if prop eight is upheld, it's in the that big a crisis because we've essentially dealt with this problem before. >> judge vaughan walker in his unusual ruling said proposition eight fails to advance any rational basis in singling out gay men or lesbians for denial of a marriage license. indeed, the evidence shows that proposition eight does nothing more than enshrine in the california constitution, the notion that opposite-sex couples are superior to same-sex couples. for those of us who are the exposed to voter propositions and the effect that they have, how does this compare to legislation that's passed by a legislature? if the voters have voted on this, where does the court come in in terms of determining whether it's fair or not? >> you know, as a legal matter, it makes no difference whether a law is passed by voter initiative or through the votes of legislators. the law is either constitutional or it's not. so the fact that it came from the voters really doesn't have