that you are bible thumping. and then rush limbaugh attacks bill o'reilly. that fighting tonight on the "young turks" dot-com. "viewpoint" is next with john fugelsang. >> john: well today in honor of the defense of mar age act i listened to new kid on the block, and listens to other crappy things from the '90s. rush limbaugh is come plaining about the momentum of gar marriage, this is the same guy that paid elton john a million dollars to sing at his wedding. and we wish here at current, these two could put aside their differences. today is the birth date of late secretary of state. happy less than 50 to mariah

carry, and the fec approved viagra, and it is the anniversary of guys denying that they ever use it. this is "viewpoint." [♪ theme music ♪] >> john: good evening, i'm john fugelsang. this is "viewpoint" great to have you with us. back when abraham lincoln ran for the senate he told the hometown crowd that a house divided against itself cannot stand. lincoln was talking about a country split on slavery, and the same house divide was a play in the supreme court. only this time the issue was gay marriage. they heard arguments on whether doma was constitutional. the key issue as expressed in the act's own words is whether, and i quote . . .

now so far nine states and the district of columbia have decided the answer to that question is no. but as far as the federal government is concerned well parts of the federal government the answer is still yes, and that seens same-sex couples in those nine states and the district aren't entitled to federal benefits or the benefit of federal laws that favor married couples. which brungs us to today's plaintiff, edie windsor. she married thea spyer 40 years after they became engaged. but after thia died in 2009,' dee did not get the same treatment that a heterosexual spouse would have inherited. >> i realized that the federal government was treating us as strangers and i paid a hue moneying gous estate tax.

>> john: the defense of marriage act barred the irs from treating edie windsor as a surviving widowed spouse. she id paid about $360,000 in estate taxes that would not have been forthcoming if she had been married to man. ruth bader ginsberg argued that the law worked against state's interest, by weakening same-sex mare najs the states that allow them. >> john: and justice elaine that kagan, acting in defense of the government, sort of, to explain if the act was driven by prejudice against gays.

>> john: it's important to be objective. i couldn't agree more. for more i'm pleased to be joined by wayne besen, and by brian moulton, legal director for the human rights campaign. gentlemen what a pleasure it is to have both of you here again. brian you were in court today. what happened? and why did paul clemens who was once one of george w. bush's solicitor again rals present the case instead of the current solicitor general? >> you saw the justices considering the constitutionality of doma in the full range of issues there which was tremendous to have in front of the court. paul clemens was there, because

about two years ago the justice department determined that they couldn't continue to defend doma because it is unconstitutional. and so they sent letters over to the house and senate giving them the opportunity to step in and the house republican leadership decided to do that and decided to hire paul clement to defend the law in front of the supreme court. >> john: so president obama and attorney general holder don't want to defend this so they called up another solicitor general. >> right. >> john: wayne let me ask what your read is on what hand today in court. >> i think this was a great day in court. i think it showed that it was not only morally bankrupt but it could bankrupt people because

of the other 1100 benefits that gay couples do not get that heterosexual couples get. and we had a very sympathetic person in edie windsor. an 80-year-old woman who was together for 40 years and then hit by this enormous tax what -- i guess the only silver lining here is that it showed the republicans are willing to raise taxes for revenues unfortunately it's only if people are gay which shows the inherent unfairness of it. i believe this will fall. it will not stand. i'm very confident after today's proceedings in court. >> john: brian i'm still hung up on the fact that the government had to go around trying to find feerm government official to defend this law. what i would be the impact on marriage equality if the defense of marriage act gets struck down.

>> sure. if the court decides to strike down doma, that is going to address what justice ginsberg pointed out. where it's legal in nine states of the district, because all of those rights and benefits that come along with federal recognition are not available to those couples. so that means those couples are finally going to be fully married in the eyes of the law. and that's tremendously important for those couples. but there are so many more in inequities inequities. >> and i'm one of those couples. i married one year ago to my partner, in vermont. and our marriage was one of symbolism because he didn't have the same rights at the federal level. this moves that from symbolism and actual substance, and it will effect me personally.

