...A NEW BIRTH OF FREEDOM?: OBERGEFELL V. HODGES Kenji Yoshino The decision in Obergefell v. Hodges1 achieved canonical status even as Justice Kennedy read the result from the bench. A bare majority held that the Fourteenth Amendment required every state to perform and to recognize marriages between individuals of the same sex.2 The majority opinion ended with these ringing words about the plaintiffs: “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”3 While Obergefell’s most immediate effect was to legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from...
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...Yoshino’s Essay Summary In The Pressure to Cover, Kenji Yoshino’s essay that was published in the New York Times magazine on January 15, 2006, he informs his audience about the term “covering”. This term was taken from Erving Goffman’s book “Stigma” which is about how people handle their differences and disabilities (34). Yoshino writes educated claims from his experiences as a Japanese homosexual. He introduces his audience to two different terms, passing and covering. Passing applies to an individual who hides the visibility of a characteristic, while covering is toning down the intensity of the characteristic (34). Yoshino approaches these concepts relating to his own identity. In the first paragraph of the essay he says the world is saying “Be gay… Be openly gay, if you want. But don’t flaunt.” This is where covering played into his life. He, and other homosexuals, are expected to tone down their homosexuality in order to fit into the mainstream. This concept applied to many others with “outsider identities” (32). People held themselves back from truly opening up about their personal lives in order to fit in. Being a scholar at Yale University, Yoshino decided to spend his time doing research pertaining one’s identity, called “mesearch,” and focus on the overwhelming pressure to conform that was being felt by many (34). He says that when he first came out he felt the need to follow straight norms, but didn’t know what word to use to describe this demand. That was when...
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...that protect them from persecution and judgment is the only way to achieve the evolution of the “new” civil rights. Although majority of people believe it is impossible for every individual in the world to be equal the truth is that that is the only way the “new” civil rights are going to evolve because in order to achieve this everyone needs to drop the covers they put up and just listen. Achieving the evolution of the “new” civil rights is a mutual responsibility and in order to do so finding common ground is essential. In this mutual responsibility, it is society’s job to ensure that lawmakers realize the problems and then demand change. “The real solution lies in all of us citizens, not in the tiny subset of us who are lawyers.” (Yoshino 487) Lawmakers are there for society and unless society voices a concern or demand for these “new” civil rights nothing is going to happen. In order to give society a voice the citizens need to rally together. “People who are not lawyers should have reason-forcing conversations outside the law.” (487) The solution lies in the hands in the people but in order to achieve any thing society needs to realize it is up to them and do something about it. In order for every individual to be equal, which is essential for the...
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...Jonathan Rauscher Mr. Finch ENC 1101-086 30 October, 2012 Universal Human Rights: Perspectives of Friedman, Poe, and Yoshino In the past, civilizations used to trade with others through ships and sailing across the oceans to deliver goods. Today, trade is done through air travel, freighters on the seas, and countries working together to build product. A car that is designed in North America could be assembled in China, with a CPU chip from South Korea, door frames from India, and leather from Germany. The world today is much different in terms of trade and interaction. Now, everything is on a global scale, and almost everything is interconnected, and Thomas Friedman simply describes this as the world being “flat” in his work The Dell Theory of Conflict Prevention. This includes human rights, which can be considered one of the most basic pieces of foundation for society. With that in mind, one must try to evaluate whether it is possible, with the world as flat as it is today, to create and maintain universal human rights. First, one must identify what human rights means in context. According to the United Nations, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination.” (United Nations) This states that humans are born with rights that cannot be taken from them, and those that...
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...‘cover’ who they are, they must work doubly hard to mask their true identity. Yoshino uses the example of racial minorities having “ to act white” or a homosexual not being able to be themselves because of homophobia. Yoshimo suggests that this strips a person of their identity. As long as this continues the work for civil rights is not finished. Yoshino also argues that the search for our true self is the most important work we can do. 2) Covering as defined by Yoshino is “the way many human groups are being held back today”(p. 481) Civil right laws only protect traits that individuals cannot change such as skin color or sexual orientation. P.481 civil rights do not protect a person’s behavioral choices. Society no longer can fit into the cookie cutter standard of acceptance. We are a growing and diverse society. In order to be our true self we cannot allow covering to exist. Additionally, the term assimilation cannot be used to justify behavior to be in reality another form of covering. One social group cannot assimilate heir behavior just to be accepted by others. The terms ‘true self ‘ and ‘false self’ become part of the vocabulary when discussing covering. In many ways the fear of acceptance holds many people back from being their true self. The false self then serves as a protector to the true self. The concern becomes how much of the false self becomes a reality. 3) Yoshino notes that the Supreme Court favors liberty cases rather than those of...
