channelling procreation into the stable family relationship. that you shouldn't go blithely changing an institution that has served society and been actually the building block of society for time immemorial. what the judge said, though, is there's no evidence to indicate that the state should recognize that, that there's no indication that same-sex parents are any less valuable or good of raising children than opposite-sex couples and said that the state failed to show why these same-sex and opposite-sex couples should be treated differently. >> what is the argument to overturn the judge's decision? >> constitutional argument will be that there's a legitimate reason for the state to make a distinction. you know, what the law says is that you can treat people differently if you have a good enough reason for it. they'll claim they do have a good enough reason. tomorrow, the judge will decide whether to continue the stay or let it go and let marriages start. >> okay. >> all right. nbc's pete williams there with