Wolfson spends a good deal of time saying that marriage should never be put to the vote of a people. Has he checked that argument with gay marriage activists in Maine, who have chosen to go that route?

Wolfson also says "there are basic rights, basic freedoms that are protected for everyone under the Constitution. And it's exactly what we don't do, is have a big debate about whether you should have freedom of religion, or whether I should have freedom of speech, or whether you should have the freedom to marry. We're all Americans, we're all entitled to basic rights and protections and we don't put that to an up or down vote."

Brian Brown responds: "But all of us agree on that issue, we agree that we have civil rights, the question is whether there's a civil right to redefine marriage. And we disagree on that."