The First Amendment Anti-Discrimination Law - Free Essay Example

Sample details Pages: 9 Words: 2613 Downloads: 2 Date added: 2019/04/24 Category Law Essay Level High school Tags: First Amendment Essay Did you like this example? Introduction A baker started his day with a prayer and a cup of coffee. He collects all the ingredients for his cake recipe when a gay couple walks in and asks for a wedding cake, completely unaware of what would come for him after this July afternoon. In Masterpiece Cakeshop Inc. Don’t waste time! Our writers will create an original "The First Amendment Anti-Discrimination Law" essay for you Create order v. Colorado Civil Rights Commission, the court sheds light on the tensions between the First Amendment and Anti-discrimination laws, attempting to draw the line between individual freedoms and discrimination. The outcome of this case would fuel the ongoing fight for LGBTQ rights in the United States, especially under the new administration. The Supreme Court not only decides whether the application of Colorado’s Anti-discrimination law violates Free Speech or Free Exercise Clauses, but also how to balance the conflict between religion and homosexuality in today’s society. Roadmap This paper explains the facts of the Masterpiece Cakeshop case and highlights the relevant law and decision of the Colorado Court of Appeals. The paper discusses the issues at hand and pinpoints what the Supreme Court has to decide. It will provide a detailed explanation of the rationale of the Colorado Court of Appeals and touch upon the petitioner’s argument. Through a close analysis of both sources, this paper will explore the differences of the opposing parties and reveal the strengths and weakness of their arguments. Finally, the paper will conclude by proposing that the Supreme Court should uphold the Colorado Court of Appeals judgement. Statement of facts of the case In Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission, the petitioners were Colorado Civil Rights Commission on behalf of Charlie Craig, and David Mullins and the respondents were Masterpiece Cakeshop, Inc. and Jack C. Phillips. In Lakewood, Colorado, Craig and Mullins visited Masterpiece Cakeshop and asked Phillips to design and bake their wedding cake to celebrate their same-sex marriage. Philips politely declined and explained that he does not make wedding cakes for same-sex weddings because of his religious beliefs; however, he willingly offered to provide other baked goods as alternatives. Craig and Mullins filed discrimination charges on the basis of sexual orientation under the Colorado Anti-Discrimination Act. Craig and Mullins also filed a complaint with the Office of Administrative Courts claiming that Masterpiece had discriminated against them in a public accommodation because of their sexual orientation, also in violation of the Colorado Anti-Discrimination Ac t. The parties did not dispute any material facts and therefore filed cross-motions for summary judgement. The Colorado Court of Appeals affirmed the Commission’s decision in favor of the respondents. Masterpiece and Phillips appealed. Recitation of the relevant law There are two laws relevant in this case. The First Amendment prohibits laws â€Å"abridging the freedom of speech† and prevents congress from making laws that â€Å"prohibit the free exercise of religion.† The Colorado Anti-Discrimination Act (CADA) states that it is unlawful for a 2 person to refuse, withhold, or deny to an individual or a group â€Å"because of †¦ sexual orientation †¦ the full and equal enjoyment of goods services, facilities, privileges, advantages, or Masterpiece Cakeshop Ltd. v. Colorado Civil Rights Commission1 U.S. Constitution2 accommodations of a place of public accommodation.† In order to file a discrimination claim 3 under CADA, plaintiffs must prove intent and that the discriminatory action was based in whole or in part on their membership in the protected class. Statement of the issue and holding The issue is whether the application of the public accommodations law to design and bake a cake for a same-sex wedding, which conflicts with religious beliefs, violate the Free Speech or Free Exercise Clauses of the First Amendment. The Colorado Civil Rights Commission found Masterpiece Cakeshop Ltd. in violation of CADA. The Colorado Court of Appeals affirmed on the basis that the Colorado public accommodations law does not violate Phillips’ first amendment rights. The supreme court must decide if the application of the Colorado public accommodations law that compels Phillip to express beliefs that conflict with his religious views violates the Free Speech or Free Exercise Clauses protected under the First Amendment. Another issue is the scope of what constitutes â€Å"symbolically expressive† in warranting First Amendment protections. The court of appeals held that designing and creating a custom cake is a form of conduct and not expressive speech. The Supreme Court m ust also determine whether or not the art of baking constitutes speech or conduct. Explanation of the rationale of the court of appeals The Colorado Court of Appeals referred to previous United States Supreme Court decisions to support their rationale. Masterpiece asserted that its refusal to serve Craig and Mullin was solely because of their intended conduct to enter a same-sex marriage, and not â€Å"because of† their sexual orientation. The Supreme Court recognized that distinctions between discrimination based on status and discrimination closely related with status were generally inappropriate. When conduct is so closely correlated with a status, the conduct is predominantly performed by people with that status: Gays, lesbians, and bisexuals predominantly engage in same-sex marriage. Masterpiece admitted that it refused to serve Craig and Mullin because of its opposition to same-sex marriage, which the court established as closely correlated to sexual orientation. Conseq uently, the court can reasonably assume that Masterpiece’s decision involved an intent to discriminate because of sexual orientation. The court of appeals also referred to the Supreme Court decision in Elane Photography, LLC v. Willock 309 P.3d 533, 60-64. In 2006, Vanessa Willock attempted to hire Elane Photography to take pictures during her wedding ceremony; however, Elane Photography refused to provide service due to the owner’s Christian beliefs. In 2012, the New Mexico Supreme Court held that New Mexico’s anti-discrimination law extends to protect â€Å"conduct that is inextricably tied to sexual orientation.