Running head: POLICIES ON SAME-SEX MARRIAGE AND IMMIGRATION
State Policies on Same Sex Marriage and Immigration
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In social sciences, the study of policy and its analysis has been developing and creating
attention amongst political scientists with time, with a consideration on the past several decades.
The way the general public and policymakers perceive power in policy making is influenced by
the origins of law, which is as old as the first government dated in the 17thc. “The origins of
policy focus are usually attributed to the writings of Harold Laswell, considered to be the
founder of the policy sciences…He called for the study of the role of knowledge in and of the
policy process.”(Miller, Sidney & Fischer 2007). According to Stachowiak (n.d), policy
evolution is embraced by incorporating directly with power and in power to make, enforce and
also influence decision making. Stachowiak termed this theory as Power Politics or Power Elites
Theory. In further illustrations of the theory, Stachowiak explains that this theory focuses on
incremental policy amendments such as administrative rule evolutions (Lockett, 2013).
Political power can originate from a number of sources, especially from a community
setup. A community entails social class, group charisma, resource currency and the influence of
tradition socially, all of which ascribe to political power. This is explained further by Sadan who
stated that there exists a total political community which is ordered according to an identified
principle, possessing a continuity of time and place from which the power stems. In ‘Large
Leaps’ theory of power, assumptions are that government institutions maintain the status quo and
have a monopoly over the way policies are defined. ‘The Large Heaps’ theory recognized that
political conditions are right, amendments can happen in widely that represents significant
departures from the past. These conditions create an environment in which large-scale change
can occur.
Work relocation arrangements in goal nations have turned out to be progressively
specific, supporting the affirmation of worldwide transients with abilities viewed as hard to come
POLICIES ON SAME-SEX MARRIAGE AND IMMIGRATION
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by. Lately, a developing number of nations have embraced strategies to pull in or encourage the
section of exceptionally gifted laborers. Exceedingly gifted vagrants are typically conceded
special treatment and are liable to fewer limitations than low talented transients with respect to
confirmation, length of stay, change of business and affirmation of relatives (Davidson, 2015).
Current approach measures to oversee work movement of exceedingly talented laborers go from
boss driven relocation frameworks to outsider driven relocation frameworks. The particular
strategy decisions embraced are typically molded by the fundamental relocation approach system
and goals of the nations
POLICIES ON SAME-SEX MARRIAGE AND IMMIGRATION
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In the history of the United States, communities have become victims of social policies.
Trends and patterns are seen arising from different community demographics within the U.S.
Contextually, societies that have been seen to lack significant development tend to experience
social policies’ discrimination. A report presented by Lockett (2013) stated that with an always
occurring presence of systematic criticism and discrimination, the justice system and the
dominant culture continues to pathologize minority groups and push for increased penalties
which further stigmatize the minority. Minorities were according to race e.g. African Americans,
Indians, and even Mexican Americans. In the contemporary world, racism discrimination
amongst other social issues such as gender, religion, same-sex marriage, and immigration have
become top notch that they dwell across many of the States in America, varying according to the
political power and set-up of these States. Social injustices in same-sex marriage and
immigration do not only entail negative attitudes and beliefs but also the social strengths that
allow translation into victim’s desperate outcomes with questionable merit to a selected race.
In Texas State, constitutional law has been battling with the issue of same-sex marriage
since 1997. The restriction to have a marriage involving same-sex couples at this year was done
under Texas legislature by George W. Bush who was at that time the Governor of Texas (Young
2017). Young further explains that this Bill in 2003 was strengthened with a law that Texas State
will not respect any other marriage license apart from opposite-sex marriage. Family and
marriage amendments went on until the year 2015 on 26th June. According to Young (2017), the
United States Supreme Court ruled in favor of the right to marry on same-sex couples after
following a two year of marriage litigation in the State.