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...the unique traits of the individuals. In the book “Covering: The Hidden Assault on Our Civil Rights” by Kenji Yoshino who talks about “Covering” as if it was a non-discriminatory disease that spreads and ails the individuals who feels stigmatized of their natural attributes masking it from the public view to conform to the so called mainstream of society. Yoshino further examines the authenticity of the individual’s true and false being. According to the Oxford dictionary authenticity means “undisputed origin; genuine” in other words it means to...
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...much out there that could be used against us such as in job interviews, college applications, and new relationships we encounter every day. As shown by Yoshino, he says "covering has enjoyed such a robust and stubborn life because it is a form of assimilation" (Yoshino 552). A 14 year old girl called "Kiki Kannibal" exposes herself to the social networking to feel part of the world and gives it away when she faces all the publicity of her online life turns to an "endless, soul sucking performance." (Erdely). This comes to show that there is a online world that changes us to create this fantasy world we so desire from what we lack in the real world. Although it can be argued that social media allows people to honestly express themselves, most people use social media to perpetuate a false self; in doing so, they strive to be one with themselves and society by the advancing technology that it offers, compromise their beliefs and values for attention, and have difficulty discerning what they post online along with what's really being told. Facebook, Instagram, Twitter, and many other social networking websites are just a few means through which people create that false self. The creation of these sites are the main reason for having that ability to remake another version of themselves to have that attention everyone desires. Yoshino doubts that anyone covers willingly when he suspects that they all bow to an unjust reality that requires them to tone down their...
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...Internet and Identity Sabrina Rubin Erdely wrote the article “Kiki Kannibal: The Girl Who Played With Fire," which was published in Rolling Stones. Kristen Ostrenga was from Coral Springs, Florida. She created the name Kiki Kannibal for herself and for her Myspace, Youtube, and StickCam followers. Kiki changed and began wearing heavy makeup, posting scandalous pictures, and showing a different side of herself. She quickly became an internet sensation, but not how she thought. Kenji Yoshino is the Chief Justice Earl Warren Professor of Constitutional Law at New York University. He wrote Covering: The Hidden Assault on Our Civil Rights. Yoshino covered that he was a gay Asian American man. An individuals ability to recreate themselves online...
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...could be accomplished. This was a great movement in time, a stepping stone in the right direction. The problem is that these couple of stepping stones will not help someone cross a river. There are more stones needed. There should not be halt in the rights issued to individuals because more right are needed. According to Kenji Yoshino in his text “ Preface and The New Civil Rights”, Wesley Yang in his text “ Paper Tigers” and Ethan Waters in his text “Being Weird: How Culture Shapes the Mind” there is a strong message that there needs to be a change in the rights people have in America to help better society and its people. There needs to be more rights for people in America that supports an individual’s beliefs and concepts. Any human being should be able to comfortably express themselves without worrying how other people around them perceive them. According to Yoshino in his text there being two types of selves in an individual. There is a “true self” and a “false self” that each person has inside them. Most people use the false self as their persona until there are “conditions which will make it possible for the true self to come into its own” (Yoshino 541). Some people find it hard for themselves to act and express how they truly are which just makes it easier for the other persona to come forward and take over. I remember going to elementary school and being picked on because my last name was Hussain and kids would make fun of me that I was related to Sadam Hussain. They...
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...Today in the modern world, gears are used in everyday activities, from cars to washing machines. There are various types of gears such as spur, internal, helical, skew, bevel, etc. Each of these gears has a different purpose, such as bevel gears are used to change the rotational motion to a different axis. Spur gears are used to this effect in washing machines, blenders, clothes dryers, construction equipment, fuel pumps, and mills. Lower gear ratios in the transmission and the back of the car allow for faster speed, but slower acceleration. Higher gear ratios in the transmission and the back of the car allow for slower faster speed but faster acceleration (Yoshino, 2014). Changing the gear ratio would affect how fast a car would go in with each ratio. The gear ratio of a gear train, also known as its speed ratio, is the ratio of the angular velocity of the input gear to the angular velocity of the output gear. The torque ratio of a gear system is also known as mechanical advantage, this is determined by its...
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...The anonymity of Wikipedia does add on to the need to cover, while also appealing to others who may not want to make their opinions publicly known. The use of technology has the ability to allow any and everybody to make their stance on an issue known, regardless of if they want their identity to be made public or not. The new civil rights movement has the potential to grow and flourish into something much greater than it already is with the use of technology because it gives people a voice they may not have beyond the internet, to make it even easier to make universal issues known to others, and to spread information about the creation of the new civil rights. In “The New Civil Rights” Yoshino states that “The new civil rights must harness this universal impulse toward authenticity (Yoshino 483)” and the collaborative effort that is Wikipedia and its neutral point of view does encourage the need to cover. If there is such a need for a lack of bias, then a person cannot expect to make their opinion known without receiving feedback from others because that is the way today’s society functions. It is unheard of for someone to state their thoughts and not generate some sort of opposition or response from other people who may not agree with their point of view. The fight for a neutral point of view takes some effort from everyone who has an opinion on the matter. “Authors were enjoined to present the conventionally acknowledged ‘facts’ in an unbiased way, and, where arguments occurred...
