david boies and ted olsen. chad griffin is the president of the human rights campaign and started the original appeal of proposition 8 that made it all the way to the supreme court today. chad, thanks for joining us. pete talked about some level of expectation with some folks this might be the gay marriage or the gay rights roe versus wade and he thinks based on what he heard today, we're more likely to go for a narrow ruling, maybe overturning prop 8 in california, but not broadly in the country. is that enough for you? >> i will leave it up to pundits and reporters like pete, to be able to read into what these justices, the questions that they ask at the end of the day, the justices ask tough, probing questions of both sides, that's what they're there to do. what i focus on is the incredible argument that ted olsen made before those justices and the case he made that by denying the couples, the fundamental right to marry the one that they love, it harms them greatly. and by the way, it also harms no one else

the only person who understood what i had been going through was ted olsen. >> and ted olsen has takens. >> from conservatives, not surprisingly, amongst conservatives. what was his reaction been to the criticism that he's faced? >> he's been off the ra si ae'sl though less and less as he keeps winning in california. his point is, look, this is a constitutional issue, this isn't a democratic/republican, liberal/conservative. they believe gays and lesbians should be allowed the right to marry because it's guaranteed in the equal protection clause of the constitution, period. no matter how many states have voted to ban it. that's the case he'll be making tomorrow. >> and we've been obviously tracking public opinion polls on this issue for years. >> yes. >> and right now there's more public support nationally for same-sex marriage than ever before. how do you think that, public opinion, can affect these arguments? >> well, again, you spoke earlier about how having a member of your family or a friend or someone you know who's gay can affect you, well, public opinion polls can do the same t

my name is ted olsen. and i'm long-time resident of the neighborhood. and a member of the market- market-octavia plan. cac. th that i am a member of the mission dolores neighborhood association. and i must respectfully disagree with my supervisor, the planning department. and even my own colleagues on the market-octavia cac. but before you do that, i want to praise prado, who has been a superb developer consulting with neighbors. i want to relieve the prada representative of the conditional use, because if you view the current plan, you will take the responsibility for traffic congestion and they don't have to worry about that. i would like to speak to the safety rational. i don't think there is a significant problem there. the long lights do indeed allow for safe crossing. as i mentioned before, i think that a superior solution would be to raise a slightly raised plaza there in the triangle. with that raised and a different color, would alert any motorists from either way to showdown and encourage pedestrians there. and we need not -- slow down, and ne

is. >> so ted olsen was president bush's solicitor general.top legal mind in the bush administration. and he has partnered with david boies who is, i'm sure, famous for many reasons, one of which defending al gore in the 2000 recount. so there is this legal dream team that came together. and ted olsen has been an incredibly persuasive and effective voice on the right, making this legal argument and laying out a conservative legal framework for why marriage equality should be the law of the land. >> did sarah palin sign? >> probably not. >> is she on this list? do you want to double check on that? >> i'll double check on that. >> what about herman cain? >> i don't think he's there yet either. don't cross her when she's on 'roids. >> singing the sequester soap opera, joe's piece in "the new york times," if i can get to it. >> okay. >> it would be nice. "does president obama really expect americans to believe -- after four years, the banking and auto bailouts, several stimulus bills and a run of record deficits -- that our $16 trillion economy ca

prohibiting same-sex couples from marrying is unconstitutional, justice scalia grilled attorney ted olseness bee skbrin gay couples seeking to overturn prop 8 there is no date and time. >> how am i supposed to decide a case. >> the case started in 2004 with san francisco then mayor gavin newsom ordering the city clerk to order marriage licenses. it's clear where this is going in this respect. >> and tonight people are still here outside of the supreme court. partly because tomorrow the court takes up another issue signed into law by then president bill clinton. this month, he resaid he regretted signing that act into law. i'll be in the courtroom tomorrow and will be bringing you live reports. >> fascinating and important day. thank you very much. san francisco city attorney is assisting with the lawsuit. today in washington he told abc 7 news it's been a long fight and today's hearing feels rewarding.

that was a great answer by ted olsen. he is very conservative. he was on the bush side of bush v.e, but him and david boyce are arguing together. terrific answer to justice scalia here, the deciding vote probably anthony kennedy. the real question is what does he think. we had a good insight based on this exchange. cenk: ooh that sounds like good news. let's see which way he goes. of course, they could rule just on standing, which is the legal part of this case where they wouldn't go to the substance of the issue of gay marriage. we'll find out which way it's going to go, was soon enough. reds bring in kevin surly a reporter at politico, covering the case. kevin, first let me ask you about any indication on which way the justices are going based on their questions or anything else that happened in court today. >> thanks for having of me. i think you nailed it in the clip that you just played of justice kennedy seemingly indicating and talking about the 40,000 children in california who have parents who are same-sex couples and being, you know, not being able to get married. i thin

