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Skeptical is used by the "wall street journal" about the question of whether or not this case should have been brought before the supreme court. they haven't talked about the arguments this morning on the marriage act or doma. after tuesday's heated debate after california's proposition 8. activists on social media. no consensus on how the justices might act. questions and comments on the justices about the reluctances of same-sex marriage in all states. several focusing on the term standing. whether the case has been properly defended by the state and traveled the correct legal path. that cou...

The federal government, the obama administration, will not defend it and believes it's unconstitutional and that is the one is that going to be argued today. theoretically they could say we don't know why we took this case because it is unstanding. >> gene, in the doma case, though, isn't the difference in terms of standing, it's not the administration or the federal government defending doma. it is a group of lawyers put together by the speaker of the house, by the house of representatives. >> right. >> so they do have, i think, a whole lot more standing than the group of people, the group of...

Pair and decide, okay, we will take these two cases and we are going to make our statement on gay marriage and where it is now? or will they sort of sever them and take sequentially? in other words, will this be the supreme court's statement on where we are and where we go on gay marriage? >> reporter: you know, i think that's is an excellent question. . i have to assume the answer is yes. i think they decided these two -- they evaluated these two cases as a pair when they decided to take them. they announced the grants the same day. and i think if they are thinking in these sort of grand stra...

Torn, it doesn't quite know what to do. they don't want to have to deal with this question just yet. they are uncomfortable with the standings issue. the reason why they were having these conversations is because the governor of california, the attorney general of california decided they think proposition 8 is unconstitutional. they are not defending it. so a group of citizens got together to bring this challenge. so if the case goes down on standing, that would at least give the court the ability to say, we can't even decide this issue because you folks shouldn't have been here in the first p...

Institution that is new on cell phones and the internet? we do not have the ability to see the future. >> you are really asking because of the sociological evidence for us to go into uncharted waters and you can play with that metaphor. there is a wonderful destination. >> justice anthony kennedy who could be the swing vote here. we address the legal implications and he discusses what the case may mean for children of same-sex couples. >> there is an immediate legal injury or what would be a legal injury. that's the voice of these children. there is some 40,000 children in california according...