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People are already starting to line up outside the Supreme Court camping out in the Washington shell.
To hear arguments in a pair of high profile same sex marriage cases starting to his -- The justices will spend two days on the cases which potentially could decide the rights of same sex couples.
Joining us from Connecticut Nicole Wallace former advisor to president George W.
Bush who support same sex marriage.
And here in Washington Gary Bauer president of the group American values who opposes it welcomed about the -- Thank you -- to be with the crest and -- Nicole fuel and more than a hundred other prominent Republicans have filed a brief in the Supreme Court case in which you argued the court.
Should overturn proposition -- that was a constitutional amendment approved by California voters.
Which said that marriage only marriage between a man and a woman is not what you want to overturn not.
Explain to us why your position is consistent with conservative -- Well look first of all the people who'll stand -- for the United States Supreme Court.
Our Ted Olson who was President Bush is solicitor general one of the most respected legal minds in the country on the right.
And David Boies who represented.
President gore in the recount so these are these that this is a conservative legal argument that they will be advancing.
They will basically.
Lay out the conservative case that it.
There is not any place in the constitution that allows for a different set of rules.
For different class of people.
There's also a moral imperative here if you believe if you value and treasure and Revere the institution of marriage.
-- you should want every family unit.
To being really wrapped in marriage and if you believe that children are best raised in families where both of their parents are married.
Then there's certainly no other answer.
Then -- to -- have been like prop eight which would deny an entire class of people access to this revered institution.
All right Gary conservatives like the call and Ted Olson a very conservative lawyer in his brief.
On her side to overturn prop eight say that same sex marriage advances limited government individual freedom.
-- -- -- Yes Chris well look at it you don't advance limited government.
By being and yet -- democratic movement that is attempting to take this issue away from the American people.
What the brief is asking farm what to groups waiting outside the Supreme Court are asking for.
Is for unelected judges to deny the people of the states the right.
To decide what marriages and their state.
Over thirty states in this country have voted.
That marriage is between a man and woman and of course the votes are only being held.
Because there's been this radical movement in the last couple decades.
That -- it's trying to redefine marriage such a profoundly.
I'm conservative -- it in fact this the kind of brief.
That Nicole and the others to sign that I would expect from Liberal Democrats are doing what -- just -- -- -- who have used the courts for the last thirty years.
The force radical social change time and time again are you saying then that you will you would oppose.
A striking down -- a right to same sex marriage you you wanna leave it in the state legislature well I look I would prefer -- every state in the union keep the definition of marriage has prevailed in western civilization for a couple thousand years.
That doesn't look like that's gonna happen so.
I certainly at this point would prefer the people of the states to make the decision.
As they haven't bought by the way Chris it's worth mentioning that the brief that Nicole is supporting.
Which supports the judge.
The prop eight -- that somebody ought to read kissed his decision -- -- -- elements his hostility.
To people of faith was disgusting.
All right he's not here to defend himself but people can read -- if they want the other case that the court will hear their two big cases.
Involves the defense of marriage act which President Clinton signed in 1990s sex.
Which bans federal marital benefits for same sex couples who were legally married in -- states you.
Have acknowledged that states have the right to declare that it did decide that same sex marriage is legal.
As a conservative.
Isn't marriage state issue in -- -- federal interference wouldn't that be unconstitutional.
Well I don't think so and neither did a democratic president and overwhelming majority I was -- mind well of course a lot of people are changing their minds because there's been a full court bless let's by the popular culture.
By a lead spy all kinds of folks to.
In tip of the day and -- how were people.
Into no longer -- marriage as being between a man and one by the way wondered what really went up at a bit let me bring that I had to go Chris.
Chris at what the biggest problem that mr.
Bauer faces not just this morning that but moving forward.
In a bit more than 65%.
Of his own base self describing evangelical Christian.
Under the age of 33.
Support marriage equality 80%.
People in this country right black Democrat Republican man woman support marriage equality.
More than 60%.
Of all Americans.
Everyone supports marriage equality.
