company and therefore the management expected much from him. To achieve this, he had to lower the cost of production and the only way was to make some recommendation. He therefore made recommendations some of which were beyond the company’s control. For instance, he claimed that the company allowed too much machine breakdown. It is advisable to note that wear and tear is normal processes and we can do absolutely nothing to prevent it. However, he offered a practical solution of reducing the workforce and introducing new machines. This is the point where issues cropped up. With the introduction of new machines and reduction of the number of workers per shift, the workers first adapted to the process but later moved back to their old habits. However, this time, the problem was bigger in that there were fewer workers. They no longer worked in a team and this created a big problem, as the workload was now bigger. In addition, with the new introduced structure in the organization, workers were now able to have a direct access to the manager. This reduced the powers that Mr. Ang had who has always been the supervisor for the company. He was not in a position to control the works anymore and this frustrated him. Furthermore, the workers would not fully respect his directions, as they knew they could still get directions directly from the manager. As McShane, S. et al, (2006) in their book says, poor communication will always affect our behavior towards each other at our places of work. They go ahead and say that leaders will tend to vent their frustration to their subordinate. This communication breakdown affected the relationship between Mr. Ang and the workers and at the end resulted to dictatorship type of ruling where Mr. Ang would make all the decision for the workers. The worst is that Mr. Ang was to blame for all this. The result is that Mr. Ang was devastated and become silent, unproductive to the company and the company fires him. Drive theory explains the reason why Mr. Ang feels frustrated by the actions of the manager. He was highly valued by the workers and after he goes home, the company somehow collapses. Solutions The current problems that are experienced are a serious loss and this is not due to local company structure but global factors that are beyond the company control. We can therefore argue that the methods that used to deal with this problem are way out of track. It is a good idea though to look for machines that are using new technology and to downsize the number of workers in the company. However, it is not a good idea to change the company structure, as this has nothing to do with the workers’ performance. (McShane, S. et al, 2006) The best solution for this problem therefore would have been the purchase of the machines using new technology, downsizing the firm and then leaving the workers to report to the supervisor who they have reported to all these years. This would have prevented the confrontation that Mr. Ang had with the top officials at the head office and the other confrontation that he had with the manager and therefore prevent the company from collapsing. Recommendation However, now that Mr.  Ang has already gone home and things are not working well at all at the company, it is a clear indication that even though during the last days, Mr. Ang seemed quiet, he was important and his presence was recognized by all the workers. In addition, Mr. Ang was never given time to explain what was happening. It would be recommendable to try to summon Mr. Ang, give him a chance to explain his point of view and give him back his job. He is the only one who can mobilize the team and make them work. Drive theory explains the reason why the company collapses because the workers are not motivated. They have nothing to drive them to work harder.

The Importance of Generation Cohorts in Market Segmentation Article Review

An introductory code of target marketing is market segmentation. In application of this code, the exploit of demographic profiles has become a admired form of segmenting markets and discovering markets. Age, sex, and household income are specific cases of demographic variables that have been shown to be forecasters of attitudes and behaviour.   Furthermore, generational cohort, described as a group of people united by a span of birth years characteristically 17-23 years in period, has been exploited as a widespread approach for sectioning markets based upon age.   The generational cohort segments have been revealed to be exceptional with their form, character, views, and core values. It appears suitable to theorize that these notions are applicable to both commercial and non-profit business, and particularly in this sphere of investigation, the Protestant church.   Theoretically it can be conjectured that a person’s anticipations and height of significance of the various service quality measurements offered by their church will be different based upon the individual’s cohort outline.   Furthermore, it appears rational that the anticipations and the levels of significance placed on these service quality dimension characteristics will eventually contribute to an individual’s participative behaviour with their church. An appealing study by Strauss and Howe looked at generational comparisons and dissimilarities going back to the 15th century and finished off that over 80 year spans generations carry on through 4 stages of about 20 years each. The first phase entails times of relative disaster and the people born during this era were called artists. The next phase was a high episode and those born in this period were called prophets. The next phase was an awakening time and people born in this period were called nomads. The final stage was the unravelling period and people born in this period were called heroes. The most current high period happened in the 50s and 60s therefore baby boomers are the most modern yield of prophets (1997). Today we use the subsequent descriptors for these cohorts: Depression cohort born from 1912 to 1921; memorable events: The Great Depression, high levels of unemployment, poverty, lack of creature comforts, financial uncertainty, Key characteristics: strive for financial security, risk averse, waste not want not attitude, strive for comfort; WWII cohort born from 1922 to 1927, Key characteristics: the nobility of sacrifice for the common good, patriotism, team player, Post-war cohort born from 1928 to 1945,Key characteristics: conformity, conservatism, traditional family values; Baby Boomer cohort #1,born from 1946 to 1954,Key characteristics: experimental, individualism, free spirited, social cause oriented; Baby Boomer cohort #2 ,born from 1955 to 1965,Key characteristics: less optimistic, distrust of government, general cynicism; Generation X cohort born from 1965 to 1976,Key characteristics: quest for emotional security, independent, informality and N Generation cohort ,born from 1977 to date, Key characteristics: quest for physical secur ity and safety, extreme patriotism, heightened fears, acceptance of change. In particular, marketing managers need to fully understand age related changes and identify effective ways to target these changing age segments. Simply assuming, for example, that tomorrows seniors will respond to marketing activities in similar ways as today’s seniors could lead to devastating results. Taking a special look on the Individuals who came of age during the Great Depression, tend to be compulsive savers and risk averse throughout their lives because they experienced great economic hardship in their early adulthood. The validity of these cohorts has been revealed in numerous forecasting models. Conventional forecasting models use cross-sectional analyses to scrutinize the changing demographic profiles of the population and their influence on consumption patterns. For instance, if 20-30 year old individuals were the most likely to use product X and this age group was going to grow in size in the next decade (because of the Great Depression, for instance), then the conjecture would call for an boost in consumption of this product. Most of its efficiency has come in positioning products and in promotional campaigns. As a product instance, the U.S. cable television channel American Movie Classics proffers movies from the 1940s and 1950s and skewed heavily older -World War II and Post-War cohorts in viewship. One possible benefit to managers is that segmenting consumers by cohorts may be a more effective segmentation technique than presently employed. Consumers are savvier than before, requiring personal attention and products that ensemble their lifestyle. They do not want to be burdened with injudicious products and promotions. In the United States in the 1980s, for instance, individuals 65 years or older were comprised mostly of the Depression cohort (Holbrook, 1994) Today, it is made up mainly of World War II and Post-War consumers and in 2011 the first of the Baby Boomers will enter this age segment These cohorts will inflict their values and preferences on the way they carry out their lives.