An Equal Stake for All

Judge Ware hits the nail on the head in turning back Prop 8 proponents latest stunt.

From Waking Up Now via The Dish

I’m no legal expert, and I’ve only skimmed Judge Ware’s denial (hooray!) that Judge Walker should have recused himself from the Prop 8 trial simply because he’s in a committed, long-term, same-sex relationship. Still, I spotted Ware’s lovely declaration of democratic (small d) values.

"First, it is inconsistent with the general principles of constitutional adjudication to presume that a member of a minority group reaps a greater benefit from application of the substantive protections of our Constitution than would a member of the majority. The fact that this is a case challenging a law on equal protection and due process grounds being prosecuted by members of a minority group does not mean that members of the minority group have a greater interest in equal protection and due process than the rest of society. In our society, a variety of citizens of different backgrounds coexist because we have constitutionally bound ourselves to protect the fundamental rights of one another from being violated by unlawful treatment. Thus, we all have an equal stake in a case that challenges the constitutionality of a restriction on a fundamental right."

Okay, that’s a little dense. So what is he saying, and what makes it so wonderful?

Judge Ware is saying that Walker had no special interest in the case. Why? Because everybody in society benefits from equal treatment under the law. Not just the minority, the oppressed, the downtrodden. Everybody.