>> john: let me ask you both do you foresee a domino effect happening if the supreme court strikes down this federal law which has been renounced by the very people who designed it and signed into it law, can you see a rapid succession of u.s. states coming in line? >> i certainly do. >> go ahead, brian. >> i was just going to say we'll certainly have to see what happens with yesterday's case as well, but a big motivator for many states that have yet to move to marriage is going to be the fact that now they will have citizens being denied not only all of these rights and benefits understate law but the important things that come under federal recognition as well. >> john: wayne? >> every day is like opening a cracker jack box to see what the prize is going to be at the

bottom. the senator from north carolina came out saying she was in favor of marriage equality. we had several senator before that. we don't know what is going to happen tomorrow. the worse-case scenario for the republicans and conservatives is if they win in the sense there's not -- they don't rule on the constitutional right to marriage right away. there are two and only two choices here. they can die with a big steak through the hear of marriage or die by death of a thousand cuts which will be opinion polls changing day after day after day, and marginalizing, slowly our opposition seeing state after state coming to the conclusion that it is unfair to treat couples differently just because of their sexual orientation, and it's not in the spirit of this country, which we don't get things right right away all the time, but we move in the right direction.

>> john: it's great to see progress taking place in our time, and it came because lbgt americans and their allies got organized and forced the leaders to follow them. brian a lot of court watchers are saying that the liberal block and swing justice kennedy seem ready to strike the act down today? how important is it to get one of the conservative votes? >> i think it is possible, and it should be. because we're talking about a law that disrespects the decisions that states have already made about allowing same-sex couples to marry, and that seems like a rather conservative concept. >> john: exactly. >> it would be great to see one of them come along. whatever the margin might be that we end up getting rid of this really harmful law that is hurting people like edie windsor. >> john: today we saw a big

surprise about justices thomas and sal -- scalia which we'll get into later in the show. >> look at the amicus brief that went to the court in terms of this case. we -- we had all of these conservatives came out and what were they? most were formal officials, those actually in government. many do support overturning prop 8 and the defense of marriage act, but they are afraid because the religious right has had a strangle hold on their party for so long. and they are going to have to have a so-called come to jesus with the religious right, and say we're losing the future between 70 and 80% of voters support this. you are going to kill our party if you don't give up this ana

mossty and making this crusade against lbgt people. and if they don't do that they are going to have to make a decision whether or not to divorce the religious right. even karl rove himself said he could see the next presidential candidate for the republican party potentially supporting marriage for same-sex couples, when you see someone like karl rove saying that you can see the writing is on the wall, and i like what the writing is saying now. >> john: exactly. and i believe there's a come to jesus moment for the evangelical right if only to tell them that jesus wasn't a homophobe. but regardless what the court decides in this case is the drive towards marriage equality inpop stoppable at this point? >> i think you have seen such a

tremendous support in the last several years. and we're going to keep working and if the court goes the wrong way on this question we'll keep working to repeal the ah law in congress, but we're not going to stop. >> john: gentlemen i could talk about this with you guys all night. wayne besen, and brian moulton, thank you both for coming on the program. and happy anniversary wayne. same-sex marriage isn't the only issue where republicans are losing. but they are working it. that's next. >>ok, so there's wiggle room in the ten commandments, that's what you're saying. you would rather deal with ahmadinejad than me. >>absolutely. >> and so would mitt romney. (vo) she's joy behar. >>and the best part is that current will let me say anything. what the hell were they thinking?

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alright, in 15 minutes we're going to do the young turks. i think the number one thing that viewers like about the young turks is that we're honest. they know that i'm not bs'ing them with some hidden agenda, actually supporting one party or the other. when the democrats are wrong, they know that i'm going to be the first one to call them out. they can question whether i'm right, but i think that the audience gets that this guy, to the best of his ability, is trying to look out for us. >> john: welcome back to "viewpoint." it's a time for our thing of the day, and tonight it's a our nice thing of the day about supreme court justices. i know how often do i get to do this? the two justices broke with other conservatives on the supreme court and stood up for a legitimate conservative principle, specifically that police can't use drug-sniffing dogs as probable cause for

saefrp warrant. some officers in miami tried that trick when they brought their dog to the man's front door. the problem is bringing the dog to the door was already an illegal search and both scalia and thomas said so. good job. sometimes it seems that everyone in the country is drifting left. except for congress, and except on gun control. in an article on talking points memo this morning, josh marshall observes the typical wedge issues like gay marriage immigration reform, and margin legalization all seem to be vanishing along againerational lines, while one remains strong as ever, guns. he writes . . .

