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Internet? >> then came the zinger from justice scalia. >> i'm curious, when it did become unconstitutional to exclude homosexual couples from marriage? >> may i ask this in a form of a rhetorical question, when did it become unconstitutional to prohibit interracial marriages? >> don't give me a question to my question. >> and justice kagan challenges the opposing argument that marriage is about having children. >> suppose a state said, because we think that the focus of marriage really should be on procreation, we're not going to give marriage licenses anymore to any couple where both people...

Divided the nation. the 2000 race between governor bush and vice president gore. there was a recount. a constitutional challenge. and ted olson and david boies fought it out at the supreme court. that was then, but this is now. if anybody had told me in the year 2000 after bush versus gore that i would be sitting with you both today on the same side of a case about gay marriage, i would have said, are you nuts? >> in the first place, i think we both came to the conclusion that we could probably be unbeatable if we were on the same side. but if we were on the opposite side, one of us would lose...

Legal team defending proposition 8. >> to say proposition 8 discriminates, you would have to say that marriage laws and marriage from the very beginning of civilization only existed to discriminate against gays and lesbians and we know that's not the case. >> he says it's not a matter of discrimination but rather of definition and marriage is defined as between a man and a woman for one main reason. >> we have marriage laws because we have children. and marriage laws attach men and women to each other and legally to the children that they bring forth. >> so do you think the olson/boies case is...

>> there are certain rights that are so fundamental to everybody that we say no majority can take it away. >> or a right reserved for a man and a woman? >> there is no fundamental right to same-sex marriage in the u.s. constitution. >> former political adversaries, once on opposite sides of history now joining forces. >> to get the two guys that oppose each other on bush v. gore to team up and say this is a nonpartisan issue. >> literally you are preparing for the case in here. now the supreme court will decide the case -- >> marriage is a fundamental right. >> that could change a nation. it...

>> yes. now, each of the cases that we might be relying on is in these binders, along with the briefs. >> so you're reading all those briefs -- >> i'm trying to read as much as i can. but you can't read everything. >> this case is olson's 60th before the supreme court. and with 44 high court wins under his belt, he's facing the nine justices. >> mr. olson, you have 20 minutes. >> thank you, mr. chief justice. >> olson sharpens his arguments in a mock supreme court with elite lawyers playing the parts of justices. we got an exclusive look inside. >> proposition 8 took away from gay and lesbian ...