down and said equal protection, you know, it should be struck down. >> right, right, right. just today, the supreme court, as you said, 6 to 2. because because earlierstate p, we do not want preferential treatment based on race or gender or what have you, we will allow the state voters to decide. now that is the law in michigan as it is in about seven other states. >> and you know why? >> it's a state by state call. >> correct. >> the program government is not imposing anything. >> there is no authority in the u.s. constitution to undermine elections. this is alection where they put this proposal forward. >> gay marriage election in california. >> so there is some inconsistencies here. >> oh. >> legal reasoning. >> absolutely. >> technicality though. >> spotlight on. >> it's always the same argument. you are doing the human rights thing. you know, that you pass a law that restricts affirmative action, that's gonna unfairly target african-americans or hispanic americans. and you are going to pass a law restricting gay marriage, that's unfairly targeting homosexuals.