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that we see from places like massachusetts, vermont, iowa, canada, south africa, that ending marriage discrimination helps families and hurts no one. the more people have a reality on which to judge this instead of scary right-wing rhetoric and fear mongering, the more people move in support of this. to miss gallagher s point, she was saying the court said there s a right to gay marriage. the court wasn t saying there s a right to gay marriage. they were saying that everybody has a right to marry that is a fundamental right. that s exactly right. my organization that s excuse me. that s the judge s point of view. so i just want to get clarification on the judge s point of view from mr. wolfson. my organization is called freedom to marry. it s not called gay marriage. it s not mandatory marriage. the not called you have to do what somebody else wants marriage. it s about the rights we all share as americans to make a personal choice of a partner in life and have that com
to demonize and undermine the courts. we need to stand up for that. miss gallagher, this is probably going to go to the supreme court. given the conservative nature of the court right now, are you confident that they would not that they will uphold proposition 8? i m optimistic. this isn t the first federal judge to strike down a marriage amendment. it happened in nebraska in 2005. the 8th circuit immediately rejected the idea that there s a right to gay marriage in our constitution, which doesn t exist. and we think the reason you know, this case was pushed by two straight guys with big egos. you just heard from them. against the wishes of the gay legal establishment. i think they fear what we anticipate, that there are not five votes to import into our federal constitution the idea that to make a marriage you need a husband and wife is somehow bigotry akin to mr. wolfson, do you agree with that? the supreme court may not uphold? t.? well, we re going to have to see what
you re saying when it s rooted in our constitution, yes. okay. that s all i wanted to know. like the racial discrimination in the 14th amendment. that s all i m asking. but this is a big stretch to imagine that our founding fathers were banning gay marriage in passing our constitution mr. wolfson i think many people will recognize that. she raise point a lot of people raise is why should one judge be able to overturn the will of the people? well, it s not just one judge. it s the whole system of courts and an independent judiciary. it s the whole idea of a constitution. in america we have two great political principles. one is that kings don t rule, the majority rules in ordinary things. but the other equally important american principle is that there are certain things that don t get put up for a vote. you don t put my freedom of speech, my freedom of religion, my freedom to marry up to somebody else s dictate because that belongs to all of us. and the courts a