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To everybody that we say no majority can take it away. >> the attorneys arguing the other side read the constitution differently. >> there is no fundamental right to same-sex marriage in the u.s. constitution. >> austin nimocks is defending proposition 8. >> would you 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 between a man and woman for one main reason. >> we have marria...

How has that impacted you every single day of your life? >> it's the most decision one makes in her adult life, and not being allowed to do so makes me feel like society thinks there is something kind of wrong with us. if there were not something wrong, then why wouldn't we be allowed to get married? >> that was the question olson and boise wanted answers. they took on more couples as clients 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, ...

Private war room. i notice you have a legal pad here. so you're old fashioned about this. >> my computer is the number two pencil and the yellow pad. >> reporter: and these are your notes as you're reading other briefs? >> yes. now, each of the cases that we might be relying on is in these binders, along with the briefs. so i'm trying to read as much as i can. but you can't read everything. >> reporter: 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...

The gate with that concern in mind? >> the state's rights issue is interesting because you have justice kennedy, who everybody knows in the middle on both of these issues saying that he would be inclined to throw doma out based on states rights, but then that could get him into a little bit of trouble on proposition 8. because on proposition 8, the state is expressing its will through the voters and he would have to say states rights apply to doma but not so much to prop 8. >> when we look at prop 8, the fact that the state gave the right to citizens first before then taking it away by putting...

Politics makes strange bedfellows. well, you don't have a stranger bedfellow than me and ted olson. >> gloria borger, great interview, from washington. our chief political analyst, the snippet we saw part of this fascinating program we will be debuting this saturday night, the marriage warriors, and gloria, speaking of strange bedfellow, there was another strange bedfellow here. tell me about that. >> so this takes another twist. so rob reiner eventually gets in touch with ted olson, and they hire him because he is, in fact, against proposition 8, and he's for same-sex marriage and seize immed...