marriage is, by definition, the union of a man and a woman and apart from all of this inevitability talk, 31 states have voted to say that is the truth. they ve embedded it in their state constitutions. only four have voted against it. there s a myth that somehow this is inevitable. look, north carolina passed its constitutional amendment very low turnout election. eight months ago by 61%. the polls in california had us at 36%. support for traditional marriage. but when people came out, they voted by 53% to support traditional marriage. so the real issue is, is the court going to launch another culture war by trumping the votes of these states and of the duly elected members of congress who passed doma. let me ask you this if they punt if they punt prop 8, is that a vict trin or a loss for another day? well, again, i disagree with pete. i don t think the court is going to punt. the court is going to answer the question.