Even Fox News personalities call Focus on Family too biased on Prop 8
The latest ruling in the legal battle over California’s anti-gay marriage Proposition 8 , like all other rulings and semi-rulings and arguments and positions in the battle, has poked up a hornet’s nest of cheers and complaints from supporters and opponents of gay marriage. Yet momentum in general seems to be turning fast against the anti-gay marriage forces and it is the same in the latest clash
Jul 31, 2020138.5K Shares1.8M Views
The latest ruling in the legal battle over California’s anti-gay marriage Proposition 8, like all other rulings and semi-rulings and arguments and positions in the battle, has poked up a hornet’s nest of cheers and complaints from supporters and opponents of gay marriage. Yet momentum in general seems to be turning fast against the anti-gay marriage forces and it is the same in the latest clash.
In discussing the case, Fox News host Shepard Smith and Fox legal analyst Judge Andrew Napolitano agreed that the mostly religious organizations calling for Ware to void Walker’s ruling were out of bounds and laughably unsatisfiable.
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Napolitano:If litigants dissatisfied with the ruling of a judge could inquire into the personal life and intimate thoughts and aspirations of the judge after the judge ruled against them, there would be no finality to anything. There has to be some demonstrable prejudice. They would have to show some material gain, like a financial gain, as a result of this before they could call into question the reasoning of the case…
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Smith:Well, and if you adopt the reasoning of the appellants here, a heterosexual judge might be equally biased in a case concerning gay rights.
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Napolitano:Who would satisfy them, other than somebody who would be predisposed to rule the way they wanted it to go?
“Had Walker recused himself — or ruled in favor of Prop 8 — he would have destroyed his prospect of being in a same-sex marriage,” writes CitizenLink Managing Editor Catherine Snow, as if there is no doubt any other judge would have ruled differently than Walker did when he ruled Proposition 8 barring gay marriage was unconstitutional.
For judicial analysis, Snow turns to CitizenLink’s own Bruce Hausknecht, who conjures a vision of Christians being fed to lions.
“Don’t forget that [anti-Prop 8 attorneys] Olson and Boies chose the 9th Circuit for a reason,” Hausknecht said. “Defending marriage in San Francisco is a lot like defending the Christians in early Rome. However, the genius of our three-tier federal court system is that this case will ultimately get to the Supreme Court, which doesn’t take kindly to the adventures in judicial activism commonly practiced in the 9th Circuit.”