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SOC FPX 2000 Assessment 5 Comparing Politics-Law-Policy and Power

SOC FPX 2000 Assessment 5 Comparing Politics-Law-Policy and Power

  • SOC FPX 2000 Assessment 5 Comparing Politics-Law-Policy and Power.

Comparing Politics, Law, Policy and Power

From as far back as two thousand and even more years, Americans have been split into halves when it comes to issues concerning same-sex marriages. Among marriage rights, the one regarding same-sex marriage has also shifted over several years depending on the society’s attitude towards the LGBTQ+ community. Still, the state’s policies have not been similar to each other; there were liberal states ley there were conservative ones too. This paper will analyse the policies of two states, Florida and Texas, with a special focus on the same-sex marriage issue.

This is because there may be some lessons to be learned on which aspects of legislation involve more or less sociological reasoning, how policies develop, and the part sociology plays in lawmaking. To that end, the following analysis will focus on such aspects as which sociological theories these governments have applied in forming their policy decisions and if these assessments were made based on the sound knowledge and evidence at their disposal.

Theoretical Perspectives of Power in Approaches to Same-Sex Marriage

Employing different conceptualizations of power, we shall look at two states’ positions on the issue of homosexual unions. The elite power thesis assumes that the powerful few people with a lot of wealth and influence dictate the affairs of society (Bell & Reed, 2021). There are the Texas Values, the Texas Public Policy Foundation and the Republican-dominated Texas government that has been instrumental in shaping public policy in the Lone Star State that does not recognize same-sex marriage (Magee, 2022). You can observe it in the governmental policy of the state; they actively advocate traditional family values and are against same-sex marriages.

Same-sex marriage on the other hand was legalised in Florida in 2015 implying that the state is rather moderate with regards to the issue (Pennington, 2020). Thus, the concept of pluralism may explain the presence of this variation at the actual grassroots level. What this theory postulates is that public policy is a function of power distribution in a society where there are many groups and each group has its own interests. In Florida progressivism, gay rights groups, and business tycoons combined forces and were able to make same-sex marriage legal (Encarnacion, 2020). A good unity of such organizations was vital in reversing this decree by altering the perception of the public and policy on this front against conservative forces.

This brings the Marxist theory into perspective whereby power is located in economic relations and class struggle – another possible angle from which one can get an understanding why Florida and Texas have not responded to same-sex marriage in an identical manner. Given the current political climate in Texas, one can only fear that conservative policies will help the upper class entrench its power further. In contrast, minority people in Florida may find something to support and at the same time oppose the state’s relatively liberal approach to the issue of same-sex marriage.

Politics Regarding Same-Sex Marriage

Depending on Florida and Texas in relation to same-sex marriage have a very distinct approach in comparison to each other. Who are the major players involved in formulation and the actors participating in the formulation and the creation of policies and laws? This is the politics of the methods. Especially, Texas is recognized as the state where the Republican Party has dominated for years to a firm grip on the Texas legislature. It is also worthy of note that the Republican party has had an issue with marriage between people of the same gender (Arceneaux, 2022). Texas has continued to do this.

SOC FPX 2000 Assessment 5 Comparing Politics-Law-Policy and Power

The governor and attorney general of Texas have said that they will appeal the decision. That was in 2020, this year as stated by Coley. Meanwhile, Florida is much more balanced, both Republicans and Democrats are able to actively participate in the formation of state politics. Voters in Florida processed the definition of marriage in the year 2008 by means of a constitutional amendment that was similar to the one in Texas. However, the prohibition was annulled by a federal court in 2014 and the marriage of the same-sex became legal in 2015 only (Rosky, 2022). Most Republicans have embraced the legalisation of same-sex marriages and have not prioritised such an issue, even though some have rejected it, such as the present Governor of Florida, Ron DeSantis.

  • Differences in Politics and Application

This is a testimonial to the divergence of the political systems of Florida, an interior state of the United States and Texas, another interior state of the United States. Because the Republicans control politics at the state level in Texas they have been able to resist federal judgments and continue to uphold the idea of marriage as only between one man and one woman. State legislature Christian conservatives have agitated for this position.

In Florida however, the political climate is much less extreme and even the Republican politicians have come to embrace same-sex marriage. Same-sex marriage and other rights remain extremely limited for members of the LGBTQ+ community in Texas because of social and legal barriers, and the future of those rights is largely in the hands of the Republican-controlled legislature. It should however be noted that same-sex couples in Florida bask in higher levels of social acceptance as well as more robust legal protection.

State Policies Affecting Population Migration

It would be hermeneutically naïve to ignore the historical development of each state’s policy on same-sex marriage in understanding the influence that regulations within states might have on the movement of populations. Florida and Texas have been experiencing rapid growth in the last few years (Pennington, 2020). High temperatures, beautiful climate and a vast number of activities that can be of interest to elderly people make Florida the favourite retirement state.

