not gay because they don't know for sure. >> bill: that's what her friends say. >> well, maybe they do and maybe they don't. but the fact is that -- what if she turned out to be gay? and that would mean that she -- >> bill: that could be many baier wassing it? >> could be very embarrassing to the white house. >> bill: the situation has gotten out of control. >> what they should have said is we are appointing her because of her judicial ability. >> bill: sure her expertise. >> expertise and not based on what her sexual orientation is. >> bill: press conference a reporter can raise their hand and say mr. president, the likelihood is the supreme court will have to decide gay marriage on a federal level here. so, it is absolutely important here, please tell us whether your nominee is gay or not. it's a legitimate question. it's gotten so crazy that a softball picture, a picture of ms. kagan playing softball, okay, in the "wall street journal," now they are saying that because the woman plays softball she may be gay. how insane is that? >> well, the fact is you can argue that it's relevant or not.