because then you set up a situation where some people have to flip justice ginsberg around, they have rich cream marriages whereas people who are same-sex couples in other states don't get any of those benefits. >> yeah. pete -- >> i think that opens up an attack in favor of trying to declare a nationwide constitutional right to marriage. what do you think about that, pete? >> reporter: i think that's an excellent point. and i think that's exactly why justice kennedy doesn't want to go there. because if they do go, as some justices today indicated that they were willing to say that the federal government can't make these distinctions, well, if the federal government can't make these distinctions between same sex and opposite sex couples, then how could the states? i think justice kennedy frankly isn't ready to go there. one other point that he made today, the -- remember who's defending doma. it's the house republicans. the obama administration has decided the law's unconstitutional.