Abortion: Law, Policy and Ethics
Name:[Your Name]
Phone:[Phone Number]
, Case Study 1: Civil Rights and Family Law
Scenario: Sarah and Tom, a married couple, have been trying to adopt a child for
several years. They are a same-sex couple, and their adoption application is repeatedly
denied by an adoption agency citing the agency’s policy against placing children with
same-sex couples. The couple believes this policy is discriminatory and violates their
civil rights.
Questions:
1. What constitutional principles might be at play in this case?
2. How might the Supreme Court's rulings on same-sex marriage and discrimination
influence the outcome?
3. What legal remedies might Sarah and Tom seek?
Answers:
1.
Constitutional Principles:
2.
1. Equal Protection Clause: The 14th Amendment’s Equal Protection Clause may
be relevant, as it prohibits states from denying any person equal protection under
the law.
2. Due Process Clause: The Due Process Clause might also be considered if the
denial of adoption is viewed as a violation of personal liberty interests.
3.
Influence of Supreme Court Rulings:
4.
1. The Supreme Court’s ruling in Obergefell v. Hodges (2015) established the right
to same-sex marriage and thereby reinforced the principle of equal protection for
same-sex couples.
2. The ruling in Bostock v. Clayton County (2020) extended anti-discrimination
protections to include sexual orientation in employment, which might be
analogous to this case, suggesting that similar protections could apply in the
context of adoption.
5.
Legal Remedies:
6.
Name:[Your Name]
Phone:[Phone Number]
, Case Study 1: Civil Rights and Family Law
Scenario: Sarah and Tom, a married couple, have been trying to adopt a child for
several years. They are a same-sex couple, and their adoption application is repeatedly
denied by an adoption agency citing the agency’s policy against placing children with
same-sex couples. The couple believes this policy is discriminatory and violates their
civil rights.
Questions:
1. What constitutional principles might be at play in this case?
2. How might the Supreme Court's rulings on same-sex marriage and discrimination
influence the outcome?
3. What legal remedies might Sarah and Tom seek?
Answers:
1.
Constitutional Principles:
2.
1. Equal Protection Clause: The 14th Amendment’s Equal Protection Clause may
be relevant, as it prohibits states from denying any person equal protection under
the law.
2. Due Process Clause: The Due Process Clause might also be considered if the
denial of adoption is viewed as a violation of personal liberty interests.
3.
Influence of Supreme Court Rulings:
4.
1. The Supreme Court’s ruling in Obergefell v. Hodges (2015) established the right
to same-sex marriage and thereby reinforced the principle of equal protection for
same-sex couples.
2. The ruling in Bostock v. Clayton County (2020) extended anti-discrimination
protections to include sexual orientation in employment, which might be
analogous to this case, suggesting that similar protections could apply in the
context of adoption.
5.
Legal Remedies:
6.
