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Full marriage equality for same-sex couples. what i think is important as this legal case moves forward and i think one of the great things about our community is that we've got the stamina and the determination to see this through. >> sure. >> we not lose sight of these other two challenges we have before us. >> i only say that on public opinion because there's been an argument and in fact on fox news sunday, ted olson, one of the two lawyers who is on the side of trying to overturn prop 8 was asked about this issue of the fact that basically it was public opinion in the state of california t...

Don't get to say that marriage is between a man and a woman, even though just -- november of 2008, 7 million californians voted that they wanted to change their i know state constitution to say just that? >> in the 1960s, an equivalent number, smaller number, but, of californians voted to change their constitution to say that you could discriminate on the basis of race in the sale of your home. the u.s. supreme court struck that down. if 7 million californians were to decide that we should have separate but equal schools, or we'd send some of our citizens to separate drinking fountains, or hav...

Week when a federal judge ruled a voter-approved ban in california is unconstitutional. ted olson argued and won the case which surprised a lot of people because he's a leading conservative lawyer who was solicitor general under george w. bush. and, he joins us now from wisconsin. let's start with the issue of judicial activism. 7 million californians voted for proposition 8. 7 million people voted to amend the state constitution to ban same sex marriage. now, a single judge overrules all of them? >> well, that is why we have judges, that is why we have an independent judiciary. we do not put ...

That we've got the stamina and the determination to see this through. >> sure. >> we not lose sight of these other two challenges we have before us. >> i only say that on public opinion because there's been an argument and in fact on fox news sunday, ted olson, one of the two lawyers who is on the side of trying to overturn prop 8 was asked about this issue of the fact that basically it was public opinion in the state of california that said they wanted to ban same-sex marriage. here was ted olson's response to chris wallace. >> we do not put the bill of rights to a vote. 41 states once prohib...