Judge Rules on Personal Bias – Not the Law

Judge James Ware of the San Francisco Division of the Northern District of California District Court has made his second ruling based not upon law, but upon personal beliefs and standards.

First he ruled that it was legal for another judge who happens to be a homosexual to hear and rule on a case concerning homosexual marriage.  In Ware’s ruling, he said that there was no impropriety for a judge who is a homosexual to benefit from his own ruling by striking down Proposition 8.  California voters had voted to approve Prop 8 which defined marriage as a union between one man and one woman.

Some judicial watchdogs say this ruling was made partially for his fellow judge and partially for future personal benefit.  In past cases of law, it has always been considered a conflict of interest for a judge to be involved in a case that would have a personal impact upon them.  Judge Ware’s ruling threw judicial conflict of interest right out the window.

The second ruling from Judge Ware should also be grounds for removal from the bench.

Morgan Hill Unified School District issued a ban on wearing any clothing that depicted the American flag because other students threatened violence because of the clothing.  Incidentally, the threats came from Mexican students at the school on May 5, which is a Mexican holiday, not an American one.

When several students showed up at the school wearing t-shirts with the American flag, school officials told the students they needed to go home and change their shirts or turn them inside out.  The student’s parents filed a lawsuit against the school on the grounds that the school had violated the students’ constitutional rights.

According to the information provided to Judge Ware, other students were allowed to wear shirts with the Mexican flag on it as school officials had not heard of any threats made against them.  The Mexican students accosted the students wearing the American flag by shoving a Mexican flag into the chest of one student and shouting, “F— them white boys, f— them white boys” and “they are racist. They are being racist. F— them white boys. Let’s f— them up.”

Judge Ware dismissed the case claiming the school was acting properly as they were trying to protect the safety of students.  In his ruling, Ware said,

“Plaintiffs have offered no evidence demonstrating that students wearing the colors of the Mexican flag were likely to be targeted for violence, and that officials treated all students for whose safety they feared in the same manner.

“Here … [the school officials] have provided a non-discriminatory basis for asking plaintiffs to remove their American flag attire. Defendants have put forth significant evidence demonstrating that plaintiffs (wearing the American flag colors) were asked to change clothes in order to protect their own safety.

“The undisputed evidence shows that plaintiffs were the only students on campus whose safety was threatened that day.

“The court finds that they did not violate the First Amendment by asking plaintiffs to turn their shirts inside out.”

The Rutherford Institute’s president, John W. Whitehead, who handled the case for the parents, said,

 “This is nothing more than a victory for political correctness.  If the court’s decision is allowed to stand, any speech a school official happens to dislike will be censored. Those who wrote our Constitution would be shocked.”

From what I have read about the case, school officials were grossly negligent in their handling of the incident to begin with.  The Mexican students started the whole incident with their threats and racist remarks.  The school should have viewed this as bullying and instantly detained or removed the Mexican students who were instigating everything.  Instead, they punished the targets of the abuse rather than the abusers.

The school was also wrong to ban the US flag from anything.  This is America and the flag is the symbol of America every day of the year.  Just because there is a holiday in a different country, that is no reason to tell American students they aren’t allowed to wear their national symbol while at the same time allowing other students to wear the symbol of another country.  That’s the same as raising another countries flag above the US flag on American soil, which does constitute a form of treason as well as stupidity.

If the Mexicans want to live in America and take advantage of what our country has to offer, then they need to embrace the symbol of our country as well.

If they hate the US flag and Americans that much they need to go back to Mexico and stay there.