constitutional amendment -- >> very low turnout election. >> eight months ago by 61%. the polls in california had us at 36%. support for tradition al marriage. but when people came out, they voted by 53% to support traditional marriage. so the real issue is, is the court going to launch another culture war by trumping the votes of these states and of the duly elected members of congress who passed doma. >> let me ask you this, if they punt, if they punt prop 8, is that a victory or a loss or a fight another day? >> well, again, i disagree with pete. i don't think the court is going to punt. the court is going to answer the question. the question is simple. do the people of the state of california, do the people of the states of this country have the right to have their voices heard, or is the court going to trash over 15 million votes? the lower court ruling wasn't just about proposition 8 and what is being brought forward is the myth that somehow embedded within our constitution