POLICIES ON SAME-SEX MARRIAGE AND IMMIGRATION
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Though same-sex marriage bill was passed into law by the Texas legislature, some rights
related to it are still not recognized. As Young explains, same-sex married couples have been
demanding to have equal rights as those in an opposite-sex marriage. This illustrates that most, if
not all of the benefits that opposite-sex marriages are having cannot be enjoyed by same-sex
married couples. But all these come as a result of the flow of power in policy making from state
authorities to national authorities in the U.S.
To understand this, it is evident that some of the policies made at State level even through
State’s Supreme Court can be overruled by the United States’ Supreme Court. “ The U.S
Supreme Court declined to review a decision made earlier this year by the Texas Supreme Court,
opening the door for the state of Texas and its municipalities to potentially limit benefits and
privileges extended to couples in same-sex marriages in the state.” (Young 2017)
In relation to immigration, there still exists discrimination in Texas State. Immigrants in
the state are still protesting against social policies that are posing challenges on them. In a report
by Texas Civil Rights Project (2019), immigrants are challenging a law on SB4, United States
law on immigration that does not protect rights on racial profiling, and reduces local law
enforcement. The project further argues that SB4 is an attempt to turn Texas cities, counties and
University police departments into immigration officers. From this situation, it is evident that
law and policy-making within the state are devoid of final execution by the United States
Supreme Court judgment, which is the exact version of Elite Power Theory.
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In Massachusetts, same-sex marriage in contemporary State environment has been
welcomed with open arms with the state community recognizing the marriage to be as equal to
any other marriage. Massachusetts’ constitution through their Supreme Court ruling has helped
litigants and families who weren’t able to marry in the past despite their race or religious
background. According to Wegman (2015), Massachusetts State was the first to issue an opinion
legalizing same-sex marriage in the U.S through their justice, Margaret Marshall. Efforts tried to
undo same-sex legalization have been withdrawn leaving all marriages equal. Massachusetts’
immigration laws are centrally controlled by The United States Supreme Court.
Massachusetts’s immigration law has enabled immigrants to live in harmony and belong
to its state. A report by Massachusetts Immigrant Refugee Advocacy Coalition, MIRA (2019)
stated that though Then Trump administration wants to stop Temporary Protected Status (TPS)
for everyone, federal judge’s intervention bought some time for TPS holders. This is another
example of Central administration power over minor administrations commonly known as Power
influence flow.
The Power Elite Theory explains the kind of political and economic power that is existing
in both Massachusetts and Texas State. According to Power Elite Theory, power elites are
individuals who are in dominant positions in dominant setups such as in the military, political
seats or economic institutions. Their decisions have huge consequences on underlying
populations. Texas and Massachusetts have their legislative authorities to amend policies at State
level, but the final approval comes from the United States’ Supreme ruling on their proposed
constitutional amendments. In other words, the States are subjected to the central ruling power
described as “The Elite” in Elite Power Theory.
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Massachusetts State has got a smaller population compared to Texas State. From the
statistics obtained from U.S Census Bureau (2018), a vast of Massachusetts’s population consists
of the white race with the addition of the other four races. That can illustrate that the state
immigration policies welcomes immigrants from any race. Geography plays a big role in the
political, social and cultural make-up of a region. In Massachusetts, geographical boundary
builds its allegiance determining policies. Having in mind that the Atlantic Ocean is to the East
of Massachusetts, international relations policies together with immigration policies are set-up in
a way that political and economic power is protected.
Texas has a larger population close to 33 times as compared to Massachusetts as
according to U.S Census Bureau (2018). Because of its large population, its legislature
formulates to control immigration. Its social geography policies have changed mentality on
immigration creating a hot political environment in immigration as seen earlier. Massachusetts’
education level is high compared to that in Texas. And the results of this can be seen in the New
York Times (2015) wherein each state, education is being used as a tool to influence the policymaking process. Politics have become an educational need in the U.S in order to create a political
environment for a targeted political elite, hence dominating policies to stand embraced.
