>> schieffer: i'm bob schieffer this is face the make. the news from iraq overnight worse than ever and back home the republican party is in shock after one of its top leaders is defeated in his primary. we're going to start with iraq where suicide bombing attack has killed at least nine and injured 20 in central baghdad. possibly the first in a wave of attacks that have been announced by isis the al qaeda splinter gripe that is leading the movement against the iraqi government. in other regions in iraq, shiites marched in the streets to show they were ready to defend their homeland against the invaders. and what is left of the iraqi government forces now seem to be preparing to stand and fight setting up for showdown in baghdad. the president has ruled out

sending ground troops to iraq but united states has moved aircraft carrier the iss george bush in to the region and president says he is weighing options but only if iraq institutes immediate reforms. we have two reports now from iraq and we're starting with clarissa ward in baghdad. >> good morning, bob. the situation continues to get worse and worse this morning a suicide bomber attacked location where iraqi soldiers go to buy their uniforms. we're hear can reports that at least 12 people were killed in that attack. meanwhile iraqi security forces do appear to be preparing some time of counter offensive. the iraqi army are assembling north of baghdad which is hem to one of the holiest shiite shrines while the u.s. is reluctant to get involved militarily here iran has no such problems they are throwing their support solidly behind the

shiite government, cbs news can confirm that the head of the owe rarian paramilitary force is here in baghdad along with contingent of iranian fighters. >> schieffer: do you get any indication that prime minister malaki heard what the president said on friday about instituting reforms immediately? do you get any sense that he is taking the president's words seriously? >> well, actually quite to the contrary. what we're seeing here in terms of strategy is remobilizing shiite militia, flying in paramilitary forces, actions that only fan the flames of the sectarian division already exist here. what was so striking about when isis went in to the towns and cities, many moderates who don't espouse radical ideology welcomed them that's because over past few years the rest of

the world is forgotten about iraq, malaki's government has been systematically disenfranchising the population and leaders it's not clear whether he has either political accumen or frankly motivation to try to bridge that gap. >> do you get any sense that iraq can actually be put back together? >> that is what so desperately scary when you talk to iraqis and politicians all have the same fears whether there is sunni or shiite they fear that this country is breaking apart. in a way that is irretrievable of course that is particularly frightening because it's accomplished that really threatens to consume the entire region. we could literally see all of the borders of this region be redrawn around sectarian lines. bob collar russ a ward. thanks so much, be careful now. now we want to go to iraq and cbs holly williams.

you have been in northern iraq all week. what is the latest there? >> good morning, bob. islamic militants have swept three northern iraq and speed which they have towns and cities here especially earlier seem tough taken everyone by surprise. iraq's military which cost the u.s. billions of dollars to train and quip have not put up much of a fight. many soldiers laid down their weapons and deserted. we saw some of them lining up at airline office to buy tickets back to baghdad. they have also been helped by sympathetic locals. many people like the militants are sunni muslims. they are angry of the government which is dominated by shiite muslims. just 25 miles from her, second biggest city which was seized tuesday we've seen internet videos of militant parading through the streets to welcome

from local people. now hundreds of thousands have fled. most of them have come through this check point where i am now in iraqi kurdistan which is relatively peaceful since theist invasion in 2003. moss of the refugees have told us they're not running away from the extremists, in fact they like them and say they're doing a good job. instead they say that they are fleeing because they fear that iraq's government will bomb their towns and cities to force out militants. >> schieffer: holly, you be careful now, thank you so much. we're joined in washington now by senator lindsey graham, republican of south carolina. he's been to iraq many times. he's been a critic of administration policy. what happened here? this seems leek just came out of no where. was the administration asleep at the wheel. there was an intelligence failure? was this the fault of malaki in iraq? how did this happen. >> kind of all of the above.

