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bullish in the court striking down the defense of marriage act. >> a potentially contentious exchange between ted olson and john roberts. i read most of it rather than listened it to. no. it was justice scalia. at what point did it become unconstitutional to deny marriage rights to same-sex couples, and ted olson said when did it become unconstitutional to deny that to interracial couples? and he said don't answer my question with a question. this came up repeatedly, the same logic that caused the country to change its mind to tell interracial couples you can't be married should apply to same-sex couples as well. you saw it referenced by the attorney general of california a moment ago on the show. >> he gave the right answer to it, but i wish he cited precedent for it, a slam dunk for it.

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