† They also referred to Elane Photography, LLC v. 5 Willock to address Masterpiece’s claim that it did not completely refuse service by offering alternative goods. Elane Photography offered other services; however, offering alternatives does not change the fact that it refused to provide services offered to the public. The court also raised the issue of whether the Commission’s cease and desist order violated the First Amendment by requiring Masterpiece to make cakes for same-sex weddings. In order to decide if conduct is â€Å"inherently expressive,† the court must determine if there were any intentions of conveying a message and whether â€Å"the likelihood was great that the message would be understood by those who viewed it.† The conduct in question was the Colorado government’s mandate that Masterpiece must comply with CADA. The court concluded that selling wedding cakes to all customers, regardless of sexual orientation, does not communicate a celebratory message about same-sex weddings to a reasonable observer. It reasoned that the public would have no way of knowing if Masterpiece decided to serve their customers because of its views on same-sex marriage. The court also deduced that the fact that a business charges for its services reduces the likelihood that someone would believe that Masterpiece supports the message reflected in its products. The court made another reference to Elane Photography, LLC v. Willock 309 P.3d 533, 60-64. In 2012, New Mexico Supreme Court held that â€Å"while photography may be expressive, the operation of a photography business is not.† New Mexico’s public accommodations law did not force the 7photographer to convey a message, but rather mandated tha t the business as a public accommodation cannot discriminate against potential clients. By precedence, the court similarly concluded that CADA did not compel expressive conduct. Masterpiece’s argument (that the Commission focused on the conduct rather than the product) prompts the threshold question whether the compelled conduct was â€Å"sufficiently expressive.† The court determined that the Commissions order was not â€Å"sufficiently expressive† to call for First Amendment protections. It recognized that a wedding cake may convey a certain message in some circumstances; however, Philips refused service before discussing the cake’s design and hence, evidence of Craig’s and Mullin’s wedding cake details were not relevant to the case. The court also held that under CADA, Masterpiece is not obligated to agree with the views of its customers and can out rightly say so. By doing so, â€Å"such a message would have the effect of disassociating Masterpiece from its customers’ conduct.† In dealing with Free Exercise of Religion, the court concluded that CADA is a neutral law of general applicability, and hence, does not violate the first amendment. To support its argument, the court referred to Smith, 494 U.S. at 877. In 1990, the court concluded that the Free exercise clause â€Å"does not relieve an individual of obligation to comply with a valid and neutral law of general applicability† on the basis that the law forbids action that the religion requires, and vice versa. If the law burdened a religious practice, the law must be justified with â€Å"compelling government interest.† The court held that CADA was generally applicable because 9 it did not exclusively exempt secular conduct. In response to Masterpiece’s claim that CADA was not generally applicable because of its exemptions for bona fide relationships, the court mentioned that such circumstances do not discriminate on the basis of religion, and on face value, apply to both religious and secular conducts. CADA only exempts public accommodations that are principally used for religious purposes. The court also concluded that CADA was neutral. Masterpiece argued that CADA was not neutral because it exempts entities used for religious purposes, but not Masterpiece. The court held that Masterpiece was not exempt because the bakery was not primarily used for religious purposes. The court also added that, logically, the existence of an exemption for religious entities undermined the claim that the law discriminated against Masterpiece’s religious standpoint. The court of appeal concluded by establishing that the hybrid rights claim did not apply because the court had already decided that the Commissions cease and desist order did not violate Masterpiece’s right to expression. The court also held that, although the Colorado Constitution requires that it reviews neutral laws of general applicability under strict scrutiny, Colorado appellate courts have consistently relied on federal precedent when reviewing free exercise claims. The court concluded that CADA is â€Å"rationally related† to Colorado’s interest in eliminating discrimination in public accommodations. It mentioned that discrimination based on sexual orientation, especially in