you go back to 2010 and 2011 the perfect storm. we withdraw our forces in 2011 so the security environment falls apart. malaki without hand holding being pushed, obama administration had hands-off approach to the political problems in baghdad and syria. we had al qaeda and iraq the predecessor to isis, when syria bad they got reinforcements. all this came together, malaki is a flawed leader, he has to go. there's no way that malaki can bring this country back together. >> schieffer: you think he has to resign? >> i've been there so many times i can't count. and after we basically detached ourselves from iraq, petraeus and crocker would go in to his office, i was there with them a lot, pushing all three parties. what is heartbreaking that we had this place in a good spot. they were playing politics rather than killing each other. decision to withdraw u.s. forces

created a vacuum, syria is launching pad, all come together, we need air power immediately to stop the advance toward baghdad. if the central government in iraq collapses, that's the goal of isis iran will own southern part of iraq, they can operate isais baghdad all the way in to syria. eventually march even jordan, lebanon, our best ally, they will attack us from that part of iraq and syria according to our own director of national intelligence, next 9/11 is coming from herement. >> schieffer: that's a very serious -- >> that's what they say i agree. >> schieffer: we could have another -- >> inevitable. the seeds of known are being planned all over iraq and sear california you don't have to believe me. this is what they're telling you. they're not hiding.

they are going to take the king of jordan down because he's infidel in their eyes as much as and drive us out of the mid east by attacking us here at home. >> schieffer: says malaki has to put in reforms bring sunnis in to the government should our aid or whatever she do should depend on what he does. >> if you use air power i can kill civilians. if baghdad gets infected the government collapses that's worst case scenario. any assistance we provide needs to be coordinated with the political solution. you got acute military problem, got chronic political problem. there is no way in my view that malaki can pull this off. but there are people, your reporter mentioned something about the iraqi people. the average shiite doesn't want to be dominated. they don't want to live under isis rules. good news is average iraqi wants to move forward they have no infrastructure.

iraqi air force grounded without american air power going to be hard to turn the tide. >> you heard the reports from there, iranians want to help, should we encourage them to help of all things ". >> we're probably need their help to hold baghdad. their goal create sectarian iraq. to have a puppet in baghdad that is shia dominated government they control outcome they want the southern part of iraq. our goal to have inclusive iraq. in the short term, deal with stall in because he was net a as bad as hitler we have some of dialogue with iranians, coordinate our efforts to put a line to the ear rayians don't use this crisis to take territory from the iraqi people. put them on notice that we will not accept their intervene in to iraq for purpose of creating a

satellite state. >> you're saying you could see a situation where we have iranian forces fighting on the ground and u.s. air power serving as their air -- >> makes me sick to say it turkey needs to get involved to convince sunni arabs to get back in the game and keep the kurds breaking away then another front. iranians have an interest. their shia populations to correct. we need to all make sure baghdad doesn't fall so, yes, we need a dialogue of some kind with the iranians also need to put them on notice don't writes this crisis as way to create satellite state of iraq controlled by iran. >> schieffer: i can't let you leave without asking about republican politics, while the big story was eric cantor, the majority leader in the house getting beat last week in primary, you had stronger tea party force, you had an army, running against you -- and you

won. you won by stressing that the republican party has to have some kind of path to citizenship for hispanics which is one of the big issues. what as a winner, what is your advice to your party this morning, senator? >> i don't think eric got beat because of his stand on immigration i think he got beat because of his lack of defining himself on immigration. i told the party that we're doing well because democrats are doing poorly. ultra liberal agenda, we're going to win in 2014 conservative values will connect with hispanics and african americans, don't be delusional where we stand. if we become the party of -- if that again is our position we're going to drive deeper wedge between us. pathway to citizenship after secure the border, control who gets the job, more legal immigration what they have to criminal background check, learn

the english language, if 65% accepted in the state of south carolina republicans nationally will accept earned pathway to citizenship if you secure border far our party to let the 5% tell us how to engage with immigration. we will lose a natural ally in hispanic community, we're down to 27. never convince not because of the immigration if you solve immigration problem in a good american responsible way our party is back in the game we can dominate the 21th century. only answer for the republican party we will have destroyed our chances in 2016 and dealt death blow to our party by 2015 majority of this country will be african american, hispanic and asian. conservatism is the best hope for african american children.

conservatism ale lines with hispanics, they're hard working, entrepreneurial, pro life, it will break my heart for my party to go down road that we did not go embrace, rational immigration reform that prevents a third wave of illegal immigration we're back in the ball game. if we don't adjust on this issue our chances for survival as party are very bleak and country needs a vibrant party. our democratic friends have put us back in the game. >> schieffer: lindsey graham. we'll be talking more about politics and republican party in part two of our broadcast. go back now to this news from overnight in iraq. perhaps nobody at cbs news spent mr. time in iraq over the years since first gulf war than cbs news correspondent than laura logan.

