. >> that's a fair point, judge rinehart. that is a distinction with respect to the issue as it came to the supreme court in baker. there had not been the earlier period in which the california -- the supreme court had essentially legalized same-sex marriage. so that is a fair point. >> the california court, sir, said that's what the constitution says. it said that as citizens, we have to accept that from that moment forward. it was not a matter of pulling rabbits out of a hat or something like that. they said, this is what the constitution says. >> your honor, that's fair enough. they said, this is what the state constitution says. but under the california system, it is the people themselves who retain all the sovereign political governmental power, and they are free to review that decision, to disagree with it, and reverse it. and that's what they did in proposition 8. so, your honor, we would submit to you that the case came to the people of california the same way the case came to the california supreme court. on review f