Sentences with phrase «as a constitutional right»

When it came, though, to the force of dissents read aloud, nothing compares with the dissent he delivered in 2013, in the Windsor case, when the Court teed up the decision it would render two years later in proclaiming same - sex marriage as a constitutional right:

If it can be shown, after all, that the founding Federalists were opposed to any government that promoted a particular conception of the good life, might we not then say that Laurence Tribe's and Eleanor Smeal's defense of «reproductive freedom» as a constitutional right is consistent with the principles of Hamilton, Madison, and Jay?

If same - sex marriage is accepted as a constitutional right, the rights of orthodox religious groups regarding their approach to and public judgment of the moral quality of same - sex couples» relationships may lose out, and in numerous ways.

Fortunately, yes it is legal to breastfeed a baby in public in most states, with some courts even defining it as a constitutional right.

Is it moving quickly enough that the Supreme Court, where the issue may be headed via a California test case, will decide the country is ready to accept gay marriage as a constitutional right?

Over time, bankruptcy laws have become more compassionate and less punitive, and was seen by the Founding Fathers as a constitutional right; debtors deserved the ability to have a fresh start.

Consistent with the theme, he groups them by categories such as Constitutional Rights, Supreme Justice, Flag Waving, Military Drills and Land of the Free.

Before becoming a Supreme Court Justice, Ginsburg spent most of her legal career working on the advancement of women's rights as a constitutional right.

Publications and Presented Materials «Bitcoin Basics for the Family Law Practitioner,» The Florida Bar Family Law Section Commentator, Fall 2016 «The United States Supreme Court Recognizes Same - Sex Marriage as a Constitutional Right,» Brinkley Morgan Legal Talk Blog, July 1, 2015 Speaker, «Family Law Appeals,» Palm Beach County Bar Association's The Basics of Family Law You Thought You Already Knew CLE Seminar, May 8, 2015 «Collaborative Divorce: A New Approach to Dissolving Marriages in Florida,» Brinkley Morgan Legal Talk Blog, Feb. 27, 2015

The duty to make legal services adequately available should be given constitutional status based upon a Canadian Charter of Rights and Freedoms s. 15 «equality rights» argument that recognizes, «legal services at reasonable cost» as a constitutional right, based upon the principle that being middle class, or of «middle income,» and unable to obtain legal services at reasonable cost, is a state of one's condition that is «immutable, or changeable only at unacceptable cost to personal identity,» and to one's ability to invoke constitutional rights and freedoms, and the rule of law.

I appreciate the arguments that have been made for same - sex marriage as a constitutional right, but these arguments work well — work better — in the political arena.

The changes have come in the wake of a growing movement across the state, led by legal scholars, immigration attorneys and youth advocates who have contended for years that these referrals to the U.S. Immigration and Customs Enforcement (ICE) agency violate a state law created to protect a juvenile's privacy, as well as the constitutional rights of these minors.

And regardless of whether medical self - defense should be recognized as a constitutional right, the arguments given above should offer a strong moral case for the legislature's respecting such a right.

In dealing with the principles of fundamental justice, the majority pointed out that, contrary to the aura of inevitability apparent in many media reports, «enshrining [assisted suicide] as a constitutional right» is «a matter of serious concern to many Canadians... [and] no consensus on the subject is apparent, even among ethicists or medical practitioners» — and cited how most national medical bodies including in Canada, the US, UK, New Zealand, Australia, and the and World Medical Associations, are opposed (Carter paras. 243, 249).

Of assistance to such government and private intervention would be a Canadian Charter of Rights and Freedoms argument, recognizing «legal services at reasonable cost» as a constitutional right.

We've been in a «do - nothing» mode for years, paralyzed by the National Rifle Association's stranglehold on elected officials and the gun lobby's mass marketing of assault - style weapons as a constitutional right necessary for self - protection.

