passed with large bipartisan majority in 1996 and signed in law by president bill clinton who is now disavowing it. today, justice elena kagan pointed to the law's history. >> i am going to quote from the house report here. congress decided to reflect and honor collective moral judgment. to express moral disapproval of homosexuality. is that what happens in 1996? >> reporter: there was an audible renext the courtroom. but not everyone was convinced that was the driving factor behind the landslide votes in both the house and senate. including chief justice john roberts who repeatedly questioned the implication. >> so, 84 same question i asked before. 84 senators base their vote op moral disapproval of gay people. >> former solicitor general paul clement represents the house members fighting to defend doma since the obama administration announced it would not said lawmakers considering the 1996 legislation asked the clinton justice department for its view of the constitutionality.