. >> may it please the court, my name is theodore olson, i'm here on behalf of the plaintiffs. it is important to focus on the fundamental fact that california has engraved discrimination on the basis of sex and sexual orientation into its fundamental governing charter. the labor given to proposition 8 in the official voter's policeman get said it all. it eliminates the right of same-sex couples to marry. this proposition marginalized and stripped over a million gay and lesbian californians of access to what the supreme court of the united states has repeatedly characterized as the most important relation in life. >> mr. olson, you do think there's a difference between taking the right-of-way, and not affording it in the first place? >> yes, we do, judge reinhardt. that is what the united states supreme court said in a case going back to wrightman versus malke, in 1964, where the california citizens acted through this process and took away rights with respect to discrimination in housing, and that is what the supreme court said in roehmer versus colorado, that it does make a di

. >> may i please the court - theodore olson i am here on behalf of the plaintiff. it's important to focus on the fundamental fact that california has engraved discrimination on the basis of sex and sexual orientation into its fundamental charter to read the label given to proposition 8 in the official voters pamphlet said it all. it eliminates the rights of same-sex couples to marry. this proposition marginalized and stripped over a million lesbian and gay californians of access to what the supreme court of the united states has repeatedly characterized as the most important relation in life. >> do you think that there is a difference between taking the right away and not supporting it in the first place? >> yes, we do. that is what the united states supreme court said in a case going back to 1964 where the california citizens acted through this process and took away the rights with respect to discrimination in housing and that is what the supreme court said in romer versus colorado. that it does make a difference. i do not think as an original matter that it would