places of public accommodation, have adverse economic effects. Explanation of the petitioner’s argument The Petitioner focused on four main arguments against the holdings of the Colorado Court of Appeals. First, the petitioner claimed that the court reasoning conflicted with the Supreme Court’s compelled speech precedent, in that the court of appeals held that the state can compel Phillips to create a wedding cake that promotes a message he did not agree with and rob him of ownership over any message portrayed in his art. In other words, Phillip’s custom wedding cakes constitute speech and therefore, the state cannot compel him to create speech. Secondly, the petitioner argued that the holding that Phillip’s art was conduct and not speech directly conflicts with rulings by the Ninth and Eleventh Circuits. The Ninth and Eleventh courts essentially determined that the art of tattooing was pure expression â€Å"entitled to full constitutional protection.† The petitioner argued that the Ninth and Eleventh Circuit would have concluded that Phillip’s custom wedding cakes were pure speech. By minimizing the â€Å"creative process† as merely actions, the court of appeals avoided strong precedent against compelled speech. Alongside arguing that the court’s decision (that artistic cakes are non-expressive) fuels conflict in what is considered expressive, the petitioner believed that the ruling that Phillips violated CADA conflicts with the Supreme Court’s free-exercise precedent and the decisions by the Third, Sixth, and Tenth Circuits. The petitioner argued that by rejecting religious beliefs as a valid reason for declining an order, the Commission â€Å"singled out† Phillips’ religion for â€Å"discriminatory treatment.† In similar cases, the Commission considered the baker’s objection as â€Å"message-based† except of Phillips . Analysis The biggest difference in interpretation lies in logical versus emotional approach of the opposing parties. The court of appeals argued that the commissions order, â€Å"even if compelled by the government,† did not warrant first amendment protections because it was not sufficiently expressive. However, the petitioner argued that the mere idea that the government can compel conduct, even if it is justified, violated the constitution. Hence, the compelled speech doctrine should cease to exist on the basis that historically and in this case, the government had overstepped and â€Å"magnified the intrusiveness† of its order. Like the state cannot force people to recite the Pledge of Allegiance, it cannot force Phillips to conceive and form art that delivers a message that he does not agree with. Yet, the court of appeals explicitly stated that the compelled conduct was just that Masterpiece act in accordance with CADA by not basing its decision to serve a client on sexual orientation. If Masterpiece wishes to sell wedding cakes to heterosexual couple, it must also sell wedding cakes to same-sex couples in the same manner. Though the appeal of the petitioner’s argument lied in the idea that Colorado expects him to develop a custom design that celebrates homosexual marital union and physically create a wedding cake, which is typically very labor-intensive, the argument falls short by not distinguishing Phillips as a cake artist from that of a hairdresser or caterer. To add, the petitioner did not take into consideration that Phillips declined to serve Craig and Mullins before even discussing what they wanted in their wedding cake. As reflected in the explanation of the rationale of the court, the court of appeals took a very logical and organized approach when ruling that Phillips’ custom wedding cakes was conduct. The court could not determine if Craig’s and Mullin’s desired wedding cake constituted symbolic speech because, again, Philips declined Craig’s and Mullin’s request before any discussion about the cakes design. The petitioner responded by referring to the Ninth Circuit holding in Anderson v. City of Hermosa Beach, where the Ninth Circuit ruled that a tattoo is a form of expression â€Å"entitled to full constitutional protection.† It held that speech should not lose First Amendment protections based on the kind of surface it is applied. The petitioner argues that Phillip’s cakes are no less art than tattoos, composed of words, abstract or realistic images, and symbols, â€Å"all of which are protected forms of expression.† Although the petition er claims that the court of appeals â€Å"evaded strong precedent† by declaring the art of baking wedding cakes as conduct, there is doubt whether the Ninth Circuit holding can even apply. The tattoo parlor did not violate any law, where Masterpiece cake shop ran into conflict with the public accommodations act. At this point, the petitioner seems to be picking at strings in efforts to work around the structured approach of the court of appeals, perhaps attempting to draw sympathy from the Supreme Court. It is also interesting to note the emotional, descriptive, emotional diction in the petitioner’s argument as contrasted to concise, stern diction of the court of appeals. Conclusion The Supreme Court should affirm the Court of Appeals decision that the Colorado public accommodations law does not violate Phillips’ first amendment rights. Although a grey area exists in where to draw the line between discrimination and freedom of speech or religion, the Court of Appeals proposed the stronger argument. At the end of the day, CADA is not telling Masterpiece to completely alter his views on same-sex marriage, but rather, to simply offer service to all people, regardless of sexual orientation, if it wishes to operate as a public entity. As mentioned earlier, this case plays a huge role in ongoing fight for LGBTQ rights.