this thing seems to be working all too well. it seems to be as these invaders came down on this march toward baghdad, everything seems to be clicking on all cylinders. well coordinated, who is running this thing? >> it's a very good question. because the leader of isis is the poet and floss fear and spiritual man, he's the one driving the vision of the state and governance that they want to institute. on the other side of that the military masterminds. there are number of them but among them there's the -- who we hear very little from who seems to be very powerful. then one of the others is man known as abu al iraqi who was hold, when he was released went over to the syria. but in syria has become a powerful force for isis. he's known as the prince over there. he believed to be recruiting

people from syrian intelligence, has to be that on iraqi side of the border created structure that truly understands military movement on the battlefield. and not only how to take territory but hold it and defend it. >> schieffer: he's a former member of staple's army. >> and many, they are commanders, generals intelligence. that is why the u.s. military both civilian and military sources regard as troubling. once you put people in the fight who know, for example, the weapons that they have been seizing. you see here and there randomly that gives you something of an edge. what happens now, how to -- both in syria and iraq use knows efforts to change outcome of the war. >> schieffer: we'll talk about that because i think what they got over a hundred tanks now. >> the official list, u.s. leads

behind -- left behind striker assault vehicles what they left behind as well which is particularly significant is missiles. that is the best that we have to bring down aircraft in the sky. all of these other assets, heavy weapons, increase capability of what your ground forces can do. the u.s. maintained dominance because of it's dominance of the skies. if you now remove your dominance make it difficult to fight taken away significant advantage that the u.s. has you've significantly changed the dynamics of what we face. if you have got hundreds of anti-aircraft missiles and helicopter. really have some from before, those are the kind of weapons that must be hopping iraqis still held on to.

how much these guys have taken, there are reports this morning that military base was taken, that wouldn't be good at all. you have to think that the most significant weapons we have to hope are in baghdad and still in iraqi government hands. >> schieffer: thank you so much. always good to have you. we'll be back in one minute. i make a lot of purchases for my business. and i get a lot in return with ink plus from chase. like 50,000 bonus points when i spent $5,000 in the first 3 months after i opened my account. and i earn 5 times the rewards on internet, phone services and at office supply stores. with ink plus i can choose how to redeem my points. travel, gift cards, even cash back. and my rewards points won't expire. so you can make owning a business even more rewarding. ink from chase. so you can. are the largest targets in the world, for every hacker, crook and nuisance in the world.

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together sectarian state we're seeing the results of that at this point. also by the way, senator graham was saying result of the break down of the border between syria and iraq. and-faux of a large number of foreign fighters in to the situation. >> schieffer: you know, i must say that a lot of people including senator graham who until couple of years ago if we leave there without leaving residual force this is exactly what is going to happen. >> i think what happened is this, think back, at the end of december 2011, united states forces that has been after eight and a half years of working in iraq. we tried to get agreement by iraqi government to provide protection to our soldiers needed. they wouldn't provide it. indeed if you think about the situation at that point, they politically couldn't provide it.

>> schieffer: some people will understand the status, something that says, for example, if an american soldier is arrested or becomes captive of the israeli government they can take i am in to court, try him, we have no jurisdiction, we have never let troops in country without that kind of agreement at least not modern times. >> that's exactly right. >> schieffer: some people are saying should we have tried harder the get that force, because some are saying as you well know, looking for excuse to get out. >> we offered that agreement. you're right. our president, our military leadership are not going to allow our armed forces operate like that anywhere in the world without having appropriate protection. indeed politics in iraq wouldn't allow it to be forthcoming, my own personal judgment. also, by the way, been two and a half years since december 312, 2011, with iraqi government was

