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The case says there's this definition passed by a ballot initiative that says that marriage is between one man and one woman. if the the supreme court goes broad on that and says there's a fundamental right for same-sex couples to marry, that could flip the remaining states to require them to have same sex mar marriage. i don't think that's going to happen. for example, the court could look at this and say there are a bunch of states that say we're going to give you the rights and benefits of marriage, but we're going to withhold the word marriage. the court can look and say you're worried abo...

Do the loving vs. virginia move. right now, it would be washing out 41 states. >> so very quickly before we go, today is a good day for supporters of gay marriage. that's the bottom line? >> i think it's a great day. i think it's a great day because in the perry case, there's no question it's a great in respect to doma. for the perry case, it's a great day even though there might be skeptics because in that case there's a beautiful record, there's a trial in this case. whenever there's a trial, the pro-gay side wins. it's almost a per se rule. in red states like arkansas and florida, the gay r...

Or what? >> well, there are a couple of thijs here. the first is that the judge did not need to recuse himself. not only was he appointed by reagan but he also -- >> apopointed by bush the elder. >> sorry. was a few years off. what i wanted to say is he also represented the olympics against the gay olympics so he is a conservative judge. just because he's gay doesn't mean he needs to recuse himself. >> not conservative. libertarian judge, i would say he's libertarian. look -- >> ok, well, his previous rulings. >> if you live in california and you voted against prop 8 for whatever reason, ok? a...

Or what? >> well, there are a couple of thijs here. the first is that the judge did not need to recuse himself. not only was he appointed by reagan but he also -- >> apopointed by bush the elder. >> sorry. was a few years off. what i wanted to say is he also represented the olympics against the gay olympics so he is a conservative judge. just because he's gay doesn't mean he needs to recuse himself. >> not conservative. libertarian judge, i would say he's libertarian. look -- >> ok, well, his previous rulings. >> if you live in california and you voted against prop 8 for whatever reason, ok? a...

Or what? >> well, there are a couple of thijs here. the first is that the judge did not need to recuse himself. not only was he appointed by reagan but he also -- >> apopointed by bush the elder. >> sorry. was a few years off. what i wanted to say is he also represented the olympics against the gay olympics so he is a conservative judge. just because he's gay doesn't mean he needs to recuse himself. >> not conservative. libertarian judge, i would say he's libertarian. look -- >> ok, well, his previous rulings. >> if you live in california and you voted against prop 8 for whatever reason, ok? a...