someone who is concerned about gay rights although he said very little, i think nothing about the issue of whether the defense of marriage act violated gay people's constitutional rights. he was clearly very concerned that the defense of marriage act was invading the province of the state to define marriage. that's a state function, usually. and that would certainly be suggesting that he was going to strike down the law. and certainly the other liberals, the four democratic appointees looked like they were going to vote to strike it down. >> one other thing i wanted to throw in and i like your opinion too, justices scalia, ali do as well as chief justice robert all asked a lot of questions about whether if the reverse were in effect -- in other words, if the congress passed a law that said same sex marriage was okay for