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In which colorado restricted the rights of gay and lesbian officials and the supreme court of the united states struck it down as unconstitutional. but both in that romer case, and in this case today, the court said if you are going to select a class of our citizens, these are our citizens that are presumptively i entitled to be treated like other citizens and select them out on characteristics that are peck cue yar to them you have to have a reason to do that so. and the reasons articulated throughout the litigation were lacking by the ninth circuit and the court below it. so those principles...

In a case called loving versus virginia, 16 state laws were wiped out, laws that would have prevented the president of the united states, his parents, from getting married in virginia in 1967. they would have been guilty of a felony. this decision is very much like that decision. >> you were clear from the beginning that you wanted a case that could win at the supreme court. you wanted a landmark case. as i put words in your mouth, you don't speak that blunty. could that be that case? do you see this as the likely path forward as to what the supreme court decides to take up? >> we thought this...

>> i'm no expert on these matters, especially compared to you, but the ruling seems to be narrowly construed to aapply just to the situation in california, to not assert a right to marriage equality more broadly. is that the way that you see it, and did you expect it to come out that way? >> actually, i think it's a very broad decision. let me explain that. in the first place, the court said that california was somewhat unique in that as you said a few moments ago proposition 8 took away the rights of same-sex persons on to get married. but the right exists in many other states now, and people...

There is another case that could possibly be a better case to get in front of justice kennedy. so that's playing out here as well. the truth is there are so many moving parts, and don't forget the supreme court is looking at so many landmark blockbuster cases in the next two years that has to factor into this. whether the supreme court wants to take on another huge mega issue when they're looking at so many right now. >> i feel like it's sort of always a big-time in what's going on the in the judiciary, but for the next year i feel like we need to give you an ankle bracelet and keep you nearby...

Editor at salon.com. thank you for coming in late tonight. >> sure. >> in your cole lum, you wrote there's a real chance tonight will belong to rick santorum. how did you know this would happen? >> that was an under statement. i was expecting best case two out of three. things that are almost unimaginable at that point he wins all three. at this hour he is ahead big in colorado. we don't know where the votes are coming from. it is a big story for two reasons. santorum resurgence. you say gingrich as the main opponent of mitt romney. i think there is a chance, given the trajectory of gingrich's...