According to Storey J (2010), Texas is dominated by the Christian religion. This has
managed to create societal order in Texas State. The domination influences were seen on other
policymaking such as those of same-sex marriage. In Massachusetts, there exists a mix of
religious beliefs. And this is because of the social geographical boundaries. This has created the
embracing of diverse social values such as same-sex marriage and immigration rights.
POLICIES ON SAME-SEX MARRIAGE AND IMMIGRATION
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Same-sex marriage and immigration patterns have increased in the U.S according to a
study by P.E.W (2014). The organization further illustrates that an examination of county-level
demographic data revealed how immigrants affected population increase in the United State.
Massachusetts though has a small population, in relation to its small geographical size, its
welcoming policies towards immigration has increased the rate of immigrants settling thereby
increasing its population. Texas, on the other hand, have unstable immigration patterns through
its population increase has been due to immigrants flocking its state. Policies that have been laid,
focuses on a particular group of immigrants from outlined demographic perspectives. Legislative
rules on immigration have reduced the rate of immigrants coming into Texas compared to earlier
trends where the rate was high. (P.E.W 2014). With the change in Elite power dominators,
immigration and same-sex might be fought with strict policies, reducing their development. And
this is from a nationwide political power perspective, flowing into Texas State and
Massachusetts State.
In Texas, a law that was introduced to the legislative power regarding couples in the
same-sex marriage to have equal rights as those in opposite-sex marriage was finally altered
when the case reached to the federal law. The federal law refused to recognize the State bill
affecting the societal view of what bill of rights in marriage and family constitution entails.
(Young 2017). The factors that were considered according to young was that when the law was
implemented through the U.S Supreme Court, it could create a conflict of interest on the benefits
that arise from opposite-sex marriages.
Rule of law applies to all but not in favor of all. From the study on the two states,
political elites give a version of what must be there in a society set-up with the aim of protecting
the political and economic well-being of the regions at hand. Underlying political powers are
subjected to a supreme power that has the final policy judgement.
POLICIES ON SAME-SEX MARRIAGE AND IMMIGRATION
References
Miller G., Sidney M., Fischer F. 2007). Handbook of Public Policy Analysis: Theory, Politics,
and Methods. CRC Press. Taylor & Francis Group, LLC.
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PEW (2010). Changing Patterns in U.S Immigration and Population. Available at:
https://www.pewtrusts.org/en/research-and-analysis/issue-briefs/2014/12/changingpatterns-in-us-immigration-and-population
Stachowiak S. (n.d). Organizational Research Services. 6 Theories About how Policy Changes
Happen. Available at:
https://cdn2.hubspot.net/hubfs/316071/Resources/Article/Pathways%20for%20change%2
06%20theories%20about%20how%20policy%20change%20happens.pdf?t=1501250927
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Storey J. (2010). Texas State Historical Association. Religion. Available at:
https://tshaonline.org/handbook/online/articles/izrdf
Texas Civil Rights Project (2019). We’re Heading to Court Today to Stop Discrimination
and Hate in Texas. Texascivilrightsproject.org
United States Census Bureau. (2018). Census.gov
Wegman J. (2015). The New York Times. Why Massachusetts Led The Way in Same-Sex
Marriage. Nytimes.com
Young S. (December 4th, 2017). Supreme Court Turns Down Texas Case that could Undercut
Same-Sex Marriage Law. Available at: dallasobserver.com.
5/20/2019
Capella University Scoring Guide Tool
SOC-FP2000
u04a1 – Framing an Issue From the Sociological Perspective
Learner: Bryan , Nickerson
OVERALL COMMENTS
Hi Bryan,
Signi?cant revisions were needed on this assessment. I only see the incorporation of an additional paragraph.
Unfortunately, this paragraph doesn’t address the criterion and given the number of grammatical errors, is dif?cult to
read. Please see your previous submission for my feedback.
Chris
RUBRICS
CRITERIA 1
Discuss how sociological theory can be used to understand disparities in political power.
COMPETENCY
Describe theoretical ideas of power in relation to policy.
