Conflict Between Civil Rights and Civil Liberties
Added on 2020-04-01
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Surname: 1Name:Professor: Title:Date:Conflict between civil rights and civil libertiesCivil rights are the legal actions taken by the government to create equality for everyone. In the U.S the Fourteenth Amendment constitution assures that the law offers equal protection and rights to its citizens. Citizenship. Anyone qualified as a citizen of the U.S has a right to vote and that right is enforceable by the government. Other example of these rights are: education, housing, access to public facilities, employment without any discrimination either of race, disability, age or gender and equal admittance to health care and community services. Most civil rights are formulated by the federal. (Karson 289)Civil liberties states the protection of the activities of the government. For example, from the Billof Rights in the first Amendment, the citizens of U.S are free to exercise their religion of choice. The government has no authority to interfere in what choice of religion or worship a citizen chooses. Therefore the citizens of U.S have liberty from the actions of the government. Civil liberties are conditioned through the years by legislatures and they include: the right to free speech, voting rights, court trials that are fair, privacy rights, marriage rights, freedom from unreasonable home searches and the right to remain silent in a police interrogation (Barry 245).The two core values of the Americans are the religion freedom and discrimination freedom. Mostof the conservatives, freedom of religion equals to the right to resist same-sex marriage, gay couples adopting children and other practices that go against their beliefs. This has been strongly
Surname: 2opposed by the LGBT advocates and their supporters who believe that they should not face discrimination due to their sexual orientation. The tussle between civil rights and civil liberties pressures the legislation to either advocate LGBT rights or put boundaries to them in the name ofdefending freedom of religion.("Philosopher argues why no one has the right to refuse services to lgbt people"34) This has been advanced in several states that do not support LGBT rights but again there are some states that fully support LGBTs. This has resulted in court battles trying to resolve this issue without favoring either the civil or liberal rights(Moghadam, et al. 221) An example of a court case that involved charities owned by Catholics operate agencies that provide adoption and foster care services to needy children. The sacrament of marriage under the catholicdoctrine, defines marriage as the unification of a woman and a man, and the catholic agencies refused to give the orphan children to same sex couples. When chief justices reviewed marriages rights, the LGBT community was granted a right to adopt children which was against the catholic agencies beliefs, it led to the closure of their adoption agencies since the new ruling did not favor their religion freedom. The LGBT people and their groups, believe that they should notbe denied children just because they are of the same sex, according to them it is discrimination and a violation of their rights.(Pienaar 44) When the rights of the LGBT community was recognized by the Supreme Court, it sparkled mixed reactions among the Americans. The conservatives not being able to deny this right shifted their strategy to limiting the enforcement of this law. The argument that gay people have a right to marry as well as to practice their own religion has had so many views. ("The clash between religious freedom and equality law 38") Liberties gives its citizens the freedom to act ornot to act. Liberty also allows interference as long as it is within the law, therefore in a way it undermines the LGBT, considering the case of the baker who refused to bake a cake for a gay
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