Public Health Policy And The Care Crisis - 942 Words

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Natural Resources and Environmental Ethics Free Essays

Natural resources essentially belong to everybody else if we are to agree with the presumption that resources are originally made available for the inhabitants of the planet including animals, plants and humans (L. 172). Not surprisingly, contemporary movements have rapidly spread across the globe like wildfire, pushing for the proper allocation of resources as well as the proper handling or management of these resources. We will write a custom essay sample on Natural Resources and Environmental Ethics or any similar topic only for you Order Now The foundation for the claims of several pro-environment organizations is the idea that natural resources are for public consumption under controllable or permissible amounts. But how do we know if what we are taking is just in the proper number? How do we know if we already exceed the threshold? Part of the answers to these critical questions can be traced from the idea that human beings worldwide use various natural resources in many ways (Freeman 35). In more recent times, the global population of human beings has increased sharply, especially in countries that fall under the less-developed nations. With the economic status of every country responsible in a way to the total wealth of these nations, it is inevitable that an unstable economy will bring about harsh impacts to the living conditions of its citizens. And while the population mounts incredibly every year, the lowered economic stability of the less-developed countries will most likely prompt those who belong to the lowest point of the social ladder to obtain whatever they can from the natural resources (Burns 444). As one will observe, an increasing number of people whose lives depend on the immediate or at least available natural resources will most probably result to a sharper decline in the quantity and quality of these natural resources. Take for example India whose population outnumbers almost every country in the world. With a steady growth of the population and with a national economy just enough to supplement the lives of a few, the people of India tend to obtain whatever they can from the country’s natural resources (Bach 157). Sum all of these individuals altogether by the millions and the decline in the quality and quantity of the natural resources will proportionally decrease—or perhaps even more than that. This and other related issues involved in the dwindling of the natural resources have caught the attention of the world. This indicates that the problem is not a small one that easily abates. Rather, having the rest of the world pin their attention to the central problem of handling natural resources is a huge indicator that the problem existing are serious. Further, it also indicates the idea that the world may have taken more than what it needs or, at the least, the world has consumed beyond the amount it can handle. In fact, the very existence of the problem of the dwindling of the natural resources is enough to indicate that the limit has been reached and the time to recess from activities that consume a lot of these resources should be taken urgently (Randall 144). Yet it remains a fact as well that people need these natural resources in order to live. Natural resources such as fossil fuels and water are primary elements that comprise the needs of almost every other nation in the world. While fossil fuels and water both share the primary goal of prolonging the life of man and the society, their depreciating amounts and quality both share several effects (Knight 183). Nevertheless, it is beyond question and doubt that these natural resources are needed to further the lives and activities of mankind. And in order to completely realize this goal, it must also be the case that humanity should learn how to preserve what little they have left. Otherwise, these natural resources may soon dry up or degrade in quality. Thus, numerous global efforts have since been established in order to meet and counter the unwanted effects of overusing or abusing the remaining natural resources. At the core of all these efforts dwells the central message that the environment must be protected in order to meet these established goals. One example to this is the fact that a number of countries resort to crafting legislations that seek to undermine the perceived ill-effects of a nation bereft of natural resources. Private entities and non-government organizations also share an equally significant role in deterring these unwanted effects of the decline in the natural resources. There are various measures being advocated and called for by numerous environmental organizations that operate in many different countries. Nevertheless, the point is that the environment must be preserved and protected for human life depends on it as well as the coming generations. However, it remains a fact as well that there are already existing and proliferating problems with regard to the depletion and overconsumption of the natural resources that the world has left. This is why there are organizations that seek to combat these unwanted instances. Quite apart from the fact that the government has a significant role in countering the dwindling amounts of natural resources (Cotner 90), big and private corporations also share an equal amount of responsibility—if not more—in sustaining the natural wealth in the environment. Yet there is the presence of the negative conditions of these natural resources. This only indicates the idea that tasks were not properly enforced or performed in protecting the environment. The decline in the natural resources can be attributed to the lack of rules and regulations that prohibit and prescribe certain actions of man towards the environment. With the absence of laws that seek to sustain and uplift the status of the environment, it is no surprise that there exist the corresponding effects on the natural resources. Moreover, the lack of governmental commitment in addressing these issues also contributes to the continuing degradation of these resources (Toothman 69). Another thing is that there are corporations and other business establishments that utilize a certain fraction of the natural resources yet fail to meet or at least craft proper business ethics that will guide their company’s actions in the proper path. Without these ethical principles of conduct, business establishments then have all the freedom to consume everything they want more than what they need and to use them in whatever possible way one can conceive of. The protection of these natural resources should not be taken to mean as a sole responsibility of the government or of the corporations. Rather, public and private individuals should also take part in the call for the protection of the environment. Environmental groups can lobby in congress possible bills that will address