given the space and time to put together the kind of inclusive government to deal with these issues, failed to do so. you have eight and half years up to that point two, and half years since then, we've had been engaged trying to support iraqis and this terrorism against this isis group. they resisted getting involved deeply in their security issues up until a year ago. >> schieffer: should the president order airstrikes now? he's obviously contemplating that. >> a number of things. i'll get to the airstrikes. we should short support the iraqi government. should provide more intelligence. we should provide do it in accelerated basis. we should provide advice with respect to making sure that the iraqis can get an iraqi ground force together. with respect to direct american action such as airstrikes, i think couple of things. first of all not a panacea, number two, it has to be done in

coordination with things on the ground. has to be military purpose, number three need to be targets, this is i think what the white house is going through right now is asking those questions, i've been through number of these things, bob, as you know. need to have targets, a military plan, need to be coordinated with direct efforts most importantly any direct military action by united states needs to be done when we see that the iraqi government has actually pulled itself together politically. when you have a situation where you have mosul where 8 0 fighters and troops that's bigger problem than supply issues, logistical issues. it's morale issue, a management your military issue that is political issue. reason that the sunnis and western part of iraq have allowed this happen. i think over time this is not how the iraqi people want to live but this rellly is -- really is testament to the fact haven't had political inclusiveness that you need. any direct military action that

i would recommend to the president needs to be confin dent -- contingent have inclusive government, bring in some of the confident military leaders that have been pushed out for political reasons and working for ground force. >> schieffer: we have 20 seconds here, is malaki just better if he resigned? >> not clear that he can pull this off at this point. we'll have to see. there is government formation underway see what iraqi people. last thing we have real problem here brewing in terms much foreign fighters coming back to europe and united states. >> schieffer: we have to end it there. back in a moment with personal thoughts. dad: he's our broker. he helps look after all our money. kid: do you pay him? dad: of course. kid: how much? dad: i don't know exactly. kid: what if you're not happy? does he have to pay you back? dad: nope. kid: why not? dad: it doesn't work that way.

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>> schieffer: political world was stunned last week when little known college professor david brat beat house majority leader eric cantor, but brat new exactly why it happened? >> this is a miracle from god.

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>> schieffer: welcome back. we'll turn from iraq to poll politics back home. chairman of the republican national committee. reince priebus. eric cantor got beat. how divided is the republican party? >> i don't think it's divided at all. you have districts that are 85% republican and more than one republican wants to be congressman and some cases more than one person wants to be a senator. i think in the regard to the cantor issue, i think tom price had it right. this past week when he said, look, when you're trying to be majority leader and eric did a great job of it. but it takes you all over this country. out of your district. pretty soon that good work you're doing nationally becomes liability locally.

i think it's a local issue. we all know tip o'neill had to say about local politics. >> schieffer: if the republican party is not divided you're all for immigration reform or all against it? >> you can't agree on anything. >> schieffer: i'm asking about your party? >> i don't think. if you look at google rand paul and immigration, you'll find is that even rand paul and ted cruz have been out there publicly calling for serious immigration reform. in fact rand paul on march 19th went to hispanic chamber said we need comprehensive immigration reform. there is consensus that immigration system is broken, how to fix it is another issue. harry reid says my way or the hey, it's not going to happen. >> people like lindsey graham there ought to be path to citizenship where the immigrants who are in this country right now.

would most republicans agree with that? >> i'm not sure about that. as chairman of this party i think that what we have to do is more fundamental than just argue policy. we've been -- we've been talking about this before. you get policy right all day long if you don't have conduit in the community, long term basis, if you don't have republicans, hispanic and asian communities talking about republican party or nominee, for four years in the just four months, you're not going to improve national elections. we're heading in to mid term, we can keep discussing the republican party, we're going to add seats to the house, majority is going to go grow most people out there believe that we've got better than 50-50 chance of winning the u.s. senate. we're doing about everything you need to do to keep winning. the fact is, we didn't beat incumbent president in 2012. we're winning everywhere else. the future is very solid and i

think this year is going to be great year far our party. >> schieffer: it's so much of it reminds me of 1964, maybe i'm the oldest person around, i probably am maybe only one old enough to remember that. but i remember a republican party where you had republican moderates mostly in the east headed by nelson rockefeller then you had western conservatives headed by barry goldwater. those two factions never came together and goldwater lost the election in historic landslide. how do you prevent that from happening? >> you do what we're doing at the national level. you become a four-year period. get in communities nonstop much. but the fact is, where are we not winning, bob? what state governor's race are we not winning? what house race are we not winning? incumbent president with a country that is in 50-50 right track, wrong track. that is not shocking that

