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It's like to be gay, what it's like to be denied the right to marry. the district judge rendered a meticulous, thorough decision and the ninth circuit did so. this is the issue that should go to the united states supreme court someday. the people that we're representing and others like those people are not asking for anything special. they're asking for the right to be treated with decency and respect and dignity and afforded the same rights that we afford to other citizens in this country. they're not asking for much. just equality. i do think this issue will go to the supreme court. i think ...

So eloquent. it really is, and i remember we talked about this when judge walker's decision came down, rachel, it is a letter to justice kennedy at the court saying, please, please, please, this looks like your romer language from that colorado case, please, please, please, take this and find that same right of dignity and self determination for gay couples. i think it is important to see what the ninth circuit did not do, which is glowingly uphold everything about judge walker's determination and hand what would have been really a smoking bomb to the supreme court and said, here, the most lib...

The supreme court or to a larger group of the ninth circuit. if it goes though supreme court it looks like it is written directly to anthony kennedy to swing him in terms of being a swing justice. which choice do you think the losers today will make to appeal it, and do you think that's very important? >> it is important. i think that there's some reason to believe they're going to skip taking it to 11 judges in the en banc ninth circuit court and they want to get it to the united states supreme court. this case is in a little bit of a footrace with the defensive marriage cases coming up also ...

Gore's lawyer and ted olsen was george w. bush's lawyer in that case. ted olsen went on to become solicitor general in the bush administration. a conservative icon and liberal icon fighting on the same team. they won their first round in federal court with a ruling that proposition 8 was unconstitutional. that was appealed up to the circuit court, which is one level below the u.s. supreme court. today we got the ruling from that circuit court. they found proposition 8 does violate the united states constitution. it is unconstitutional. the court found that proposition 8 served no purpose and h...

These are the principles all men are created equal in this country. we have got to get there. >> ted olson, former solicitor-general under george w. bush along with david boyes. thank you so much for joining us tonight and congratulations on your win today. appreciate you being here. >> thank you so much, rachel. >> a programming note. one of the couples represented by ted olson are on the last word with lawrence o'donnell tonight, which is very cool. you have to watch that, okay? deal, deal. joining us now is dahlia litwick. senior editor and correspondent for dahlia. thank you for being with...