the existing environmental problems or will ensure the protection of the natural resources by imposing functional sanctions to those who seek to deter the law with regard to the environment (Kinney A144). The congress is one of the most recognizable public places that give voice to individuals and groups that further goals that concern the entire nation and even the rest of the world. One of the most notable examples to the volumes of campaigns that have been pushed forward under the banner of environmental protection is the campaign of Al Gore. In his seminar documentary entitled An Inconvenient Truth, Gore discloses before the public the root causes, existing conditions, and future implications of global warming (Tenenbaum A366). His campaign does not only involve the call for a larger and more unified response from the people all over the world. Rather, his campaign also gives full credit to the simple efforts individuals do in their homes and in their locality in order to preserve the natural resources and reverse the ill conditions that beset our natural environment today. There are still many unheard-of documentaries and seminars worldwide that seek not only to inform the public and increase their awareness on the issues that tackle natural resources but also provide alternatives and solutions to the lifestyles and habits of humanity that appear as one of the root causes of the degradation of the natural resources. It remains a fact that there are already existing efforts in countering, or at least lessening, the current environmental degradation we have today. It also sends us the idea that while there are environmental groups that seek to promote the status of the environment our natural resources can never be safely returned to its healthy state. The more important question remains: how do we save our environment for the coming generations? Before solutions can ever be thrown upon this question, one must first recognize the more essential question: who has the responsibility? The answer seems obvious as the fact remains that natural resources primarily belong to the public—hence, the idea that the responsibility dwells not on a single group or individual but to every other person in the world, who has existed, is existing, and will exist. Part of being human is the necessity to preserve the natural resources that contribute to the very existence of the whole humanity. Yet the list of the responsible people does not simply end there. Rather, it is only the beginning of a grander scheme—that is, governments and corporations are also required to partake in the global efforts to salvage the natural resources and prevent them from eventually being consumed in whole with nothing left but memories in the basin of human forgetfulness. This brings us back to the first question posed: how do we save our environment for the generations to come? The answer may seem trivial and difficult to comprehend at first. Yet, it seems that nothing can be easier to answer than the question just given basically because human consumption necessitates human awareness of what is being consumed. What are being consumed are the natural resources of the world which belong to the public. By being aware that these natural resources are in limited supply, proper care must be given to these resources through every possible means no matter how big or how small it may be. To save the environment for the next generation means to come up with all things possible in order to prolong the remaining resources, and to come up with these things is to be able to actualize them no matter where the individual resides or what group he or she belongs to. References Bach, George Leland. â€Å"Economic Requisites for Economic Stability.† The American Economic Review 40.2 (1950): 157. Burns, Arthur. â€Å"Progress Towards Economic Stability.† The American Economic Review 50.3 (1960): 444. Cotner, Melvin L. â€Å"A Policy for Public Investments in Natural Resources.† American Journal of Agricultural Economics 51.1 (1969): 90. Freeman, Otis W. â€Å"Natural Resources and Urban Development.† Annals of the American Academy of Political and Social Science 242 (1945): 35. Kinney, Joe. â€Å"Addressing Global Warming.† Environmental Health Perspectives 111.3 (2003): A144. Knight, Richard L. â€Å"On Improving the Natural Resources and Environmental Sciences: A Comment.† The Journal of Wildlife Management 57.1 (1993): 183. L., W. â€Å"The Real Origins of Property in Natural Resources.† American Journal of Economics and Sociology 45.2 (1986): 172. Randall, Robert H. â€Å"Conservation of Natural Resources.† Annals of the American Academy of Political and Social Science 206 (1939): 144. Tenenbaum, David J. â€Å"Global Warming. The Soot Factor.† Environmental Health Perspectives 109.8 (2001): A366. Toothman, Stephanie S. â€Å"Cultural Resource Management in Natural Areas of the National Park System.† The Public Historian 9.2 (1987): 69. How to cite Natural Resources and Environmental Ethics, Essay examples Natural Resources and Environmental Ethics Free Essays Natural resources essentially belong to everybody else if we are to agree with the presumption that resources are originally made available for the inhabitants of the planet including animals, plants and humans (L. 172). Not surprisingly, contemporary movements have rapidly spread across the globe like wildfire, pushing for the proper allocation of resources as well as the proper handling or management of these resources. We will write a custom essay sample on Natural Resources and Environmental Ethics or any similar topic only for you Order Now The foundation for the claims of several pro-environment organizations is the idea that natural resources are for public consumption under controllable or permissible amounts. But how do we know if what we are taking is just in the proper number? How do we know if we already exceed the threshold? Part of the answers to these critical questions can be traced from the idea that human beings worldwide use various natural resources in many ways (Freeman 35). In more recent times, the global population of human beings has increased sharply, especially in countries that fall under the less-developed nations. With the economic status of every country responsible in a way to the total wealth of these nations, it is inevitable that an unstable economy will bring about harsh impacts to the living conditions of its citizens. And while the population mounts incredibly every year, the lowered economic stability of the less-developed countries will most likely prompt those who belong to the lowest point of the social ladder to obtain whatever they can from the natural resources (Burns 444). As one will observe, an increasing number of people whose lives depend on the immediate or at least available natural resources will most probably result to a sharper decline in the quantity and quality of these natural resources. Take for example India whose population outnumbers almost every country in the