well joining us now to discuss the evolution of wedge issues in this country is the creator and founder of the run2016.com, david catanese. thank you so much for your time this evening. >> thank you for having me. >> john: why do marijuana legalization and immigration reform polling so differently? >> i think any time you have big bold cultural change it's the old estrogen ration that is more resistant to the change. in basic time they have been with the current status quo a lot longer. a lot of ways they are less likely to have known a gay person, they are less likely to have interacted with an hispanic person, so for the younger generation they don't see these

issues as their parents and grand parents have because the culture has change sod much because more gay people are out now. they meet someone in high school or elementary school. same thing with the diversity of this country you -- a lot of people, you know, in the 60s and 50s didn't see as diverse of classmates as they sit in today. today they seeing students from all over the world that have come here. so that has a big part to do with it. >> john: i agree, but one area we don't see change is on guns. support for stricter gun control is now back at 47%. that is 10% lower than it was right after the massacre in newtown, connecticut. why does gun control seem to be immune from the generational

lines? >> i think one of the reasons that gun control may be a little bit different is because it is about security for people. i was -- you know in talking to just a republican pollster today, you know, they were telling me how people see this as a security issue, even a little bit more than they do sort of a sporting and hunting issue, which it still is important for many parts of the country, even with the rash of school shootings across the country, you know, people in the beltway and major cities may say, woe, something has to change. we need to crack down on the type of weapons, the amount of ammunition, whereas some people in rural areas say just the opposite, no, we have to arm up to protect ourselves because society has gone out of control, and police, authority, security measures aren't enough to protect me my family my children, and you see this i think in -- that's more

prevalent in rural areas, it's still a rural versus urban divide. but even some people in the cities say -- where crime is prevalent, they want the right to have a gun. so i think the security point and the right to bare arms it goes back so much further back in our history as far as a prevalent issue and a right and liberty that people think they are. >> john: and if you subscribe to as many nra and gun-mailing lists as i do, you know very well, they are selling you fear all day long. but back to that poll we just mentioned. how do you explain that drop in support for gun control. is the american public's memory really that short? >> yeah, i think these things ebb and flow with events and

gun control has never been a winnish issue politically, sering as those issues were in newtown and colorado they start to subside. and i was at a senate jew dishary hearing where they were renewing the assault weapons ban. and they had a load of statistics saying that the assault weapons ban didn't do much to lower violent crime in major cities. are lot of these crimes are being committed with weapons that wouldn't even be on your list, so there is a debate on how much you can actually do and how effective the ban are. and people are skeptical that new laws are going to make a difference, when say in newtown, when you take your parent's weapon, kill your parents and go into a school how do you

legislate to stop that? it's very tough? >> john: some would say releasing foe toefs the victims, but one wedge issue that is avowed is abortion. we only have a second left, but why does abortion remain such a wedge issue? >> i think abortion is going to be a wedge issue forever. i think a lot of these social conservatives still for an equality issue they still see the right of the unborn as a touch stone. the most conservative evangelicals are okay with gay marriages, -- millennials are okay with it, but abortion it's a much touchier issue. and i think abortion is even a tougher issue and going to be a tougher issue than gay marriage

i think in a decade, two decades, gay marriage could be settled, but abortion will continue to be an issue. >> john: david catanese founder of creates of therun2016.com. thank you for your time. >> thank you. >> john: how dead are these wedge issues? megyn kelly and bill o'reilly both spoke on it today. about political grandstanding.