that latter position was argued on behalf of the plaintiff by ted olsen.rvative super lawyer and former bush solicitor general who successfully argued 2000's landmark bush v gore case before the court. the nine-state solution would make same-sex marriage legal in california and eight other states that currently allow full civil unions while leaving the other 32 states untouched. and even narrower ruling would reinstate gay marriage in california only on the basis that the state had no right to take away a right previously granted to gay couples. the justices could also take a pass on issuing a definitive ruling by arguing that prop 8 backers lack the legal standing. in effect ruling that they're the wrong people to have argued the case. >>> now all eyes are fixed on the potential swing justice, anthony kennedy. who in previous decisions has shown a fondness for advancing gay rights and state's rights. this morning, kennedy's questions provided some solace to both sides. he addressed concerns that prop 8 harms the rights of the children of gay couples, but

my good friends, republicans ted olsen and ken mehlman, when they talk about this issue, they don't supportriage equality. in spite of being a republican or a conservative, they support it because they are conservatives. at the end of the day, regardless of what faith tradition become from, we all grew up learning the golden rule, treat others as you wish to be treated. quite frankly, the freedom to marry and one's fundamental right to marry the person that we love in this country, is the most conservative of american values. and so when i hear ralph reed or rush limbaugh, it reminds me of someone seated in solitary confinement, they're talking to themselves with their own voices echoing. >> the voices in rush limbaugh's head are strong and loud. but let's open this up to our panel in new york. karen, could we be, there's a lot of talk of this rnc document and the fact that it doesn't mention church or christianity. and some blow-back as you're seeing from evangelicals about where at the table the social conservatives sit. i will read an excerpt from the always-wise jonathan chate who said

of the original challenge to prop 8 in california, you were the person who hired david boys and ted olsens ole before you came to washington and now we're two weeks away from this argument. we're on the edge of history here either way. >> without question. we truly are now at a turning point in this movement. we have never had such an historic case, we have two cases, prop 8, the case about a state passing a law that prevents gay and lesbian people from having the freedom to marry. while at the same time d.o.m.a., the federal ban on recognition of states that have marriage equality and it's really incredible. as you saw with senator portman today. what senator portman and his wife have gone through is the same kind of evolution that every american goes through on this issue. >> that your family went through. >> indeed, it's exactly. that's what i was thinking about my own family. when i heard that incredible news this morning. and you know, senator portman is now joins a long list of americans, democrats, republican, independent alike who are supporting the right to marry the person that

ted olsen, former solicitor general will argue for the plaintiffs trying to overturn proposition 8. there is a lot of legal talent in that room. not just on the bench. the supreme court, they have had such interest that they will release the audiotapes of the arguments earlier. usually they wait for a while, wait for a couple of days. and they will be available for everyone to listen to. >> thank you for being here. we love having you. coming up tomorrow on "starting point," analyzing the first day of the same-sex marriage with the court with the audiotapes we have. and julia stiles will join us. she has a new movie, called it's a disaster. cnn newsroom with carol costello begins right now. we'll see you tomorrow morning. >> happening now in the newsroom, history in the u.s. supreme court. as dozens wait for days to hear nine justices debate same-sex marriage, will they redefine marriage? or punt? >>> also, shock waves in italy. amanda knox' acquittal on murder charges overturned. her lawyer ready to fight. >> we are surprised, because we thought the case was over. but at the same t

you've got ted olsen, who leading republican, former solicitor general under president bush the man whobush v. gore in front of the supreme court for george w. bush who is david boyce, one of the two leading attorneys who has brought the california proposition 8 issue into the -- in front of the supreme court and the defense of marriage act. eighty leading republicans wrote a letter to the supreme court in support of overturning the defense of marriage act, and recognizing same-sex marriage at the federal level goes on and on. yesterday, republican senator rob portman, remember who was considered a leading contender for vice president to the obvious ticket with mitt romney last time. he has always been an opponent of same-sex marriage. yesterday, in an interview with cnn, he said: guess what. i am here to tell you, i changed my mind. >> i am announcing today a change of heart on an issue that a lot of people feel strongly about. it has to do with gay couples' opportunity to marry and during my career in the house and, also, last couple of years here in the senate, i have taken a positio

i'm also eager to see the lawyers arguing today, ted olsen, charles cooper -- host: what makes them aulous lawyer? guest: it is some combination of confidence, memory, articular thteness. this is an active badge so you will not get into an argument before you are interrupted. i was reading about john w. davis who argued a case in the 1930's trying to defend a new deal statute and argued for 80 minutes and did not get a single question. i predict lawyers will not get two minutes into their argument before they will be besieged by questions from the bench and it is difficult but when you are getting questions from nine different people that you have to respond quickly. thank youhael klarman, very much. our coverage of the oral arguments of proposition 8 today and the defense of marriage act tomorrow begins at 1:00 p.m. eastern time. court will release the audio of the proposition 8 argument between 1:00 and 2:00 p.m. and we will bring that to you and you can tune into day or listen through your smart phone with our radio app. onming up next, sudeep reddy, public-sector job losses but fi