world. With a steady growth of the population and with a national economy just enough to supplement the lives of a few, the people of India tend to obtain whatever they can from the country’s natural resources (Bach 157). Sum all of these individuals altogether by the millions and the decline in the quality and quantity of the natural resources will proportionally decrease—or perhaps even more than that. This and other related issues involved in the dwindling of the natural resources have caught the attention of the world. This indicates that the problem is not a small one that easily abates. Rather, having the rest of the world pin their attention to the central problem of handling natural resources is a huge indicator that the problem existing are serious. Further, it also indicates the idea that the world may have taken more than what it needs or, at the least, the world has consumed beyond the amount it can handle. In fact, the very existence of the problem of the dwindling of the natural resources is enough to indicate that the limit has been reached and the time to recess from activities that consume a lot of these resources should be taken urgently (Randall 144). Yet it remains a fact as well that people need these natural resources in order to live. Natural resources such as fossil fuels and water are primary elements that comprise the needs of almost every other nation in the world. While fossil fuels and water both share the primary goal of prolonging the life of man and the society, their depreciating amounts and quality both share several effects (Knight 183). Nevertheless, it is beyond question and doubt that these natural resources are needed to further the lives and activities of mankind. And in order to completely realize this goal, it must also be the case that humanity should learn how to preserve what little they have left. Otherwise, these natural resources may soon dry up or degrade in quality. Thus, numerous global efforts have since been established in order to meet and counter the unwanted effects of overusing or abusing the remaining natural resources. At the core of all these efforts dwells the central message that the environment must be protected in order to meet these established goals. One example to this is the fact that a number of countries resort to crafting legislations that seek to undermine the perceived ill-effects of a nation bereft of natural resources. Private entities and non-government organizations also share an equally significant role in deterring these unwanted effects of the decline in the natural resources. There are various measures being advocated and called for by numerous environmental organizations that operate in many different countries. Nevertheless, the point is that the environment must be preserved and protected for human life depends on it as well as the coming generations. However, it remains a fact as well that there are already existing and proliferating problems with regard to the depletion and overconsumption of the natural resources that the world has left. This is why there are organizations that seek to combat these unwanted instances. Quite apart from the fact that the government has a significant role in countering the dwindling amounts of natural resources (Cotner 90), big and private corporations also share an equal amount of responsibility—if not more—in sustaining the natural wealth in the environment. Yet there is the presence of the negative conditions of these natural resources. This only indicates the idea that tasks were not properly enforced or performed in protecting the environment. The decline in the natural resources can be attributed to the lack of rules and regulations that prohibit and prescribe certain actions of man towards the environment. With the absence of laws that seek to sustain and uplift the status of the environment, it is no surprise that there exist the corresponding effects on the natural resources. Moreover, the lack of governmental commitment in addressing these issues also contributes to the continuing degradation of these resources (Toothman 69). Another thing is that there are corporations and other business establishments that utilize a certain fraction of the natural resources yet fail to meet or at least craft proper business ethics that will guide their company’s actions in the proper path. Without these ethical principles of conduct, business establishments then have all the freedom to consume everything they want more than what they need and to use them in whatever possible way one can conceive of. The protection of these natural resources should not be taken to mean as a sole responsibility of the government or of the corporations. Rather, public and private individuals should also take part in the call for the protection of the environment. Environmental groups can lobby in congress possible bills that will address the existing environmental problems or will ensure the protection of the natural resources by imposing functional sanctions to those who seek to deter the law with regard to the environment (Kinney A144). The congress is one of the most recognizable public places that give voice to individuals and groups that further goals that concern the entire nation and even the rest of the world. One of the most notable examples to the volumes of campaigns that have been pushed forward under the banner of environmental protection is the campaign of Al Gore. In his seminar documentary entitled An Inconvenient Truth, Gore discloses before the public the root causes, existing conditions, and future implications of global warming (Tenenbaum A366). His campaign does not only involve the call for a larger and more unified response from the people all over the world. Rather, his campaign also gives full credit to the simple efforts individuals do in their homes and in their locality in order to preserve the natural resources and reverse the ill conditions that beset our natural environment today. There are still many unheard-of documentaries and seminars worldwide that seek not only to inform the public and increase their awareness on the issues that tackle natural resources but also provide alternatives and solutions to the lifestyles and habits of humanity that appear as one of the root causes of the degradation of the natural resources. It remains a fact that there are already existing efforts in countering, or at least lessening, the current environmental degradation we have today. It also sends us the idea that while there are environmental groups that seek to promote the status of the environment our natural resources can never be safely returned to its healthy state. The more important question remains: how do we save our environment for the coming generations? Before solutions can ever be thrown upon this question, one must first recognize the more essential question: who has the responsibility? The answer seems obvious as the fact remains that natural resources primarily belong to the public—hence, the