Olson Boies Case News Today : Breaking News, Live Updates & Top Stories | Vimarsana

>> it's now in the hands of the supreme court. it's been a long journey here for the last 3 1/2 years. >> now it's up to the nine justices to make a decision. >> the court has several ways to decide this case from a very broad-sweeping conclusion with respect to the rights of our citizens in this country, to a narrower ruling that would be limited basically to california. >> opposing attorney austin nimocks agreed the court was conflicted and the outcome uncertain. can you tell at all from the questions you were getting about the way in which the justices were thinking about this case? >> you ...

Justice scalia. >> i'm curious, when it did become unconstitutional to exclude homosexual couples from marriage? >> 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 are over the age of 55. would that be be constitutional? >> thank you, counsel. the case is...

Proposition 8. part of the legal team. >> 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...

If there weren't something wrong, then why wouldn't we be allowed to get married? >> that was the question olson and boies wanted answered. they took on perry and stier and another couple as clintds. and they won in california against proposition 8, and now the case is always where they suspected it would end up, in supreme court. their argument is simple. same-sex marriage is a constitutional right, period. no matter how many states have voted to ban it. >> the reason we have the constitution, the reason we have a bill of rights is there are certain rights that are so fundamental to everybody...

That decided the presidency and 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 opp...