0 programmer from new york named edie windsor is the person bringing the case forward. doma barbie irs from recognizing her marriage to another woman. it sent her inheritance tax when her spouse died. >> i couldn't believe they were making a stranger of this person i loved for 43 something years. >> nine states permit same-sex marriage along with washington, d.c. 38 others ban it either by law or constitutional amendment. one of the states is california and yesterday proponents of proposition 8 argued it makes sense to limit marriage because only opposite sex couples can produce children. justice alaina kagan said whether that means they can bar older couples from marrying as well. >> even with respect to couples over the age of 55, it is very and the constitutionality factor, from your reading of the court, do you have guidance on what you received justices to go and are we looking at kennedy again? it all comes down to kennedy. >> that's pivotal and he wrote the two significant cases in the past. it's different here because you have a group of conservative constitutional scholars who are urging the supreme court to strike down doma on state rights grounds. they have no constitutional warrant to be defining marriage. that's always been something for the states to do. the landscape is different. >> pete williams for the supreme court. we appreciate it. >> former president clinton's transformation on same-sex marriage is a microcosm of the shift in the nation as a whole. in may of 1992 during his first presidential campaign, he gave a landmark speech on gay rights in west hollywood, california. the first large scale campaign event for gays and lesbians. >> those of you who are here tonight, you represent a community of our nation's gifted people who we have been willing to squander. we can't afford to waste the capacities and the contributions and the hearts and the souls and the minds of the gay and lesbian americans. for every day that we discriminate, that we hate, that we refuse to avail ourselves of the potential of any group of americans, we are all less than we ought to be. >> soon after he became president, clint an's relationship eroded after he signed don't ask don't tell. in the middle of the campaign when the defense of marriage act was passed, president clinton signed it into law. >> president clinton signed the bill from recognizing same-sex marriage marriages. without fanfare after returning from the campaign trip after midnight, mr. clinton signed the bill. the white house said the president long opposed recognition of homosexual marriages, but hopes the bill won't be used as an excuse to discriminate. >> earlier this month, the former president wrote an op ed call thing doma inc. patable with our constitution and saying it should be overturned. it pits the obama administration against house republicans who are the ones left defending the law. >> in our system of government, the administration doesn't get to decide what's constitutional. the supreme court does. our financing the lawsuit was to make sure that the proper forum was used to make sure that we know what's constitutional and what isn't. >> nbc's senior editor mark murray is here with today's first read. i think we are fascinated with clinton's shift and how it speaks to the change in the democratic party. i want to put up the quote that claims clinton advocated for a marriage ban. ter kerry, clinton ventured should consider defying democratic interest groups by endorsing the bush proposal with gay marriage. either way, it shows you that even two campaigns ago, this was a central issue that some were saying democrats should go to the right on. now it seems that for any campaign coming up, the argument will be who switched first? the earlier supporter. who is more inclined? >> a lot of people on this issue. politics always change and successful politics are the ones who change successfully. one thing worth noting is just 30% of the country supported gay marriage and moved 21 percentage points. that's just in nine years. you can look in 2004 and it was a good politics to be against gay marriage. now not. politics president obama has changed and hillary clinton changed. this is evolution for a lot of people. >> he's a master and fascinated how this is setting up president obama. against john boehner. >> this changed too and you did see when the house republicans took up the lawsuit and started to fund it, this was in the spotlight and it was very interesting, the stuff coming out of john boehner's office had to do with the keystone pipeline and issues like president obama's organizing for action. nothing on these gay rights issues. the silence. >> even the lawyer does not want to talk to the press. immigration in arizona. michael bennett and chuck schumer and john mccain who will look at the border and seems the ball is moving on this to some degree. we are far away from the solution. >> the devil is in the details. we are supposed to get that the week of april 8th. we haven't gotten it yet. the press conference will be in no gals, arizona. i keep hearing they are close, but still nothing and we will have to find out. >> what is border security. senate madness. >> we have a great time. from my state of texas is facing a famous politician from new york state. we have a battle of southern titans in the 20th century. huey long versus richard russell and strom thurman and ed brooks. this is just not the team to upset, but a very famous 18th century figure. >> sam houston is the only statue that is holding a gun. >> that's texas for you. >> for all your senate madness, go to first read on nbc politics.com. round two at the supreme court. today's case has bigger implications for millions of same-sex couples nationwide. we will break it down next and former cia director david petraeus with the career-ending scandal. here's the politics run down for msnbc. john kerry is back. a heck of a long trip. 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