idea that the responsibility dwells not on a single group or individual but to every other person in the world, who has existed, is existing, and will exist. Part of being human is the necessity to preserve the natural resources that contribute to the very existence of the whole humanity. Yet the list of the responsible people does not simply end there. Rather, it is only the beginning of a grander scheme—that is, governments and corporations are also required to partake in the global efforts to salvage the natural resources and prevent them from eventually being consumed in whole with nothing left but memories in the basin of human forgetfulness. This brings us back to the first question posed: how do we save our environment for the generations to come? The answer may seem trivial and difficult to comprehend at first. Yet, it seems that nothing can be easier to answer than the question just given basically because human consumption necessitates human awareness of what is being consumed. What are being consumed are the natural resources of the world which belong to the public. By being aware that these natural resources are in limited supply, proper care must be given to these resources through every possible means no matter how big or how small it may be. To save the environment for the next generation means to come up with all things possible in order to prolong the remaining resources, and to come up with these things is to be able to actualize them no matter where the individual resides or what group he or she belongs to. References Bach, George Leland. â€Å"Economic Requisites for Economic Stability.† The American Economic Review 40.2 (1950): 157. Burns, Arthur. â€Å"Progress Towards Economic Stability.† The American Economic Review 50.3 (1960): 444. Cotner, Melvin L. â€Å"A Policy for Public Investments in Natural Resources.† American Journal of Agricultural Economics 51.1 (1969): 90. Freeman, Otis W. â€Å"Natural Resources and Urban Development.† Annals of the American Academy of Political and Social Science 242 (1945): 35. Kinney, Joe. â€Å"Addressing Global Warming.† Environmental Health Perspectives 111.3 (2003): A144. Knight, Richard L. â€Å"On Improving the Natural Resources and Environmental Sciences: A Comment.† The Journal of Wildlife Management 57.1 (1993): 183. L., W. â€Å"The Real Origins of Property in Natural Resources.† American Journal of Economics and Sociology 45.2 (1986): 172. Randall, Robert H. â€Å"Conservation of Natural Resources.† Annals of the American Academy of Political and Social Science 206 (1939): 144. Tenenbaum, David J. â€Å"Global Warming. The Soot Factor.† Environmental Health Perspectives 109.8 (2001): A366. Toothman, Stephanie S. â€Å"Cultural Resource Management in Natural Areas of the National Park System.† The Public Historian 9.2 (1987): 69. How to cite Natural Resources and Environmental Ethics, Essay examples

The Social and Economic Status and the Health Literacy

Question: How might the socioeconomic status and health literacy of your chosen group affect their access to good quality health care? Answer: The social and economic status and the health literacy of the disabled people and how it affects their access to good and quality health care Introduction The socio-economic status is generally defined as the combination of a number of vital necessities such house, profession and education. With regard to the person with disability the socio economic status is extremely poor for a wide number of reasons (Tolson, 2008). These people have a limited number of opportunities for income and they also have a lot of medical expenses. The entire family of the disabled people is affected as a result of the drawbacks. On the other hand health literacy can be considered as the capability to read and understand the use of information for making proper health decisions and follow the relevant instructions for the treatment. Research has shown that nearly fifty percent of patients generally do not understand the primary information related to healthcare (Tolson, 2008). When the health literacy decreases it minimizes the success rate of treatment and further increases the chances of error in medicine. In order to improve health literacy among people there has been a number of interventions that includes teach back methods, encouraging of patient questions and making improved health behaviors among people (Horridge and Wolff 2014). The given study is about the health literacy and social status of the people who are disabled and the conditions relating to the access to health care of these disabled people. The study explores the different avenues of the conditions of the disabled in the country and what are the health care problems they face as compared to the other non disabled patients (Sechoaro, Scrooby and Koen 2014). This study is a critical analysis of the status of the disabled in the country with regard to health care. Socio-economic status and health literacy of the disabled people Research has stated that among every five Australians at least one of them is disabled. Disabilities can occur at any point in any persons lifetime and among the kinds of disabilities some of them are visible while some have been latent. This happens irrespective of age, race, sex and social or economic backgrounds. However, people who are disabled are generally not recognized as the population group that is given priority in public health and practices relating to it. Even though there exists a huge population of disabled people in Australia there is very less evidence that shows this fact. The existing documents do not show that the health of the people with disability is bad as compared to the non disabled people having other diseases such as mental or oral health problems or people suffering from diabetes or obesity (Houghton 2012). Medical literature comprises of a lot of materials which elaborates about the medical conditions of disability and the causes of disability (The Lancet 2011). It has been observed that the differences in health is generally determined socially and are not related to the characteristics of disability in particular. With regard to the social conditions of these category of people it can be observed that they generally live in poverty, have insecure homes, hardly participate actively in work or education, and in most cases they are socially excluded. They also likely to face a lot of discrimination for their disability and according to WHO they also do not receive appropriate healthcare. This report defines disability and provides an overview of information regarding the health of people with disabilities and the underlying social determinants, using the population-based data that is available. Statistics state that in the year 2009, there are about four million people that amount to around eighteen percent who are found to be disabled in Australia. In another survey conducted in 2007 it was found that around forty six percent of the people are of the age between fifteen