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...Article Rebuttal BCOM275 The subject of this paper is a rebuttal to an article that focused on Proposition 8 that was introduced to the state of California in 2008. This paper will argue against the statements that the author said and give insight into how the author’s statements were misleading. First Statement “Now, two years later, though a federal court has declared Proposition 8 invalid under the U.S. Constitution, it nonetheless remains in effect. This state of affairs persists even though most people now support equal marriage rights…” (Brill, 2011). Brill is making a misleading comment here by saying that most of the country is in support of equal marriage rights. By stating that most of country now supports equal marriage rights is a bit of an exaggeration. According to the Pew Research Center, Americans for the majority are still opposed to same sex marriages by the tune of 46% against it (Pew Research Center, 2011). The results from the poll also showed that there was 9% that voted “do not know” and they were counted in with those that were for same sex marriage (Pew Research Center, 2011). Second Statement “The initiative proponents, however, have appealed. Now the California Supreme Court must decide whether unelected and unaccountable initiative proponents have the power to trump the judgment of the democratically elected attorney general” (Baume, 2011). This statement by the author is a way of classifying or assuming that all the people...
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...Crown Creative Co - challenging the future( Introduction Fusahiko Yoshino, the young Senior Managing Director of Crown Creative, glanced at his watch. It was a cold winter morning and he was in a hurry for his new office in Chiyoda-ku where the best shops for sports wear in Tokyo can be found. He was going to miss the ski season this year and this made him a little angry. Until he has accepted the management of the company from his father – the old Takiyoshi Yoshino, he was a "cool" guy exploring the fashion world, a person whose mission was to keep abreast of the ever-changing fads of Tokyo. "The people in the streets are very creative and we have to be even more," Fusahiko thought while entering the office. He was still wondering whether to take the risk of launching his own newly designed brand or to rely on the world known fame of Kangol. Company background The history of Crown Creative Co. started in 1981, when Crown Fancy Goods Co. Ltd was established by Tokiyoshi Yoshino. Crown was set up to design, produce, sell and distribute stationery and plastic products. The company soon expanded its operation due to orders placed by Coca Cola for long-term supply of stationery. This first success was caused not only by the company’s capability to meet high quality requirements of its clients but also to the negotiation skills of Takiyoshi who managed to strike several mutually beneficial licensing contracts. That’s why he decided to establish his own licensing...
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...“Renault-Nissan Alliance” Case Report "I pledge on my honor that I have not given or received any unauthorized assistance on this assignment/ examination." 1.What are the strategic reasons for the Renault-Nissan alliance? Strategic alliances are voluntary arrangements between firms that involve the sharing of knowledge, resources, and capabilities with the intent of developing processes, products, or services (Rothaermal 244). The most common reasons firms enter into strategic alliances are – * To strengthen competitive position * To enter new markets * To hedge against uncertainty * To access critical complementary assets * To learn new capabilities (Rothaermal 245). The Renault-Nissan alliance was not an exception to the aforementioned reasons. In the late 1990s, Nissan was falling apart, with consistent drop in its auto sales and poor returns. It had been losing market share for 27 years in the Japanese market and by 1999 it had about $20 billion in debts. Analysts attributed Nissan’s bland styling, infrequent model changes, high manufacturing and parts costs, and bureaucratic decision-making to its poor performance. At the time when Nissan was looking for somebody to bail them out of their financials crisis and put the on the profits, Renault came to their rescue. Renault was a maker of small- to medium-size cars with consistent, but slim profit margins. It sold 85% of its automobiles in Western Europe with third of them in France. Renault had...
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...Crown Creative Co - challenging the future( Introduction Fusahiko Yoshino, the young Senior Managing Director of Crown Creative, glanced at his watch. It was a cold winter morning and he was in a hurry for his new office in Chiyoda-ku where the best shops for sports wear in Tokyo can be found. He was going to miss the ski season this year and this made him a little angry. Until he has accepted the management of the company from his father – the old Takiyoshi Yoshino, he was a "cool" guy exploring the fashion world, a person whose mission was to keep abreast of the ever-changing fads of Tokyo. "The people in the streets are very creative and we have to be even more," Fusahiko thought while entering the office. He was still wondering whether to take the risk of launching his own newly designed brand or to rely on the world known fame of Kangol. Company background The history of Crown Creative Co. started in 1981, when Crown Fancy Goods Co. Ltd was established by Tokiyoshi Yoshino. Crown was set up to design, produce, sell and distribute stationery and plastic products. The company soon expanded its operation due to orders placed by Coca Cola for long-term supply of stationery. This first success was caused not only by the company’s capability to meet high quality requirements of its clients but also to the negotiation skills of Takiyoshi who managed to strike several mutually beneficial licensing contracts. That’s why he decided to establish his own licensing...
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