NON_PERFORMANCE:
Does not list ways that sociological theory can be used to understand disparities in political power.
BASIC: Lists way that sociological theory can be used to understand disparities in political power.
PROFICIENT: Discusses how sociological theory can be used to understand disparities in political power.
DISTINGUISHED:
Analyzes how sociological theory can be used to understand disparities in political power and cites scholarly
sources for support.
Comments:
https://scoringguide.capella.edu/grading-web/gradingdetails
1/6
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CRITERIA 2
Describe the evolution of the social movements that have emerged as a result of a diversity
issue.
COMPETENCY
Identify historical and contemporary in?uences of discrimination in U.S. culture.
NON_PERFORMANCE:
Does not describe the evolution of the social movements that have emerged as a result of a diversity
issue.
BASIC:
Describes the evolution of the social movements that have emerged as a result of a diversity issue but is
vague on the rationale for their interconnectedness.
PROFICIENT:
Describes the evolution of the social movements that have emerged as a result of a diversity issue.
DISTINGUISHED:
Analyzes the evolution of the social movements that have emerged as a result of a diversity issue and cites
support from scholarly resources.
Comments:
https://scoringguide.capella.edu/grading-web/gradingdetails
2/6
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CRITERIA 3
Address questions that re?ect public perception using supporting data or research.
COMPETENCY
Analyze the effects of social policy using aggregated data.
NON_PERFORMANCE:
Does not address questions that re?ect public perception using supporting data or research.
BASIC:
Addresses questions that re?ect public perception using data or research that is inadequate or
inappropriate.
PROFICIENT: Addresses questions that re?ect public perception using supporting data or research.
DISTINGUISHED:
Addresses questions that re?ect public perception using supporting data or research and real-world
examples in a persuasive way that illuminates facts surrounding the issues.
Comments:
https://scoringguide.capella.edu/grading-web/gradingdetails
3/6
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CRITERIA 4
Analyze the evolution of antidiscrimination law to give context to current law or policy.
COMPETENCY
Analyze how laws are applied or created based on race, ethnicity, religion, gender, sexual orientation, age,
and social class.
NON_PERFORMANCE:
Does not discuss the evolution of antidiscrimination law to give context to current law or policy.
BASIC: Discusses the evolution of antidiscrimination law to give context to current law or policy.
PROFICIENT: Analyzes the evolution of antidiscrimination law to give context to current law or policy.
DISTINGUISHED:
Analyzes the evolution of antidiscrimination law to give context to current law or policy and cites scholarly
resources for support.
Comments:
https://scoringguide.capella.edu/grading-web/gradingdetails
4/6
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CRITERIA 5
Discuss tactics employed by activists to promote a cause.
COMPETENCY
Apply diversity strategies in professional, educational, and personal contexts.
NON_PERFORMANCE: Does not list tactics employed by activists to promote a cause.
BASIC: Lists tactics employed by activists to promote a cause.
PROFICIENT: Discusses tactics employed by activists to promote a cause.
DISTINGUISHED: Analyzes the effectiveness of tactics employed by activists to promote a cause.
Comments:
https://scoringguide.capella.edu/grading-web/gradingdetails
5/6
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CRITERIA 6
Write coherently to support a central idea in appropriate format and with few errors of
grammar, usage, and mechanics.
COMPETENCY
Communicate effectively.
NON_PERFORMANCE:
Does not write coherently to support a central idea in appropriate format. Does not use correct grammar,
usage, and mechanics.
BASIC:
Writes to support an idea. Format is inconsistent and contains major errors of grammar, usage, and
mechanics.
PROFICIENT:
Writes coherently to support a central idea in appropriate format and with few errors of grammar, usage, and
mechanics.
DISTINGUISHED:
Writes coherently, using evidence to support a central idea in a consistently appropriate format with correct
grammar, usage, and mechanics.
Comments:
https://scoringguide.capella.edu/grading-web/gradingdetails
6/6