that i personally will continue to wrestle with going forward. >> he's wrestling with it enough that he 'decided not to defend the constitutionality of the bill that works against it. a pew poll, 48% of the country oppose gay marriage, 42% support it. as a whole, the country. when you break it down to independenting, 44% were in favor, 43% not. so the independent voters is slightly -- in fact let's just call it 50/50 on the line. no surprise there. it's not clearly a big benefit so why is he doing it? >> i said before it's his base. he's a man almost 50 years old, a constitutional lawyer presumably.