This essay Brian Short v. The State of Florida has a total of 358 words and 2 pages.
Brian Short v. The State of Florida
The main issue in this case is whether the State of Florida violated substantive due process and the 14th Amendment to the US Constitution by depriving Brian and Jennifer of a protected liberty right to enter a marriage contract.
This is a due process case. Substantive Due Process is in the 14th Amendment - Section 1. "...nor shall any state deprive any person of life, liberty, or property, without due process of law..." (pp. 28 & 671). The relevant definitions here is the definition of liberty: "...a vast scope of personal rights. It also infers the absence of arbitrary and unreasonable government restraints on an individual's right to contract. (p. 24)
"The due process guarantee protects people from unfairness in the operation of both substantive and procedural law." Substantive law refers to the body of rules that determine the rights and obligations of individuals and collective bodies. All rights that the Court deems fundamental are included in the concept of due process. Those fundamental rights include intimate decisions relating to marriage, procreation, and education. The US Supreme Court decision are made on a case-by-case basis whether a right is fundamental. (p.26)
The Court examined this issue in Loving v. Virginia (1967), stated the decision as to whether to enter into an interracial marriage was a matter for Loving and his wife, not the Commonwealth of Virginia. The Court said that Virginia had no legitimate interest in the race of married people and could not prohibit black and white's from marrying one another.
Since the State of Florida had provided a limitation on the height of individual to which whom may enter into a contract of marriage in order to gain superior power in the athletic realm over other universities outside the state of Florida. It can be argued that the real motivation behind the law if for financial gain for the state university in the form of athletic popularity. Deprivation of the liberty of Brian and Jennifer's rights under the 14th Amendment to the US Constitution have been violated.
The court should rule in favor of the Brian Short.
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