♪ >> john: welcome back tonight on wtf tennessee we look at an animal abuse bill. this bill says if you recorded

incidence of animal abuse with cameras, you have to submit the unedited evidence to authorities within 24 hours or they can't do anything. turning over the tape it -- after 24 hours makes it inadmissible for animal welfare groups to build a case, and one of the groups supporting this ridiculous bill is shockingly enough, the american legislative exchange council, also known as alec. and in this case they are anti-animal rights. they have called animal advocates who capture abuses on video, quote terrorists.

wtf tennessee this is insane and cruel. a group devoted to corporate profits is behind something designed to protect the profits of the businesses that might be hurt if their cruel treatment of animals was ever made public. would call this legislation a trojan horse, but i know these guys don't give a damn about horses. >> nine. >> this is what 27 tons of marijuana looks like. (vo) with award winning documentaries that take you inside the headlines, way inside. (vo) from the underworld, to the world of privilege. >> everyone in michael jackson's life was out to use him. (vo) no one brings you more documentaries that are real, gripping, current.

>> john: welcome back to "viewpoint." now today on social media, i

asked all y'all if all y'all thought repeal of doma would make the gop drop the anti-gay marriage stance from their platform. susan wrote . . . susan that is outrageous and absurd and disgusting, and since this is the gop we're talking about, that is completely accurate. pamela wrote . . . i agree pamela if the past is any indication, the future won't be pretty for the republican party. if y'all have a comment for us at the show please tweet us, or @john fugelsang, or house the hashtag "viewpoint" or post it on our facebook page. the battle for the hearts and

minds of the american people seems to be all but over with over 70% of voters under 30 on the side of marriage equality. the future for discrimination is looking pretty bleak. and here are fox news personalities and all around swell people megyn kelly, and bill o'reilly making their stance clearly known. >> what is it about calling a gay union marriage that offends you? how does it hurt a traditional or heterosexual marriage? and i didn't hear anything that was particularly persuasive. >> i agree 100%. >> wow. >> the other side hasn't been able to do anything but thump the bible. >> john: what heros. what pioneers. congratulations america, you finally found a point of agreement between bill o'reilly

and bill maher. joining me now to discuss this and much more political comedian and creator of the deansreport.com, dean obediallah; comedian, writer and on-air correspondent for the fx series, "totally biased with w. kamau bell," janine breeto; and making his premier on the show actor and comedian richard chassler. welcome. i seem thrilled to be having this panel tonight with a muslim, a lesbian, and a jew. let's get started. after the past two days, things are looking very good for marriage equality. things are looking bad for doma after today's arguments, so should this be seen as a successful week for marriage equality, or a disappointment that we still may have no

nation-wide ruling on same-sex marriage. rich, i'll start with you. >> any time you bring at attention to a national issue it's a good week. people are forced to think about it, sitting in a diner going well, the red-wings on facebook are saying maybe we should let them share a home and get some insurance. >> john: and has social media a big part of this? >> i think it is a big part of it. but again, a lot of it is moving that way naturally. 70% of people under 30 support same-sex marriage and when i was here about, i think it's a big part of queer folks coming out and showing people that we are people and should be treated as such. >> john: dean how are you feeling about it? you are a muslim you all hate

gays? >> we don't. we have to follow the immediate of our gay brothers and sisters. and i remember in the movie milk, where i saw sean penn saying it. and if you are say you have to come out and say it. overall americans are open-minded tolerant people, and the more exposure, the more that pushes that along. so it's a great example for those not yet embracing it -- >> john: i had such a hard time finding an anti gay marriage comedian coming on this show. but it's great to talk about it. even rush limbaugh acknowledged -- he didn't endorse it, but he conceded. because rush limbaugh complaining about gay marriage this is a guy who paid elton john $5 million to come and sing

on his fourth wedding. i can only hope elton john spent $2.5 million of that on lube. >> i think the fight never ends for every minority group in america. i think the fight will continue on. but i think we have hit a tipping point now on gay marriage and it is going to move forward. you are going to be a big got, if you are against gay marriage you are a bigot with an asterisk. >> if you have bill o'reilly coming out saying i don't really care one way or another, which is basically saying okay i give up. now you are in the minority. >> john: we talked about rod portman, who spent the last two years still voting for a lot of

