<< Chapter < Page Chapter >> Page >

The adversarial judicial system comes from the common law tradition: In a court case, it is one party versus the other, and it is up to an impartial person or group, such as the judge or jury, to determine which party prevails. The federal court system is most often called upon when a case touches on constitutional rights. For example, when Samantha Elauf , a Muslim woman, was denied a job working for the clothing retailer Abercrombie&Fitch because a headscarf she wears as religious practice violated the company’s dress code, the Supreme Court ruled that her First Amendment rights had been violated, making it possible for her to sue the store for monetary damages.

Elauf had applied for an Abercrombie sales job in Oklahoma in 2008. Her interviewer recommended her based on her qualifications, but she was never given the job because the clothing retailer wanted to avoid having to accommodate her religious practice of wearing a headscarf, or hijab. In so doing, the Court ruled, Abercrombie violated Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating on the basis of race, color, religion, sex, or national origin, and requires them to accommodate religious practices.

Equal Employment Opportunity Commission v. Abercrombie&Fitch Stores , 575 U.S. __ (2015).

Rulings like this have become particularly important for members of religious minority groups, including Muslims, Sikhs, and Jews, who now feel more protected from employment discrimination based on their religious attire, head coverings, or beards.

Liptak, Adam. “Muslim Woman Denied Job Over Head Scarf Wins in Supreme Court.” New York Times . 1 June 2015. http://www.nytimes.com/2015/06/02/us/supreme-court-rules-in-samantha-elauf-abercrombie-fitch-case.html?_r=0.
Such decisions illustrate how the expansion of individual rights and liberties for particular persons or groups over the years has come about largely as a result of court rulings made for individuals on a case-by-case basis.

Although the United States prides itself on the Declaration of Independence’s statement that “all men are created equal,” and “equal protection of the laws” is a written constitutional principle of the Fourteenth Amendment, the reality is less than perfect. But it is evolving. Changing times and technology have and will continue to alter the way fundamental constitutional rights are defined and applied, and the courts have proven themselves to be crucial in that definition and application.

Societal traditions, public opinion, and politics have often stood in the way of the full expansion of rights and liberties to different groups, and not everyone has agreed that these rights should be expanded as they have been by the courts. Schools were long segregated by race until the Court ordered desegregation in Brown v. Board of Education    (1954), and even then, many stood in opposition and tried to block students at the entrances to all-white schools.

Brown v. Board of Education of Topeka , 347 U.S. 483 (1954).
Factions have formed on opposite sides of the abortion and handgun debates, because many do not agree that women should have abortion rights or that individuals should have the right to a handgun. People disagree about whether members of the LGBT community should be allowed to marry or whether arrested persons should be read their rights, guaranteed an attorney, and/or have their cell phones protected from police search.

Questions & Answers

Can you explain the Stockdale Paradox
Patricia Reply
How the capital market can create a better future for all import and benefit
Egbo Reply
in the dred scott case what did the supreme court decide the Congress had no power to do
Kazi Reply
who was james madison
Ceceilia Reply
Founding Father who fought to add the Bill of Rights to the Constitution he helped write (called the "Father of the Constitution"). He and Jefferson didn't want the federal govt to overpower the states (Democratic-Republican party). Cowrote The Federalist Papers. 4th President of the US (1809-1817).
Aaron
hi
Serah
how are you doing
Bubacarr
hi
Nicole
hello
faithsia
who has the power to declare war
Fernandy Reply
president who is commander in chief
Abu
Adam the president
Talima
are spelled out in Constitution
leticia Reply
What is constituencies
Patrick Reply
is the body of voters who elect their representatives for their area
Ernest
Can you say is the process by which voters who elect their representatives for their area
Lydia
people respresenting Congress
Nicole
but are you sure?
Anna
so does anyone UNDERSTAND the laws of the CITY and the City Council...
Anna
the first Republic political parties
Baby Reply
how call government system in Zambia
esenam Reply
was it Britain that colonialised usa
Temiloluwa Reply
Yes because is in the document of Britain which it cannot be change.
Abu
what is Electoral malpractice
Bailey Reply
it is a practice which is against the rules of electoral activities(electoral commission ).
Abu
Electoral malpractice, is illegal interference with process of an election.
Tina
Clifford constitution of 1922
ABAH Reply
to this textbook which countries have the highest rates of execution?
michael Reply
What are the advantages and disadvantages of having so many levels of subnational governments in the United States? Explain
Nicole Reply
to help in protecting the right of the citizens, in safety purpose also if not many tribulation war and conflict in between the Nations and perhaps the citizens that is we really needs them.
Emmanuel
What are the advantages
maureen
what were the initial issues that led to the introduction of legislation
Benedicta Reply
Do the consideration and bill of rights protect the life and liberty of all Americans?
Benedicta
yes
Emmanuel
yeah
Akuchie

Get the best American government course in your pocket!





Source:  OpenStax, American government. OpenStax CNX. Dec 05, 2016 Download for free at http://cnx.org/content/col11995/1.15
Google Play and the Google Play logo are trademarks of Google Inc.

Notification Switch

Would you like to follow the 'American government' conversation and receive update notifications?

Ask