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milinea. it's very difficult for the court to say oh well we know better. >> you don't let them participate in this basic institution that that violates the 14th amendment. >> people who are not permitted to be married in a lot of states go and do that and they come back to their home states and the home states follow the rule of marriage celebration. >> well, the arguments today. it's very rare that we get to hear same day audio from the u.s. supreme court. we did today in this big case about same sex marriage. we don't often try to divine how justices are going to come down based on their questions and their arguments, but it is clear that this court is guided. and the swing vote may be as it has been before justice anthony kennedy. as you look at new fox news polls on the issue of same sex marriage you can see favor legalizing same sex marriage 48%. oppose 44% and how that has

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