anti-gay measures, so he is now in support of gay marriages, and many democrats who were against it including bill and hillary clinton have come out in favor of it. and once again bill o'reilly makes a makes a decent point. >> you signed it, because you thought it was going to be popular, and now that it is not so popular you are against it. >> do you feel that way about barack obama too because he came out recently -- >> of course i do. >> but bill -- >> they pander. they don't care about gays. if they cared about gays they would have been on board in the beginning. >> john: okay. i take back the nice stuff i said. here is why they are liars. bill clinton and barack obama were opposed to marriage equality, although obama was on record of being for it back in '96, google it. bill clinton put his whole

presidency on the line to let gays serve in the military and if he hadn't signed doma there is a chance that americans could have had president bob dole. so does it matter these stances are being done just for political reasons. they weren't saying gays were a threat to traditional marriage ever. what do you think, jeanine? >> i don't think it matters. unfortunately they have to play the political game to get gain. and that's why it is important for those of us on the side of equality to be loud so we change the climate of the country. >> john: mike huckabee said if republicans continue to move towards gay marriage, they run the risk of losing the evangelical vote. rich where would they go? >> there is no place for them to

go. but i think the republicans would be damn glad to see them get off of that train. i think if you are a real republican and you are thinking what is really going to help our party even try to win an election the evangelicals are killing you. >> john: i couldn't disagree more. they are the base. and if the evangelicals decide to bail the gop never wins a primary again. when a couple of republican leaders accuse each other of ruining the party, stop arguing, guys. you are both right. be right back. how about this fast? clearasil's faster! this fast?? faster!! woh! that is fast! fix breakouts fast with clearasil ultra. it starts working instantly, sending the max amount of medicine allowed deep into your pores for visibly clearer skin in as little as 12 hours.

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>> john: we're back, i'm going to let dean make the point for me aeb evangelicals because he is a muslim. >> they are the ones going out and making the phone calls, they

are the most passionate. i wish they could lose them, they can't lose them. they are the backbone of the party right now. >> john: i will say, however, if evangelicals want to leave, there is the right to life party, check it out. and i say that because i know you are all watching. it's sad when republicans attack each other. here is more of it. two years after his term ended as the chair of the gop who won a lot of elections, michael steele is accusing republican leaders of and these are his words, crapping on his legacy. he would like to know where exactly reince priebus gets off blaming all of the party's mistakes on the man of steel. prebus become he became chairman, he was rnc general counsel under michael steele.

>> john: wow the rnc's office politic could be as bad as the rest of their politics. let's turn it back to my panel. i have met michael steele when he was lieutenant governor of maryland. really nice, nice, guy. he tried to get a lot of not-nice guys elected and was very successful at it. do you guys long for the good old days of michael steele. >> i can't believe reince priebus is still there. you almost lose control of the house, and everything else, i thought he would be gone for sure. i am shocked he is there but i love watching republicans fight. >> jeanine what do you think? >> it doesn't really matter to me either way. >> john: does it seem coincidental that the guy who

wins the elections loses the job, and the guy that loses all of the elections keeps the job, and the guy that loses the job is black? >> i think so. >> you lose the first black chairman of -- of the rnc, that gives you political clout -- >> john: among who? >> amongst moderates and un -- undecided. >> john: and all of the minority voters you are claiming to draw in. >> absolutely. >> john: republicans talk about new ideas in their autopsy. >> i can't believe they are changing anything. things are going so well. stop doing the anti-gay stuff, stop demonizing the minorities. >> when i read this, i literally

got this vision in my head of quincy doing this dissection of the republican party. >> john: i appreciate a good quincy reference, but jeanine i don't remember the democrats doing this kind of finger pointing when they had their asses handed back to them. >> that's true. i think it's the he said she said party. >> john: that's true. do you guys remember the white student union from maryland. they showed up at cpac advocating racial segregation in this century. now there are security patrols on campus. university officials say crime rates on the campus are among the lowest on the whole state, but it won't stop this hate group from completing its self

