to see whicho have direction the court does. different views were represented by proponents of proposition 8, the challengers of proposition 8, and the solicitor general's office. the court will have to choose between those visions of the outcome of that case. are you prepared to accept that? >> that is not an issue in this case because the california supreme court has already said marriage is created for the brief time it was created in california will be recognized. >> then this whole battle starts all over again. >> our position has been the political process state by state, states deciding for themselves, that is where this debate belongs. this is not something that should be imposed by the judiciary, by the court. returns tois issue the legislature and the representatives were belongs. >> one of the big issues in this case is the integrity not only of states' rights, but the integrity of the initiative process. if it is determined the initiatives passed by voters can be vetoed by that government then that would be a fatal b