First, Judge Vaughn Walker's pronouncement: “Proposition 8 cannot withstand any level of scrutiny under the Equal Protection Clause." Walker went on to proclaim that “tradition alone, however, cannot form the rational basis for a law.”
Meanwhile, a debate involving another kind of diversity is raging at Hunger College High School in New York (former high school of the now-confirmed Elena Kagan). The New York Timesreports that this past year, while public schools in the city averaged around 70 percent Hispanic and black, the school was "3 percent black and 1 percent Hispanic; the balance was 47 percent Asian and 41 percent white, with the other 8 percent of students identifying themselves as multiracial."