Civil Rights

No, not in my opinion (explanation follows).

Pete Hernandez was indicted by a Jackson County, Texas, grand jury on murder charges in the death of Joe Espinosa. Prior to the trial, Hernandez's attorney filed a motion to quash the indictment and jury panel on the grounds that qualified Mexican-Americans were systematically excluded from the jury pool. The judge denied the motions, and Hernandez was subsequently convicted and sentenced to life in prison. The trial court's decision was upheld on appeal.

The US Supreme Court reversed the Texas State courts' decision, stating the Fourteenth Amendment Equal Protection Clause applied to more than two races, and that Mexican-Americans (and others) could not be excluded on the basis of race. This was a reasonable extension of prior interpretation of the Amendment.

In the opinion of the Court, Chief Justice Earl Warren cited a nearly identical case, Strauder v. West Virginia, (1879), as precedent. In Strauder, the Court declared otherwise qualified African-Americans couldn't be excluded from jury duty. Strauder was reaffirmed by numerous other cases, such as Gibson v. Mississippi, (1896), Carter v. Texas,(1900), Norris v. Alabama, (1935), etc. The Warren Court adhered to the doctrine of stare decisis, with the only exception being the particular group(s) to which the decision applied.

Texas State statistics demonstrated approximately 6-7% of Jackson County residents were qualified for jury duty under state law, indicating their total exclusion was a discriminatory practice that deprived Hernandez of equal protection under law.

While Hernandez overturned policies (and perhaps even statutes) in many states, it did not represent a significant change in social policy or logically misconstrue the intent of the Fourteenth Amendment. For these reasons, the case cannot legitimately be argued as an example of judicial activism.

Case Citation:

Hernandez v. Texas, 347 US 475 (1954)

A small claims demand letter should be written in a clear and concise way, but should not be abusive or threatening. It should start out with a recollection of the events in question. Then you should tell the other party how much money you are asking for and explain why you have a legal right to payment. Finally, put a deadline for response to the letter (usually 10 business days is fine) and encourage a peaceful settlement.

The Related Links section below is helpful for writing a small claims demand letter.

CARA (Charity No. 1135610) is an independent international charity, which main activities include:

1. HIV/AIDS: prevention, care and support for those affected by HIV/AIDS by doing:

* Outreach: We distribute free condoms and sexual health information about HIV/AIDS and other STIs;

* Drop-in service: Providing advice on sexual health issues and signposting to the relevant public services;

* Campaigns: Working with the communities to reduce the incidence of HIV, STIs and teenage pregnancy;

* Support Group/Discussion: prevention, care and support for those affected by HIV/AIDS and their family;

* Workshop/Seminars: Empowering poor people, especially women, to be in control of their sexual health;

2. Health: striving to reduce childhood death and illness;

3. Education: providing quality basic education for all, especially girls;

4. Water and sanitation: provision of clean water and adequate sanitation;

5. Protection for people affected by conflict, natural disaster and exploitation;

6. Translation & Interpretation Services in French, Portuguese, Somali, Kinyarwanda, Lingala & English;

7. Legal: helping the poor to know, understand and achieve their rights;

We rely on our members and the generosity of the public in securing donations and legacies so that we can continue the work we provide in the United Kingdom and Africa.

CARA is a Registered Charity Number: 1135610 - Company No. 06673504 - HMRC No.: XT12788 - ICO No.: Z154587X - Contact Person: Mr Jean-Paul LAWRENCE TAMPU-EYA, BA LLB LLM PhD (Law Res.) - Registered Office Address: 18 - 22 Ashwin Street, Dalston, Hackney, London E8 3DL United Kingdom (UK) - Tel: +44 (0) 844 478 0015 - Mob: +44 (0) 795 695 2645 - Fax: +44 (0) 872 115 8436 - E-mail: info@cara-online.org - Website: http://www.cara-online.org

Society already does, at least partially. Reparative Therapy, also called Conversion Therapy, is a very controversial therapy that is designed to help those who desire it to change from a homosexual to a heterosexual orientation. Its controversy comes in part from the fact that same sex orientation among consenting adults is no longer considered a mental health diagnosis, and has not been for several decades. Pedophilia remains on the list of disorders and is of course a serious crime. Although there are movements currently to legally stop the practice of Reparative Therapy, its practice under freedom of religion is very likely acceptable. The method has been supported by conservative religious groups for many years. Even here, another part of the controversy comes from the fact that if same sex orientation is not accepted as a mental health diagnosis, then attempts by any credentialed psychiatrist, psychologist or therapist to change it becomes ethically complicated. But for those for whom this question is not important or does not apply, church related Reparative Therapy techniques can be seen as a matter of the practice of religion within the context of helping individuals deal with sin.

You will probably not have good fortune if you are advocating for standard coverage by health care providers, because of the current position that gay orientation is not a disorder and therefore treatment to change it is not reimbursable. In order for that kind of coverage to be available, the whole concept of Reparative Therapy as an acceptable elective treatment would have to be addressed, and there would still have to be a billable diagnostic code. There would have to be a major sea change in the current thinking about same sex orientation and this would be a very difficult campaign to undertake, given the increasing acceptability of same sex marriage throughout the US and various other parts of the world.