incumbent president didn't win. the fact is we're now running with a lot of great people that have vision for this country like jeb bush, chris christie, rand paul and others, my own state of wisconsin. that are there are dynamic it look like hillary clinton is getting ready. went from 70% approval rating down to 58 in -- 52 in 18 months. >> schieffer: she just opened her book tour, she has her book out, some said she kind of stumbled a bit when she started talking about being dead broke when she and her husband left the white house. what is your -- give me your review of her book tour so far? >> if you just take a step back for a minute, the hillary clinton folks wand it to be a campaign roll out. and when communications people do a roll out try to take really great interview to do, they pick diane sawyer. she picked her apart. she said she was dead broke,

didn't have any answer on benghazi, a day earlier said her top accomplishment they decimated al qaeda if they didn't know what the next day's newspapers were going to say. i just don't think she's mr. good at it. they planned this book, it's a book of mush i think it was called. she went out of the gate with one gaff after the next. this is my point much we're going to do great in this mid term, people expect us to do well then move in to the physical shall election. democrats that have nobody behind hillary clinton. she is not going to be the nominee. >> schieffer: will you be united in the -- >> we will be united in the presidential election. if you just take one race of eric cantor a republican district that remains republican you want to talk about mississippi another republican state that is going to be republican. you're taking two races out of the entire country extrapolating that in to some big division.

>> schieffer: what will be your appeal to hispanics. what did mitt romney get -- >> 27%. you can't talk about some of the things that were done in that race, number one. didn't help his chances with hispanics. bigger problem, bob, is that if you're not in the community but for three months before election not going to win over those voters. what we have said at the republican national committee we need four year program, black communities, asian communities, that's what we've done. i think we have better chance. economy and jobs is number one. right now president hasn't delivered. hillary clinton has been a part of it. >> schieffer: reince priebus, always good to have you. right back with our political panel.

>> schieffer: back with our panel, gwen ifill is the conge

or of pbs "newshour." robert kosta covers congress for "washington post." spends a lot of time chasing down news on capitol hill along with our congressional correspondent nancy cordes. robert, you're getting all the congratulationss this week because you are the one reporter that went down to richmond reported that there was real trouble brewing down there for eric cantor. and i went back read your story it reads better today than it did even back then. you nailed this. you heard reince priebus he says that republicans are united he's kind of say this was just local politics down there. there was not really a lessen for republicans if i understood it what is your take? >> what i heard from the chairman is party that still reeling from the defeat of eric cantor and they're trying to project confidence the head of the mid term elections. the laws of eric cantor mean

much more defeat someone in their own richmond district. eric cantor was the standard bearer. with him out the party is unstable, they're trying to find path ahead on immigration right now i'm not sure they know where to go. they're still grappling with the strategy and a message. >> general, do you think was good news for bad news for democrats? some loud cheers for democratic side of the aisle. first i think people thought maybe this is not spoke good. >> i talked to somebody at the white house yesterday who said it went from shock, they were speechless to -- our enemy goes down then to, wait a second, what did we lose here? we lost a guy on either side of the immigration tried to have it both ways. they still want to get something done on immigration this year, after getting over immediate, ah, our enemy has fallen began to realize this isn't good news for democrats not great news for incumbents if you are in washington, america is voting

against washington you're party matters. there is some uncertainty about what this means. >> schieffer: what does this mean to republicans on the hill? >> a little bit nervous right now initially segment among tea party members, david has sleighed goliath. i think they realized wait a minute, goliath sided with us almost all the time. but a lot. there is some uncertainty what the new leadership team will look like whether it will be favorable to them as past leadership. >> schieffer: does this help speaker boehner. do you see republicans becoming more conservative in their outlook on capitol hill or less so? >> the ironic thing is that given all the bellyaching that conservatives had expected over past several years about fact there wasn't a true red state conservative in leadership, when this vacuum appeared, your standard bearers didn't jump in say i want to be the next majority leader.