and sixty four who usually have severe issues of disability and they have reported to have very poor health as compared to those people who do not have disability (Kmietowicz, 2005). The non-disabled people in this regard are five percent. One of the vital causes of disability in Australia is the different diseases such as diabetes, cancer and other cardiovascular diseases and it has been observed that these diseases are increasing in a steady manner. Also people who have high dietary behavior also are more likely to have disability (Kmietowicz, 2005). It has been proven from research studies that the health of the disabled people is extremely bad as compared to that of the non-disabled population. It is known that people who are disabled would generally have a health condition or any impairment and hence the presence of a difference in the status of health is must. Nevertheless, the problem arises when the difference in the conditions arise which are not even remotely related to the health conditions or disability. The available data on health care of the disabled people is primarily of the adults within the age group of fifteen and sixty four and more precisely about the severe disabilities (The Lancet 2011). With the health of the people having disabilities the health and success of the careers are also related and it is this group that has a very low well being amongst all other groups in Australia (Munford 2005). According to research conducted around thirty-five percent of people having disabilities are observed to have poor health conditions as compared to only five percent of the people who do not have any difficulties. People who have very severe disabilities are generally reported with extremely bad self-reported health and research states that the percentage of such people who generally report of poor health is approximately forty five percent (Godziek, 2009). Regarding the mental health of the disabled people it is generally observed that such people have very poor mental health as compared to those people who have experienced the death of their spouse in a period less than a year (Drum, Krahn and Bersani, 2009). The young Australian adults or adolescents having disabilities usually are observing to have extremely reduced psychological health when compared to that of the non-disabled young adults and adolescents where the percent is only eight percent. Around one fourth of the people who have intellectual disability who seek professional support for any mental issue is approximately eleven percent as compared to the general population (Healey 2010). These people who have intellectual disability are the ones who live in depressed state. Disabled people having psychological distress are estimated to be around twenty-five percent of the total population whereas the general population having such psychological distress is approximately five percent. Considering the social determinants of health with regard to the people with disabilities it can be observed that these people are the most disadvantaged group in the continent of Australia. One of the main contributors towards the extremely poor health of these disabled people is the social and the economic disadvantage of these people. In most cases, these people have very poor income rate and they mostly live in very poor conditions as compared to those who are not disabled. The average incomes of these disabled people are also very low as compared to those disabled groups present in other countries. A survey in the year 2003 stated that the median personal income for the disabled people is approximately $225 whereas the people not having disabilities earn approximately $480 in a week. The income of the carers of the disabled people is approximately $237 in a week as compared to $407 who does not have any such roles. Further there are several reasons for this inequality in the income of the disabled people and their carers. One of the basic factors is the education of the disabled people. However studies have shown that disabled people have very low incomes despite having the same level of education as compared to that of the non-disabled people (Grover and Soldatic 2013). Among all the OECD countries it has been observed that Australia is one of the lowest relative income rates of the disabled people amongst the twenty-seven countries. There are countries such as Mexico where the income rates are not different for disabled and non disabled people. Conclusion From the above discussion it is quite clear that the status of the disabled people in Australia is extremely poor. With regard to their social or economic status or their health literacy these disabled people are very much deprived of the basic facilities that are available to the disabled in most of the other OECD countries. Evidence has revealed that as a result of experiencing deprivation continuously and being discriminated regularly further tends to increases the health problems of these people and also increasingly reduces their chances of employment and social participation. Hence it is extremely necessary to immediately take appropriate steps for improving the conditions of these disabled people. The health literacy and the socio-economic status of the people should improve and these people should be brought at par with the general people. References Drum, C., Krahn, G. and Bersani, H. (2009).Disability and public health. Washington, D.C.: American Public Health Association. Godziek, S. (2009). MDG 6--What about Disabled People?.Journal of Health Management, 11(1), pp.109-126. Grover, Chris, and Karen Soldatic. 2013. 'Neoliberal Restructuring, Disabled People And Social (In)Security In Australia And Britain'.Scandinavian Journal Of Disability Research15 (3): 216-232. doi:10.1080/15017419.2012.724446. Healey, Justin. 2010.Disability Rights And Awareness. Thirroul, N.S.W.: The Spinney Press. Horridge, Karen A., and Toni Wolff. 2014. 'Palliative Care For Disabled Children And Young People'.Paediatrics And Child Health24 (8): 343-350. doi:10.1016/j.paed.2014.01.006. Houghton, A. 2012. 'What Should Public Health Be Doing For Disabled People, And Why Aren't We?'.Journal Of Public Health35 (1): 2-3. doi:10.1093/pubmed/fds080. Kmietowicz, Z. (2005). Poorer health among disabled people to be investigated.BMJ, 330(7481), pp.8-0. Munford, R. 2005. 'Book Review: Constructions Of Disability: Researching The Interface Between Disabled And Non-Disabled People'.International Social Work48 (3): 362-363. doi:10.1177/002087280504800313. Sechoaro, Ernest J., Belinda Scrooby, and Daleen P. Koen. 2014. 'The Effects Of Rehabilitation On Intellectually-Disabled People A Systematic Review'.Health SA Gesondheid19 (1). doi:10.4102/hsag.v19i1.693. The Lancet,. 2011. 'Improvement Of Care For Young Disabled People In Australia'.The Lancet378 (9789): 373. doi:10.1016/s0140-6736(11)61190-2. Tolson, D. (2008). Guest Editorial: Health literacy in later life.International Journal of Older People Nursing, 3(3), pp.159-160.