Last night on “The Colbert Report with Stephen Colbert,” attorney David Boies sat down for an interview with host Stephen Colbert after a segment on the ongoing legal battle over the constitutionality of California’s Proposition 8.

Boies, along with attorney Ted Olson, have argued that the state’s same-sex marriage ban violates the constitutional rights of free speech and due process. They represent two sets of plaintiffs suing the state over the ban.

A federal appeals court heard arguments last week after a district judge ruled the ban unconstitutional. The appeals court ruling is expected early in the New Year.

Prop 8 lawyer says ‘marriage is most important right’ on ‘Colbert Report’

“These aren’t conservative values, family values,” Boies said about Prop 8 proponents who argued that the state’s interest in marriage revolved around procreation. “Hundreds of thousands of children are being raised by gay and lesbian couples today. The United States Supreme court says that procreation is not the purpose of marriage. Liberty is the purpose. Marriage is one of the most important rights anyone has in this country.”

Check out the segment below:

The Colbert Report Mon – Thurs 11:30pm / 10:30c
Prop 8 Challenge – David Boies
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