The Universal Right to Family Essay - 1786 Words

Although most Americans have particular positions on what constitutes the ideal family, it is vital for policy engage all members of society equally without regard to cultural, religious, or political factors. The idea that all Americans have the right to a family via substantive due process (which is slightly different than due process ) relies upon a judicial review process blind to appeals of pathos and responsive only to rational approaches. However, as noted by the Harvard Law Review, in reality, â€Å"substantive due process is at least partially culturally and politically driven† (2791). In recent years, the rights of gay families have come to the forefront of American cultural discourse as more gay families and individuals have demanded†¦show more content†¦Although this concept directly contravenes the both Amendments 10 and 14 of the US Constitution, the Supreme Court has never directly addressed it partially because of the cultural volatility surrounding th e debate on gay marriage. However, in their relaxed silence on DOMA, the Supreme Court tacitly condones hundreds of state statutes and state constitutional amendments that irreparably impair gay families everyday. For instance, DOMA curtails the right to adopt and the rights of gay adoptive parents even in states without express laws about universal adoption rights. Although most people would say the right to a family is fundamental, currently seven states have laws expressly banning gay adoption. Although states like Massachusetts and California have laws specifically protecting universal adoption rights, 25 states have vague laws that are also harmful under the purview of DOMA (â€Å"Human Rights Campaign†). According to legal scholar Mark Strasser, this vagueness represents a monumental issue when a same-sex family moves to a state that does not recognize adoption by non-married parents or when the biological children of one parent are adopted by the other parent (1818). T he rights at stake in these cases are the right to sign hospital release forms for ones’ children in an emergency, the right to inherit property after death, the right to sign a school permission slip, and the right to custody and visitation in cases of two parents separatingShow MoreRelatedHuman Rights in History1779 Words   |  7 PagesNot only has it taken several years for human rights to be a legitimate international concern throughout the world, it is yet to be settled. They are still under development and require a range of actions before human rights are fully enforced. But what are human rights? Human rights could be defined in various number of statements. It could be people gifted with a set of rights and protections because they are human. Or simply, a right which belongs to every individual. With a number of major treatiesRead MoreKants Moral Theory and Utilitarism Comparison Essay1166 Words   |  5 Pagesgreatest happiness principle. Morality and right acti on are very different within these two theories, and the idea of slavery is a good example of the differences. Utilitarianism can allow slavery, whereas Kant’s moral theory cannot allow slavery. Kant’s moral theory uses the categorical imperative as its basis. The categorical imperative states â€Å"act only according to that maxim whereby you can at the same time will that it should become a universal law†. (Kant, pg. 30) A maxim is a reasonRead MoreWomen s Traditional Cultural Values Of Gender Roles1333 Words   |  6 PagesViolation of Rights†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦.†¦Ã¢â‚¬ ¦4 The Situation in Nepal†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Traditional Gender Roles – An Infringement?†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦9 Conclusion†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.12 Bibliography†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦14 Female Sex-Trafficking in Nepal Introduction Human trafficking is widely known as modern-day slavery. Slavery has been outlawed globally since the United Nations abolished all forms of it with the passing of article four in their Universal Declaration ofRead MoreCulture Relativism Essays575 Words   |  3 Pagesought to live because the roots of the theory don’t give any explanation for what is right and wrong but instead only a means for right and wrong to be judged. By no fathom of the imagination can one contend that his or her own self ideas are correct there are certain bias that come with all judgments on the correct way to live, but if culture relativism stood true than it must be able to give some sort of universal truth. To produce a theory that says in its entirety the correct way to live dependsRead MoreEssay On Universal Health Care858 Words   |  4 PagesStates Needs to Adopt Universal Health Care   Ã‚  Ã‚   The United States is considered by most as the greatest country in the world. 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