Lawrence V Texas On Polygamy Case Study Example

Published: 2021-06-18 05:50:13
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Category: Law, United States, Crime, Criminal Justice, America, Amendment, Polygamy, Lawrence

Type of paper: Essay

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In the case of Lawrence V Texas, two men were arrested by the police in their searches for arms. They were arrested for engaging in sex that was against the laws of the land. According to the police, it was reported that, the two men were engaging in anal sex. Homosexuality was not legalized than in any state. When they were paraded before a court of law, the accused individuals agreed to the charges that implicated them of the crime. However, they contended that, their acts were protected under the provisions underpinning the fourteenth amendment. In the light of the prosecution assertions, the prosecution stated that, the actions of the two did not in any case correlate to what the Fourth amendment stipulated. According to the fourteenth amendment, same sex marriage must be between two consenting adults. Law protects it. The court found out that, Lawrence’s case involved two men. Therefore, it could not be protected under the provisions stipulated in the United States constitution.
The fourteenth Amendment was devised to protect individuals from the violation of their person liberties (Currie). In essence, the amendment to the United States laws paved in a way for the fourteenth amendment was promoted by civil right activists who championed for the protection of rights of individuals. The extent by which the government should provide influence in the lives of people is also under the provisions under the fourteenth amendment (Lush). In the decision of the court in issuing a judgment, precedent was not followed to the letter because; the existing cases had been passed before the amendment came in play. The acts of the two men were found to be in violation of the United States laws and the constitution. They were convicted and imprisoned.
On the same case, Lawrence’s case can be used to determine if or not polygamy should be illegalized in every state, in the United States of America. From the ruling and the arguments raised in Lawrence’s case, polygamy should be illegalized due to the following reasons; the United States of America Constitution dictates that, sex recognized by law is that which is between two consenting adults. At no point is it mentioned that, legal sex is between a man and women or a woman and several men. Just as it was in Lawrence’s case where marriage was defined as the union between two consenting parties, the same ruling can be used to invalidate polygamy. The law established in Lawrence takes care of liberties and rights of American citizens. In this regard, polygamy should be banned in all states unless under very narrow exceptions. In this case, research shows that most people engage in polygamy against the will of the other party. Legalization of such a law would result to the violation of rights and liberties of initial parties.
On the other hand, the Law established in the case of Lawrence can be used to advocating for the legalization of polygamy in all states, in the United States of America. Subject to this assertion, the acts of the government in setting rules that usurp liberties of people are not constitutionally acceptable. The constitution, about the Fourteenth amendment, dictates that, the government should not overstep its mandate to the extent of subjecting people to do what they do not want to do. If a person feels like marrying ten wives, why limit him. In the event, such acts are allowed; freedoms and liberties that are entitled to American citizens will be crippled. In such circumstances, the actions taken would be inconsistent to the constitution.
Works Cited
Currie, David. The Constitution of the United States: A Primer for the People. New York: University of Chicago Press, Chicago.
Lush, Curt. The Fourteenth Amendment and the Privileges and Immunities of American Citizenship. New York: Cambridge University Press, 2014.

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