Yesterday, California’s anti-gay Proposition 8′s supporters tried to convince a federal judge to throw out retired Judge Vaughn Walker’s decision striking down the discriminatory marriage ban because Walker might someday want to marry his same sex partner. In a telling sign of just how weak this claim is, even Fox News thought it was garbage. During a discussion shortly after the court hearing concluded, both Fox guest host Gregg Jarrett and Fox legal analyst Andrew Napolitano agreed that the case against Walker is wholly without merit:
JARRETT: Alright, look. Over the years black judges have decided civil rights cases, Hispanic judges immigration cases, and, of course, women judges have decided women’s rights cases. So why can’t a gay judge decide this case?
NAPOLITANO: There’s no reason why he can’t. And it is utterly unprecedented to inquire into the personal life of a judge after the case has been ruled on and over the judge left the bench because of what the judge revealed about himself. This Reagan appointee, who had been a state court judge appointed by then-Gov. Reagan, has never manifested any kind of bias whatsoever.
Setting aside Jarrett’s somewhat odd suggestion that immigration is an issue that only applies to Hispanic people, there’s very little in Fox’s analysis that should be the least bit controversial. Indeed, there is no better sign that Prop 8′s supporters have gone off the deep end than the fact that even Fox has abandoned their offensive legal argument.