that narrow ruling? if they do, same-sex marriage, assuming prop 8 is knocked down, then same-sex marriage could just be limited to california. and what we could end up have happening is a situation where you have something like 20% of the country where same-sex marriage is legal and if richard is right and doma is struck down as unconstitutional where you could have legally married same-sex couples in, say, california or new york who are then able to avail themselves of the 1,100 something federal rights that come with marriage, and yet gay couples, you know, who've been together for decades in states where marriage equality is not legal, you're setting up a two-class system there and a two-step situation where step one happens and step two is almost inevitable. >> as we think about this, everybody out there thinking about this it's basically two different lanes we need to watch with doma and prop 8. richard, in your cover for the new yorker you've written about the dynamic among the justices