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Concerned about kids or are they just looking for an excuse to maintain the discrimination against gay people? that is a question that is certainly below the surface here. >> because on the face of it, the case is not about children, although justices and courts have to be concerned about the welfare of kids. but this is about whether or not couples can get married. why are the justices going beyond that in the discussions? >> well, because one reason marriage exists and one reason marriage has been defined as between a man and woman, has been that this is how we -- the children come into the ...

Issue of doma, and the state of science, whether raising children with same-sex marriage families, the couple, is a good or bad thing, during yesterday's oral arguments on proposition 8, several justices and attorneys defending proposition 8 expressed doubt about the scientific consensus on the subject, justice scalia expressing doubts, justice kennedy expressing doubts because of how recently the body of knowledge is, and the lawyer defending prop 8 saying there's no doubt and no study. is that really the case? we wanted to know is that really the case, we wanted to bring in dr. drew pensky, ...

There is no potential damage to kids. you may ask, as i certainly think the cynical among us. are they really concerned about kids or are they just looking for an excuse to maintain the discrimination against gay people? that's a question that's certainly below the surface here. >> on the face of it, this case is not about children. although, justices and courts have to be concerned about the welfare of kids. this is about whether or not couples can get married. why are the justices going beyond that in this discussion? >> reporter: because one reason marriage exists and one reason marriage ha...

Issue and also the issue of doma, and the state of science, whether raising children with same-sex marriage families, the couple, is a good or bad thing, during yesterday's oral arguments on proposition 8, several justices and attorneys defending proposition 8 expressed doubt about the scientific consensus on the subject, justice scalia expressing doubts, justice kennedy expressing doubts because of how the body is, and there is no study that speaks to this issue. we wanted to know is that really the case, we wanted to bring in dr. drew pensky, dr. drew, you have been pouring over the research...

Are they just looking for an excuse to maintain the discrimination against gay people? that is a question that is certainly below the surface here. >> because on the face of it, the case is not about children, although justices and courts have to be concerned about the welfare of kids. but this is about whether or not couples can get married. why are the justices going beyond that in the discussions? >> well, because one reason marriage exists and one reason marriage has been defined as between a man and woman, has been that this is how we -- the children come into the world, historically. thi...