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That congress, he said, basically has always traditionally deferred to the states to define what marriage is. how old you have to be. all those questions of what it takes to constitute a legal marriage. and he said congress does not -- he seemed to indicate congress does not have the power to do this. so, you know, two different reasons, but you get to five votes to strike doma down. i started to say one difference. i think many people looked at these two cases here coming this week. yesterday's prop 8 case. today doma. as perhaps expecting that the court would issue some kind of sweeping ruli...

Important day in your life. that's to explain this. is this going to weigh on court watchers like you thought it would? that there's a real challenge now that seems to be showing itself in the court arguments today to doma, the defense of marriage act, that it's in trouble? >> reporter: yes and no. i think doma is in trouble. i think that was widely predicted here because of the fact that the court was going to take the case. but that it did seem like there were at least five votes today to strike doma down. although not for the same reasons. i think for at least four of the more liberal justi...

But that only gets you to four. the fifth vote it seems, justice kennedy, sees this a little differently. not as a question of equal protection, but rather as a question of federal power. that congress, he said, basically has always traditionally deferred to the states to define what marriage is. how old you have to be. all those questions of what it takes to constitute a legal marriage. and he said congress does not -- he seemed to indicate congress does not have the power to do this. so, you know, two different reasons, but you get to five votes to strike doma down. i started to say one diff...

Latest updates on this topic from reliable sources.

Latest updates on this topic from reliable sources.