When you can’t win on the facts or the law, all you have left is going after the irrelevant. That seems to be the case in the Prop 8 ruling; the losers are going after Judge Vaughn Walker because they claim he’s biased because he’s gay.
The same logic would mean that an African-American judge should recuse him or herself in a case involving affirmative action or civil rights or a woman should recuse herself in a case involving reproductive choice. And what about the current make-up of the Supreme Court with its majority Roman Catholic cast of men? Would that they have to recuse themselves if someone brought a suit against the church regarding a matter of sexual harassment? (For the record, Judge Walker — nominated by President Ronald Reagan and confirmed during the term of President George H.W. Bush, was opposed by liberals in San Francisco because of rulings that accused him of “insensitivity” to gays. Should he have recused himself then?)
I suppose we can look at this in one positive way: all the losers have left is this childish attack on Judge Walker, which means they are at the end of their rope. And, by the way, if he is gay, so what?
PS: Cool psychic mind-meld moment with Steve Benen. I didn’t see his post until just now.