On the other hand, the increasing number of new job vacancies and reasonable average living cost has seen Florida lure families and young people in recent past. Texas, however, has always been associated with young professionals being attracted to the major cities because of its economy and friendly climate for business.

The historic migration to states such as Florida and Texas could partly answer the question of the vectors of state regulation of same-sex marriage. For example, people who are young professionals and families who value diversity and inclusiveness are also likely to change their minds about moving to Florida if the state is more conservative on the issue of same-sex marriage. However, this means if Texas were to have a more progressive view on same-sex marriage or at least less discrimination against them, possibly more people from the community along with their allies would move there in search of a better environment.

For the reason that same-sex marriage has been legalized in some states but not in other states like Florida and Texas, the following demographic differences may have led to the difference.

For instance, while examining Texas, and its 16. Current: 5% of the population is 65 and over; Florida Advanced Statistic – Twenty (20) percent is the percentage of the population which is considered old. 5% (Nowotny, 2022). Some of the elderly people may be more likely to conform to traditional marital practices and cultural endowment values. The concentration of whites too is relatively higher in Florida as compared to Texas.

It has been Surveyed by Jones et al. in 2021 which reveals that more white evangelical Christians are likely to oppose same-sex marriage. One of these could be geographical factors whereby California could be much different from Texas in some ways, for instance, 95. That is 4% of the population of Florida and 86. , 2% of Texans live in metropolitan areas, respectively (U. S. Census Bureau, 2021). There might be some insight into the Floridian permissiveness of same-sex marriage: the state occupies a large urban area, which is generally more liberal and diverse (Bureau, 2021).

Other religious differences might be the difference in evangelical Christians in Florida and Texas where 24. 6 % of Floridians identified as evangelical Christians compared to 18. 3 % in Texas according to Pew Research Center 2021. On matters of social justice such as gay marriage, then the evangelical Christians are likely to be conservative. Finally, there are extreme differences between Florida and Texas regarding equal marriage rights for some people may be due to socioeconomic factors.

Florida’s median household income is $59,227 while the median income per household in Texas is $64,283 according to a survey conducted by the U. S Census Bureau in 2021. The rate of literacy in the state of Texas is also much higher than that of Florida since more people have a bachelor’s degree or even more – 30. 9% of the population in Texas against 28. 5% in the state of Florida (U. S. Census Bureau, 2021). It may be useful to analyze the issue of tolerance toward same-sex marriage in Texas and see whether there is any association between the level of education and income of the population of Texas and its political preferences regarding the issue.

Contrasts on Diversity Issues

It is therefore refreshing to report that when it comes to diversity in politics, policy and the law, Florida and Texas could not be more different. Two issues that clearly could be pointed out while comparing the two states are immigration and same-sex marriage. As far as same-sex marriage, one state, Texas has a constitutional ban against it while another, Florida changed its stance in 2015 after a federal ruling (Pennington, 2020).

The Texans have always supported their federal government to maintain high standards of immigration laws, deporting most of the illegal immigrants and restraining most of their rights. On the other hand, the people of Florida have passed legislation to protect the illegals from deportation and the state is relatively friendly to the immigrants.

Thus, it has been possible to reveal that policy and legislation gaps and inequalities translate into action by affecting the mobility of certain affected groups. For instance, following the federal court’s ruling to legalize Same-sex marriage, many homosexuals and lesbians rushed to Florida to adopt children and legally wed (Hiegert, 2020). Contrarily, the number of same-sex couples in Texas declined due to the state’s U. S intensified prohibition of the practice. This is true because there has been a reduction in the number of immigrants, including those who are living in Texas without legal permission. After all, the state has strict measures on the matter.

On the other hand, the migration is from the Latin American nations towards Florida because the state has comparatively more liberal immigration policies. It is for this reason that the directions of migrations in the future may vary depending on policy and legal differences between Florida and Texas. LGBTQ + couples may remain to relocate from Texas and go to other states that have already approved marriage between people of the same gender (Umberson et al., 2020). Likewise, if the immigration issue persists then Florida could find more immigrants flocking to a state which is friendly to immigration as opposed to states like Texas.

Historical Solutions for Discrepancies in Laws

In reviewing previous cases, we can find out how the states have dealt with diverse issues involving federal and state law conflicts. One of those areas, for example, was education in the early 1960s and 1970s when the Supreme Court of the United States of America ruled on desegregation in Brown v. Board of Education (Terbeek, 2021). While a few of the states initially resisted the order the process of desegregation of schools began and all states acceded to it in the end. Diversity-related issues that may be relevant in this case include same-sex marriage and immigration; the latter may learn something critical from this. That same decision also showed that federal law trumps state law in the event of a conflict.