Not exact matches

The law, known as Senate Bill 4, is slated to take effect Sept. 1, but has been challenged in court by rights organizations and localities that say the law infringes on local governments» constitutional rights, and will sow fear through immigrant communities by dissuading people from reporting crimes or testifying as witnesses out of fear they will be deported.

Gorsuch has argued that liberals are too quick to file lawsuits as a way to force change, even though there's «no doubt that constitutional lawsuits have secured critical civil - rights victories,» including desegregation.

Republicans said owning guns is a constitutional right and cited people erroneously suspected as terrorists.

Levandowski's lawyers argued that the court's order to Uber, as well as Uber's threat to Levandowski, would violate his constitutional right to avoid self - incrimination.

Since the right to fairly priced electricity is not a fundamental constitutional right and because HDL users are not part of a classification that have been subject to governmental discrimination historically, such as race, gender, national origin, etc., the PUD's decision will be allowed to stand unless a court finds that there was no «rational basis» for it.

Notably, seven provinces opposed to the legislation, which, «in its drafting, if not in its intent, had serious and, in the view of the vast majority of witnesses, fatal flaws as to the constitutional violation of sections 92 and 91 of the British North America Act, the Charter of Rights and Freedoms, freedom of speech, expression and association as protected by that very Charter of Rights and Freedoms,» Segal said.

Justice Douglas» opinion struck that law down as inconsistent with a Constitutional right of privacy, notwithstanding that the U.S. Constitution nowhere mentions any such right, let alone even using the word «privacy».

Since his last re-election, Clarke has openly supported Republican causes on local and national right - wing media outlets; proudly trumpets on official Milwaukee County letterhead his 2013 award from the Constitutional Sheriffs and Peace Officers Association, whose leader suggested using women and children as human shields during Nevada rancher Cliven Bundy's standoff with federal agents; accused Milwaukee County Executive Chris Abele of having «penis envy» and being on heroin when crafting the county budget and needing to be drug tested; blasted Milwaukee County District Attorney John Chisholm and Chief Judge Jeffrey Kremers for being «soft on crime»; provided minimal protection for President Obama during his 2012 visit; employs former Scott Walker spokeswoman Fran McLaughlin, who was given criminal immunity over her role in Walker's mixing of campaign and county business; and created pro-gun public service announcements.

If you did that, you'd be a coward like most of these media companies that settle, that actually don't exercise their constitutional rights as members of the free press,» he said.

In the landmark 1969 Supreme Court case Tinker v. Des Moines, the court decided that there were limits to students» rights at school, but that «It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate,» as Justice Abe Fortas wrote.

We have determined, as a country, that only a court can actually take away a constitutional right.

As a federal court stated in a 2011 decision upholding the foreign national prohibition statute and regulation — a decision affirmed by the U.S. Supreme Court: «It is fundamental to the definition of our national political community that foreign citizens do not have a constitutional right to participate in, and thus may be excluded from, activities of democratic self - government.»

This would certainly seem to be effective to confer an immunity on the listed parties for losses that are incurred in the province; but what if a party outside the province suffers losses (see Reference re Upper Churchill Water Rights Reversion Act, [1984] 1 SCR 297, 1984 CanLII 17 (SCC)-RRB-, or what if the exercise of authority under the Act rests upon a reckless understanding as to the constitutional underpinnings of a particular provision?

By framing abortion as a nearly unqualified constitutional right, without fully considering the claims of fetal life, we have not taken a stride to a more virtuous society.

In a May 30 letter to Catholics across the diocese, Bishop Lori said that the state's announcement came as a «shock» and that the church in Bridgeport had no choice but to act to protect its constitutional rights.

There are many Americans who believe that the right to own their gun is the most important Constitutional right and will go so far as to carry their weapons on city streets.

«The Greens do have such rights,» Heaton's ruling stated, «but are unlikely to prevail as to their constitutional claims because the preventive care coverage regulations... are neutral laws of general applicability which are rationally related to a legitimate governmental objective.»