And that very same activist court that he railed against the -- hostility this morning.
On the side of freedom they -- the very same court that overturned gun bans for over reaching the call that very same court that overturned campaign finance reform.
For over reaching so weakened -- the court.
For its activism -- we don't like their.
Behavior that I can't say let them that this isn't a court look -- always sides of the side of liberal let me pick up on this -- -- you want.
But the -- I think that you bought her that's yeah that's -- I bet you any out.
Ethnic -- that's the case not arrogant a product -- -- just try to -- traffic -- I hear.
Would you like to see the court rule that there is a constitutional.
Right to same sex marriage.
And what about the argument that if you do that that you preempt that political.
Debate that has gone on in this contract -- -- put up a quote from Ruth Bader Ginsburg.
The justice Ginsburg who was a big supporter of abortion rights but has problems with Roe vs.
Wade and -- said.
It's not that the judgment was wrong but it moved too far too fast she says the reason we're still arguing about abortion forty years later.
Is because it came down -- a judicial Fiat when it was being worked out by the states.
Look I think that we all know especially from watching the health care decision it just came down.
That there -- about I don't know.
Ten different things that this court can do that could strike down narrowly the prop eight decision they can have a more broad ruling and we'll wait and see what they do.
What's going to happen in this country is that eventually there will be nobody left book on a show like this to debate both sides of the issue.
-- time marches on this is a country that believes pretty squarely in -- -- But if that's the case if that's the case then why not just let the state legislators do it -- not act.
Asked the court to declare some overwhelming new constitutional right.
We just heard from Rand Paul -- legislatures are about ten years behind the public's I think senator.
Paul just gave you pretty good reason not to do that but I can't I can't instruct the Supreme Court -- to do we'll see what they did the -- All right well Chris exact that's exactly what to brief does it does try to instruct the Supreme Court what to do quite frankly the argument.
But the public.
Is overwhelmingly in favor of same sex marriage Chris is ludicrous.
States have voted.
To keep marriage the union of one man and one woman you touched on the key issue here if it was so obvious that the American public.
Wants to try a radical social experiment.
That results in children and those households.
Definitely definitely not having a mother and a father that's what makes -- -- a special institution.
It guarantees of women and the children have mothers and fathers.
If the opinion of the American public was so overwhelming.
The gay rights movement and their allies like Nicole would not be asking the Supreme Court.
To say to the American people you have no say on this issue we're gonna decided here -- But wait a minute the Washington Post had a new poll out this week let's take a look at what it's sad and I take your point about the fact that the vast majority of the states -- -- -- 58%.
Now think same sex marriages legal 36% illegal ten years ago the numbers with the reverse 37%.
Legal 55% ladle and as a big generational shift look at this among people between the ages of eighteen and 39 the margin is 70% to 27.
Now I'm not suggesting.
That it -- big deep moral and constitutional issues should be decide by polls but you're also a Republican addition to being a social conservative.
Do you worry.
Only puts the Republican Party further out of touch with the mainstream of American voters now.
I'm not worried about because the polls are skewed crest just this past November.
Four states very liberal states voted on this issue my side lost -- for those votes.
But my -- had 4546%.
Of the vote in all four of those liberal states in fact.
Does marriage amendments that I supported that would keep marriage man and woman out branded Romney and as for liberal states by an average of five point.
All right and like Jimmy said on the planet I -- -- now I think we're out of time I I got a got -- -- -- I just -- ask one final question.
How important and again I don't think that the politics of this should be -- determinant factor and and hopefully won't be in the Supreme Court.
How important do you think same sex marriages as a gateway issue.
For Republicans maintaining credibility -- new younger voters.
I think what's most important is that the debate remain civilized that it remain intellectual that it remain in this debate about the the the role of marriage in our life and I think that we have to have room in our party.
For both mr.
Bauer and me.
Well on that note of unusual.
Agreement that called Gary thank you both thanks for talking with us and we'll hear.
What the justices have to say when they consider these two cases this week thank you both -- you.
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