I’m working on a law discussion question and need an explanation to help me understand better.
Please respond to the following TWO discussion post from my classmates with 250 words EACH, 1 reference EACH and a biblical viewpoint.
The original discussion post is: Topic: Rulings and Data
Thread: In Chapter 1, the author outlines the differences in the Cultures of Psychology and the Legal System by explaining the differences between rulings and data.
One of these explanations is that precedents influence current rulings in cases.
Discuss the possibility of cases for which there are no precedents and cases for which new laws are being enacted, such as gay marriage and child custody. Who has the rights to the child when both parents are mothers? Fathers? What about marriage between a naturally born male or female and a postoperative gender reassigned male or female? What happens in cases for which there are no precedents? How would students rule if they were judges?
1) Semechee- Precedents are past decisions on legal issues in cases that are as similar as possible to the current case. A legal arguments persuasiveness at tying the case to precedents is what the case often depends on. The key is not to sway too far from the established precedent. Judges’ decisions are based on the doctrine of stare decisis (let the decision stand). Psychology Scientists look at a more future oriented culture. They hold the belief that our current understanding of human behavior should be continually revised due to new and extensive data. (Constanzo & Krauss, 2018)
When there are no precedents and new laws are being enacted, who is granted the rights to a child when the parents are both mothers and fathers? Finding an end to a dispute, means establishing a clear binding ruling. The legal system cannot achieve perfect justice so it must settle for approximate justice through conflict resolution. In a democracy it is critical to resolve disputes in a way that is seen as fair and also promotes social stability. (Constanzo & Krauss, 2018)
Who has the rights to a child when both parents are mothers or fathers? All states deem the best interest of the child as the predominant factor stated that the U.S. Supreme Court in Troxel v. Granville recognized that a fundamental special liberty interest protected by Due Process Clause of the Fourteenth Amendment being, the parents right to care, have control of, and custody of their children. The court qualified this restraint with saying, “so long as the parent adequately cares for his or her children.” The Louisiana Supreme Court recognized that courts need to balance the biological paramount right to the custody of his or her child with the child’s substantive right to the custody of his or her child with the child’s substantive right to a custodianship that best promotes his or her welfare. Louisiana has not recognized a psychological parent-child relationship and no specific provisions exist in Louisiana regarding persons who have committed to same sex or heterosexual relationship in which one parent is the biological parent but both share responsibilities. The only alternative for a nonparent is to seek visitation rights. Yet under Louisiana Law, unless the nonparent is related by blood or affinity or is a stepparent, a nonparent does not have any right of action to pursue visitation. (Gros, 2018)
Many states have adopted preferred custody arrangements. This means that a particular type of custody-usually either joint legal custody, joint physical custody, or sole physical custody will be ordered by the court unless it can be shown it is not in the child’s best interest. (Costanzo & Krauss 2018)
There are different LGBT movements for challenging the rules and norms of government, but many states have banned same sex marriages. Children have equal rights under the constitution, but there are different rules that would apply pertaining to same sex parents.
When there are no precedent’s Judges would rely on laws and the constitution for decision making. The courts may not be able to partake in decision making unless other factors were involved such as discrimination or perhaps mistreatment of the child.
If students were acting as Judges they would also need to follow the written laws and decision-making process based on what is presented and follow the ethical standards.
Costanzo M., K. D. (2018). Forensic and Legal Psychology Psychological Science Applied to Law Third Edition. New York: Worth Publishers.
Gros, M. M. (2018). In the Case of Biology V Psychology Where Did my “Parent” Go? Family Law Quarterly, Vol 52 Iss 1 147-168.
Thomas Nelson Inc. (1987,1988,1991). The Holy Bible. Fort Worth, TX: World Publishing.
2) Mills- People typically think about it a few times before making any huge decisions. The exact process goes for the Supreme Court, where they only hear a few cases a year. They hear the most critical cases about new problems that arise in society and renders a decision. Cases, where there is no precedent, are hard to form judgments about because people must make sure they are doing the right thing for society. Gay and lesbian couples are not anything new, having been around since biblical times. They kept their relationships a secret for the most part throughout history. In Britain in the 1900s, they would try to reprogram people who were gay using electric shock and chemical therapy. According to Wilson (2013), gay couples did not receive any form of recognition before 2004 through the Civil Partnership Act that gave couples the legal rights identical to married couples because it met an emotional need. Bailey claims that the genuine homosexual condition is something that the subject can in no way be held responsible in itself making it morally neutral.
If I were a judge, it would be hard to make the right choice concerning these cases. When it comes to gay marriage and child custody, I do not think much has to change. They say it takes a village to raise a child, and I believe that is true. The most important thing when it comes to children is that they have someone that loves them and takes care of them. A parent’s job is to make sure that their child is safe and secure. They also should ensure that they can provide for the child financially. The parents must consider the child’s emotional stability that includes being there if they cannot sleep. Most things the courts consider when deciding where to place a child are the needs of the children, the parenting capabilities of each parent, and the mental health of all involved parties (Smith, 2017). The person who has the right to the child when both parents are mothers is the one that can take care of and provide for it. The mother has to have time for the child and put its best interest before themselves. When both parents are the father, the child should go to the one who can give it a happy and stable life. In a marriage between a naturally born male or female and a postoperative gender reassigned male or female, the child should go to who they love and love and help them grow as a person. When a case does not have a precedent, the judge must form new rules regarding the situation.
Smith, L., & Frazer, E. (2017). Child Custody Innovations for Family Lawyers: The Future Is Now. Family Law Quarterly, 51(2/3), 193-218. https://www.jstor.org/stable/26909465.
Wilson, M. W. (2013). From Sherwin Bailey to gay marriage: some significant developments in Christian thought since 1955. Modern Believing, 54(3). https://web-b-ebscohost-com.ezproxy.liberty.edu/eh…