TWO EXAMPLES OF LANDMARK RULINGS AND RELATED DEBATES AND CONTROVERSIES

Question 1

BROWN V BOARD OF EDUCATION OF TOPEKA (1954) case Details

Answer 1

black parents from topeka brought lawsuit after their kids denied to an all white school

supported by NAACP and represented by Marshall (First USSC black justice)

USSC ruled in favour of parents finding “Separate but equal” was unequal and therefore broke 14th amendment as citizens have “equal protection”

Question 2

BROWN V BOARD OF EDUCATION OF TOPEKA (1954) SIGNIFICANCE

Answer 2

Chief justice warren explained that even if the education was equal the result of segregation was a feeling of inferiority

In a follow up in 1955 the court ordered schools to integrate their schools

Decision ended 50 years of segregation

In the south they saw it as an attack on the states rights by federal USSC

Question 3

OBERGEFELL V HODGES (2015) case details

Answer 3

Case focused on 14th amendment and “equal protection”

Obergefell argued that ohio’s refusing to recognise his gay marriage was in breach of 14th amendment

Court ruled 5-4 in favour saying the right to mary was fundematenal and supported by “equal protection”

Question 4

OBERGEFELL V HODGES (2015) Significance

Answer 4

Judgement legalised same sex marriage across us

Majority of justices took a loose constructionist approach - constitution doesn’t mention gay marriage

Many christian groups horrified and saying their right to religious freedom was broken

Massive significance to lawmaking by an unelected body