overturning the laws and in nearly 45 states that have defined marriage as according to the historic definition of man and woman. >> so, obviously, you are going to see what happens in the ninth circuit court of appeals which is considered as you well know a liberal court of appeals, so eventually though it wil get up to the supreme court. i guess you agree with that? >> yeah, no question it will end up in the supreme court. look, ted olson is a smart guy and one of the best constitutional lawyers in the country. >> and he is a conservative republican? >> well, he is a republican. i think that what he did is -- i mean, he knows what he is doing. this is the venue in which they could shop for a very favorable court, and he made the arguments under the 14th amendment that would most likely have been received by this court, and sure enough, they were. you know, the due process issue was one of the issues as well as equal protection that this judge brought out in his ruling.