we're at the point where neither this case or if they do duck it and just uphold the law in california. allow california to go forward with same-sex marriage and not provide a greater ruling, the loving vs. virginia moment is coming. the other side is out of arguments. >> i want to follow on that if as jonathan suggests there is an off-ramp that the supreme court takes what does that do to momentum in terms of marriage equal fo equality? the gay rights community? is that seen as defeat, stoke the fire, what's your read? >> look, every delay, every day that couples are denied the freedom to marry is real harm to couples. an insult to their commitment and love. it means that parents will die without able to dance at their kids' weddings. kids are growing up without the stability and security that marriage brings to many, many families. but in terms of the momentum,