Human Rights NGOs like the Centre for Governance and Development, Citizens Coalition for Constitutional Change, Human Rights Commission and Mazingira Institute, Law Society and the NGO Council helped to popularize the gospel of accountability as a culture of democracy.

A judge ruled that California's voter - approved ban on same - sex marriage, known as Proposition 8, violated the constitutional rights of same - sex couples.

Indeed, religious freedom may be understood as the inclusive constitutional right of democratic citizens, in the sense that all other constitutional rights are conditions of it.

One need not be a lawyer or constitutional scholar to recognize that nowhere does the Charter describe abortion as a right, whereas it definitely guarantees religious freedom.

We can argue about the nature of the harm, but the Court, as a matter of constitutional right, prohibited protection of those with a particular weakness of this type of material.

If abortion is the absolute constitutional right that some claim, churches that censure abortion providers and advocates will eventually be perceived as fundamentally treasonous.

This broad spectrum of groups asked Congress to enact a new statutory right identical to the constitutional free exercise right as it was before the Smith decision.

He would go on to become the most influential member of the Constitutional Convention of 1787, coauthor of The Federalist, the classic defense of that gathering's handiwork, and the primary sponsor of the Bill of Rights (which he viewed as a harmless palliative for such foes of the new regime as still remained).

They argued that in the 19th century the church rightly condemned the understanding of religious freedom that was based on continental liberalism, but that in the 20th century the church could accept religious liberty, understood as a civil right of immunity under a limited constitutional government.

When the nation was established as a democratic republic, the people of the former English colonies, acting in their various constitutional conventions, transferred all governing power to their states and to the federal government, reserving for themselves only certain rights and powers they previously claimed to enjoy as subjects of the British Crown.

(I'll let that last one sink in for an extra second — as I hear tell of «American patriots» who wander into grocery stores with assault rifles dangling off their shoulder because it is apparently their constitutional right.

The council called on the new government to «restore constitutional order and affirm citizens» political, economic and other fundamental rights and freedoms» and to assert «the territorial integrity of Ukraine, whose independence is a gift from God and is valued by our entire nation, which is why we have no right to allow for its separation, as this would be a sin before God and future generations.»

Since Roe v Wade, pro-life advocates have argued that an unborn child is unarguably human, and therefore deserves of the same constitutional right as you and I enjoy — namely, the right to live.

The platform planks for «32 embodied a number of Century concerns: U.S. adherence to the World Court protocol; U.S. entry into the League of Nations, provided that its covenant be amended to eliminate military sanctions; U.S. recognition of the Soviet Union (which was granted a year later); the safeguarding of the rights of conscientious objectors (including those denied citizenship, such as Canadian - born theologian D. C. Macintosh of Yale Divinity School); the abolition of compulsory military training in state - supported educational institutions other than military and naval academies; emergency measures for relief and public - works employment; the securing of constitutional rights for minorities; the reduction of gross inequality of income by steeply progressive rates of taxation on large incomes; «progressive socialization of the ownership and control of natural resources, public utilities and basic industries»; «the nationalization of our entire banking system»; and so on (June 8, 1932).

That one action by Senator Kennedy paved the way for a judicial appointment that almost surely was the key to preserving a constitutional right to abortion on demand and to the overturning of U.S. laws protecting marriage as the union of one man and one woman.

I think that during the pre-hostility's period the South's emphasis on the 9th and 10th Amendments (state's rights, etc) indicates their embrace, predicated on economic concerns, for the founding ideal of the sanctity of the «state» as the constitutional ground of the polis.

Richard Posner, a judge of the U.S. Seventh Circuit Court of Appeals, in a New York Times op - ed co-authored December 2 with Law Professor Eric Segall, takes Supreme Court Justice Antonin Scalia to task for threatening America with a «majoritarian theocracy» because of his repeated dissents, since Lawrence v. Texas, against the expansion of homosexual «rights» as a matter of Constitutional solicitude.