As far as diversity issues are considered similar to the ones above, states that are not ready to change will have to alter their rules to meet the provisions of federal law. For instance, in the case of same-sex marriage. Some of the so-called States that have never recognized the union such as Florida and Texas may change their minds due to federal court rulings or national legislation.

One of the lessons of the successful decision of the Supreme Court in Brown v. Board of Education is that there must always be campaigning and action in addressing issues that require changes in legislation. Further, to eliminate segregation in the schools it took years of demonstrations, court battles, and social movements; it was not an overnight affair. On the same note, the advocates, organizations as well as people with concerns in such areas as immigration, will have to continue wrestling for reform on this front.

Remember, however, that not all problems are solvable in the way it’s done today. A clear example is the integration of schools which involved the handling of civil rights and equality for black people. The issues of immigration and same-sex marriage are also major Diversity and Human Rights issues, yet few people may rally against them, or scrutinize them in the same fashion that desegregation does. Such problems may call for slower and more diverse strategies and processes than earlier employed as a way of solving them.

Conclusion

A perhaps more effective way to comprehend such interactions includes the comparison of Florida and Texas in regard to same-sex marriage. These variations may be explained by referring to the power theories such as pluralism and power elite theory to cultural and demographic aspects. Although these different legislative stands have impacted each state’s LGBTQ+ community differently; for instance, more LGBTQ+ people are likely to move to Florida than Texas.

It needs to be stressed nevertheless, that answers from the past did not always address problems in the present. In order to develop the right policies and legislations that reflect the society’s diversity we need to be ready for the conversation and for continual learning. Read more about our sample SOC FPX 2000 Assessment 2 Diversity and the Media for complete information about this class.

References

Arceneaux, C. L. (2022). The struggle for inclusion: Patriarchy confronts women and the LGBTQ+ community. Emerging Globalities and Civilizational Perspectives, 119–161.

https://doi.org/10.1007/978-3-031-07904-7_4

Bell, K., & Reed, M. (2021). The tree of participation: A new model for inclusive decision-making. Community Development Journal57(4).

https://doi.org/10.1093/cdj/bsab018

Bureau, U. C. (2022). 2021 National and State Population Estimates Press Kit. Census.gov.

https://www.census.gov/newsroom/press-kits/2021/2021-national-state-population-estimates.html

Coley, J. S. (2020). Have Christian colleges and universities become more inclusive of LGBTQ students since Obergefell v. Hodges? Religions11(9), 461.

https://doi.org/10.3390/rel11090461

Encarnacion, O. G. (2020). The gay rights backlash: Contrasting United States and Latin America views. The British Journal of Politics and International Relations22(4).

https://doi.org/10.1177/1369148120946671

Heath, Q. (2022). LGBT recovery for intrusions on privacy: Revisiting privacy tort doctrine post-Obergefell. Boston University Journal of Science and Technology Law28, 135.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/jstl28&div=10&id=&page=

Hiebert, D. (2020). Patchwork protections in Kansas: The rise of religious exemption laws demands state-level LGBTQ antidiscrimination protections. Kansas Journal of Law & Public Policy30, 128.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/kjpp30&div=10&id=&page=

Jones, N. E., Malone, D. E., & Campbell, M. E. (2021). Same-sex and different-sex interracial couples: The importance of demographic and religious context. Race and Social Problems.

https://doi.org/10.1007/s12552-021-09340-5

Magee, C. (2022). The Politics Of Sexuality Education Policy In Texas. Public Health Theses School of Public Health. Retrieved March 03, 2023, from

https://elischolar.library.yale.edu/cgi/viewcontent.cgi?article=2172&context=ysphtdl

Nowotny, K. (2022). Age and COVID-19 mortality in the United States: A comparison of the prison and general population. International Journal of Prisoner Health.

https://doi.org/10.1108/IJPH-08-2021-

Pew Research Center. (2022). Religious Landscape Study. Pew Research Center’s Religion & Public Life Project.

https://www.pewresearch.org/religion/religious-landscape-study/state/florida/

Pennington, S. J. (2020). Two women and a baby: The effect of same-sex marriage on a presumption of maternity in a dual paternity state. Southern University Law Review48, 39.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/soulr48&div=6&id=&page=

Rosky, C. (2022). Don’t say gay: The government’s silence and the equal protection clause. The University of Illinois Law Review2022, 1845.

https://heinonline.org/HOL/LandingPage?handle=hein.journals/unilllr2022&div=53&id=&page=

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Umberson, D., Thomeer, M. B., Pollitt, A. M., & Mernitz, S. E. (2020). The psychological toll of emotion works in same‐sex and different‐sex Marital Dyads. Journal of Marriage and Family82(4), 1141–1158.

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