Regarding one of Walker's thornier questions -- how a ruling striking down Prop. 8 as unconstitutional would affect the constitutionality of the federal Defense of Marriage Act -- Olson said, "Even if you assume that DOMA is constitutional, it's still critical to eliminate state discrimination that prohibits gays and lesbians from marrying. This is the last area in our country where we have state-sponsored discrimination."

During the call the attorneys reviewed their systematic attempt in court to dismantle Prop. 8 proponents' primary arguments: that marriage was intended for the purposes of procreation, that it has always been between a man and a woman, that changes in marriage laws are better handled via the political process, that gays and lesbians in California are already afforded domestic partnership rights, and that allowing gays to marry would endanger heterosexual marriages.