So
if we follow this interpretation of 'treat equal cases equally' then
blacks would have a prima facie right to be treated the same as
whites. Gays would have a prima facie right to be treated the same as
straights. And so on.
That sounds good to me. But maybe it only sounds good because we
have chosen cases that we think ought to be treated equally. On
this interpretation, ANY group of people would have a prima facie
right to be treated like the group of all other people. Murderers
would have a prima facie right to be treated the same as
non-murderers.
When you look at it that way, it doesn't seem as
plausible.
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