didn't defend it may have a bearing on what the court does with the case, but if they strike it down the bigger question is how do you define marriage in this country because the federal government obviously has a compelling from in defining marriage when it comes to what it gives benefits to or what it gives money to or subsidizes. so, the door then is open even broader as to how we define marriage. >> i want to ask you, he evan, because as i see it. if doma is struck down, it doesn't mean that gay marriage is now legal in the country? unless the supreme court goes way out on a limb and rules, and the reason it's unconstitutional is because of the equal protection clause, but the summations i read, nobody seems to think they're going that far? >> well, the defense of marriage act, so-called, is the federal law that shays that we're going to have a gay exception to the normal way the federal government treats married couples. all other married couples who get married by licenses issued by the state or other