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THE FUTURE IS IN THEIR CARE: JUSTICE AND THE WASHINGTON CONSTITUTION
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Journal Article
THE FUTURE IS IN THEIR CARE: JUSTICE AND THE WASHINGTON CONSTITUTION
2025
Overview
American law aspires to uphold justice, liberty, and equality, yet these ideals often remain rhetorical. Appellate judges play a vital role in interpreting the law to realize these promises, especially for historically excluded groups. However, their work exists within a harsh context--law's consequences often involve pain and injustice. Some judges prioritize restraint, citing legal doctrines like stare decisis or separation of powers, while others believe bold action is necessary when the law is clearly unjust. The 2006 Andersen v. King County decision by the Washington Supreme Court is cited as a failure of judicial courage. Upholding Washington's Defense of Marriage Act, the Court legitimized discrimination against same-sex couples by deferring to legislative rationale. Though since overturned, Andersen remains a cautionary example of missed judicial responsibility. Judges must balance restraint with moral clarity, acting boldly when justice demands it. As Justice Montoya-Lewis emphasized, justice must be active and people-focused--not abstract or constrained by past errors.