appointed rounds against you know who. why are these guys doing it? for attention? support? money? to get in the news so we talk about them? >> the guy who started this thing, he is a freakin' nazi. this is not his first racist organization. he started an organization prior to this that got somehow -- i don't recall what i wrote -- he had started a previous organization that was shut down and the campus doesn't recognize this as being legitimate. >> they are panicking, white people being the minority. i have a perk for them, you are going to be a minority you finally get a week to celebrate your heritage. [ laughter ] >> john: that's right. here is my question, jeanine, you think about how liberals

and democrats, and liberal celebrities like to get behind a cause. how do you think the republicans feel when guys like this show up at cpac? >> i think it bites them in the butt. because they are trying to have it both ways. they are trying to play to moderates, but still play to their base and you can't hide crazy. because it shows up at your apartment at 2:00 in the morning and then everyone knows. >> john: you dated her too. >> oh, yeah. >> instead of making the umbrella big enough to bring liberals in to the republican party, they push them out and have no problem bringing in the extreme on the right side instead of bringing in people on the left side -- >> john: in fairness democrats

do that all the time. they will throw environmentalists under the bus, so you are not going to see pandering to these guys but wouldn't you think they would like to see some distance? >> at some point you would think somebody would step up somebody would have the spine to say, you know what, this is absolutely not what we're about, we're not going to stand behind this. and if you want to come watch us move in this direction -- >> but fear is such a great motivator. >> it is the motivator. >> if they lose control -- if they lose control of the house in 2014, you'll see reince priebus out. or if they don't gain more senate seats -- even young evangelicals support marriage equality. older people are going to die off, fade out, or lose control

of their party to young people. >> john: all right. when we come back we'll knock down the last liberal argument against same-sex marriage. thinking. >>ok, so there's wiggle room in the ten commandments, that's what you're saying. (vo) she's joy behar. >>current will let me say anything. the battle against germs on hands usually ends with dry skin. but now with lysol you don't have to compromise. that's what we call healthing. introducing lysol touch of foam hand soap. its rich, thick foam offers 10x more protection against germs on hands while added moisturizers leave your skin feeling so soft, everyone can feel it. new lysol touch of foam.

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>> john: welcome back. finally it's time for tonight's f bomb. as the gay marriage debate rages in our country it's getting tougher for the right-wing holm foe bows who to keep on being homophobes because they are so dedicated to the none homophobe, jesus. so what is a fundamentalist to

do? nobody follows leviticus, and in the new testament, jesus refuses to be as bigoted as so many of his unauthorized hispanic loves. i have been desieged by fundamentalists who tells me the new testament demands homophobia. so allow me to very briefly use the bible to smack these bible thumpers because romans kor rin threeians -- those are all letters from the one and only st. paul. paul is a fascinating figure. jesus is a radical liberal, and paul is this conservative pr guy. most of the sexual hangups in the new testament come from paul. romans says for this god gave them up unto [ inaudible ]

sections for women did change the natural youth, and also the men leaving the natural use of the women. slam dunk for homophobes, right? but when you read what comes before, paul is talk about punishing romance for worshipping roman gods. god is make them do it to punish them. in the fetish community this is called forced bi or sorry read. these are straight guys hooking up with other straight guys, also very common on craigslist or so i am told. in timothy those who abuse themselves with men, the purnler part means you also have to be against oliver north marriage. and the world is called malacoy,

and it referred to male prostituted who rented themselves out for temple prostitution. and it refers to heterosexual married men fooling around with guys on the down low, like a gop senator in the minneapolis men's room. and corin threeians, there was weird that was originally thought to mean male con bu biens, and later came to mean sodomy, and later meant abusers of themselves with man kind. it's like a big game of homophobic telephone tag. and it is better for men to marry than burn with lust. if think that paul himself may have been a closeted gay man which would explain his hang

ups, but this is all the christian homophobes have left to hang their hat on but if you believe paul was right about everything, check out his letter to the hebrews where he said obey them that have the rule over you for they submit themselves for wash of their souls. that means if you oppose gay marriage, your are morally obliged to obey barack obama, that means you support obamacare, and again it's your rule, you have to obey barack obama on gay marriage. ain't that a paradox haters? the one guy you thought would back you up on bigotry, and he tells you to obey a non-big got. i want to thank, dean