>> julie: you? reaction from the top city attorney for opponents of california same sex marriage ban, former u.s. solicitor general ted olson saying the judge in the case was merely applying the constitution to end discrimination, and not engaging in judicial activism. when he overturned the voter approved ban this week and he spoke on "fox news sunday" this week. >> we are talking about a fundamental right the supreme court characterized as the most fundamental relationship we have in this country can be deprived of certain individuals because of the color of their skin, or because of their sexual orientation. >> julie: joining me, lis weihl, and paul callan, and this is a touchy subject but one that the state of california has voted on, the judge, essentially saying that he's protecting the constitution, paul, does the constitution even cover marriage