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What looks pretty started lining up outside the US Supreme Court they started Thursday night hoping to get a coveted spot inside as the highest court in the land takes up to same sex marriage cases.
It -- start until Tuesday that -- the justices will hear arguments and prop eight.
California's voter passed referendum which amends the state constitution to recognize.
Marriages only between one man and one woman.
Then on Wednesday if the defense of marriage act which is a federal law that defines marriage as being between a man and a woman.
And -- Fox News poll shows that Americans are still split over the issue with 49% in favor.
And 46% against it's a big change from just ten years ago when only 32% weren't favored 58%.
-- -- fair amounts debate Brian brown president of the National Organization for Marriage.
And mark Solomon the national campaign director for the freedom to marry thank you gentlemen both for joining us.
Thanks for -- ravenous right mark -- start with you what is at stake cases do I have difference differences when it comes to the fine points.
Of the law.
But bottom line what's at stake involved.
So there -- so there's some fundamental issues the fun of all issue is whether loving and committed same sex couples who served their country.
Who pay taxes some of whom were raising families whether that should be able will take part in the fundamentally American.
Freedom to marry.
The great news's on the poll you just showed -- on the -- especially there is a Washington Post -- -- -- past week that showed.
58% of Americans.
More than 80% of young Americans they think it's funny nine.
Support gay and lesbians having the fundamental freedoms America -- so it's about freedom for same sex couples.
-- we know that when it comes to how people feel about this in California they voted for prop eight saying essentially we wanted to find the constitution in a way the state constitution so that.
-- sex marriage is not a legal possibility in California.
Do you anticipate the -- Will buy that argument or do you think they're gonna be more persuaded by -- the bigger constitutional arguments about equal protection and due process and those kinds of things.
I think that the justices are going to realize that.
If proposition -- is overturned and if this new right to redefine marriage is found within the constitution that you're essentially throwing out the vote.
Of millions of Americans 31 states have voted to amend their constitutions.
To define marriage the common sense view of marriage that marriage is based upon the union of a man and a woman.
And what's at stake is at in the court cases -- -- court case this is a question of democracy the question of whether the people have the right to stand up and speak and have their votes counted.
If the court.
Overturns those votes it will rob all of those voters have the right to stand up and I don't think they're gonna do it.
I think that the lesson from row.
It is that when the court short circuits the democratic process.
It doesn't solve the issue what it does is it creates the culture war in I don't think Justice Kennedy I don't think any I don't think the justice is a majority of the justices.
Are going to want to launch another culture war and are going to respect the right the voters to decide their future to decide something as simple as that it takes a man and woman to make a marriage mark one.
-- that we see in all the different polls here is a progression a change a switch a flip essentially and how people feel about this issue.
Still eight in your estimation of why not allow folks to decide state by state -- public opinion changes.
Why take this now to the Supreme Court and say -- as frank talked about override the democratic process for people who voted and spoken in their own states.
-- because the court has ruled fourteen times that there is a fundamental freedom temerity.
And done what we believe.
Very strongly that that fundamental freedom can exclude.
Gays and lesbians so we think that it's very appropriate.
For the court to rule that way and the great news is that is opposed to Bob -- comments about.
A cultural war in fact.
Americans are coming to this position as -- And that's why eighty plus percent of young Americans including two thirds of evangelicals.
For eighteen to 29 support the freedom to marry so it's time America's ready it's time for the freedom to marry in this country.
Brian final word to you.
-- the court has never found the Supreme Court is never found that the the right to marriage includes redefining marriage if -- logic is correct then.
Then what -- the freedom of -- extend a 345 people it's simply untrue marriage is the union of a man and a woman.
And what mark wants is for the court to essentially throw out the votes of all these people -- he believes his polls.
Then he shouldn't be so adamant that people don't have a right to say on this the reality is that even in California.
We saw poll saying that only 36% of Californians supported traditional marriage well.
Those polls were not correct when people went out to vote they voted to protect marriage they've done this time and time again.
There's an excellent track record on the people standing up and saying marriage as the union of a man and a woman you have 31 states have said that only three states.
Have -- have redefined marriage through the ballot box so I do think that we're looking.
For the court to say no this is wrong legal history this is wrong constitutionally in the people have a right to stand up and have their voices heard I've.
Brian and mark we think you both for the preview of what the justices are certainly going to hear this week we'll wait to see what they decide they do gulf.
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