most decided to stay away. the challenge of being republican leader right now is that the conservatives demand purity from you but you still have to work with the other side from time to time. it's hard to hang on to that mental of a pure conservative once your a member ever leadership. >> any chance of any kind of immigration bill coming out of the house this year? >> i stayed -- wednesday meeting at the capital ever single member i asked said no chance for immigration this year. i i this is a lost opportunity for tea party as well they had power to take down eric cantor but powerless to replace him. kevin mccarvey looking to extend to become next majority leader. they seem disorganized, try to walk in to that vacuum take power. >> schieffer: you know, gwen, listening to reince priebus and listening to lindsey graham earlier, says they are united in

everything but if you listen to what lindsey graham said you listen to what reince priebus said, great divide here. >> there is divide among tea party conservatives. as we know there's notice really leader of the tea party, sort of leadership role in congress they're all over the place. if you are a good candidate, like lindsey graham was in south carolina who saw his challenge coming if you are a good candidate like mitch mccontinental who saw his challenge coming you position yourself don't get taken down by random candidate. if you are in mississippi or if you are eric cantor in virginia you don't see it coming, you are not positioned to take it out. it's not -- tea party is strengthened but don't deal with it. the middle of the road establishment is shaken they don't quite know how to get it. we saw stocks tumble for boeing

because of the cantor loss. there is a -- anybody who says there is not a lot of soul searching going on is not listening. >> schieffer: i think we have several republican parties right now. i think we have a house republican party and these are people most of whom do not have very many hispanics in their district, voting against immigration reform is an easy vote for a house republican right now. but then you have people like lindsey graham. people are looking at it from the national level who say, look, demographics are changing, there is no way we're ever going to elect a president if you can only get 27% of this fast growing demographic. >> how many press releases i've gotten from people running for congress this week who are claiming to be the next dave brat, everyone is trying to claim the mantle of dave brat. immigration was his big issue,

bigger challenge far eric cantor was not the fact that he was for immigration reform or gin it but that people didn't really know where he stood. first he came out very forcefully against immigration, then he said he was for it for the kids. then he backed 'weigh from that when it looked like that was unpopular. the challenge for him in his district not just that issue but number of issues they weren't -- >> you probably know more about this than the rest of us. but this is going to bring new meaning to faculty politics. it turns out that democrat in this race is also a professor at randolph college this little school of 1500 people. >> better in the final four. >> does he have any chance or such heavy republican district? >> i spoke to the predecessor mainly republican district it will stay that way. the point about immigration is important one. who now has political capital inside the house to move

immigration forward. i talk to members friday night only two people, john boehner and paul ryan. among -- all this unrest will they move forward, doubtful. >> good news for deppry -- rep rep republicans. he says it all the time, very consistent that republicans may disagree with each other about things within the party but they agree they're unhappy about barack obama and believe that democrats are taking the country on a very bad path, you look at this new pew poll shows polarization. such anger and division that the republicans know they can focus on what they agree on what is what john boehner did. >> schieffer: let me ask you quickly about iraq. if the president does decide to go to congress to ask if he decides he wants airstrikes will they approve that? >> there is no consensus in iraq right now about what the u.s. should do. i ask speaker boehner does he think that the u.s. should launch airstrikes.

he doesn't have enough information to make that decision all he knows that president is taking a nap. if the president does ask for congress' approval he's going to have to do better job than year ago. he was defeated that time. he's going to have to make very strong case of what he wants to do and what it will accomplish. >> schieffer: thank all of you. we'll stay tuned, what a week we've had. we'll be back in a moment.

>> schieffer: welcome two of the well-known and regioned lawyers in america, david boies and former u.s. solicitor general ted olson. they have gone against each other, most famously in 2000 when they argued gore v. bush which decided the presidential election for george w. bush. but they join forces some ten years later when they convinced the supreme court to overturn proposition eight which cleared the way for same sex marriage in california. though have a new book out

"redeeming the dream" the case for marriage equality and we welcome them now to the broadcast. >> thank you. >> schieffer: ted, you're a famous conservative, david you're a liberal but ted, tell us how this partnership came about because surprisingly you were the first one to sign on on this case, how did that happen and how did you -- >> when people approached me whether i would take this case the challenge constitutionality of that law i was happy to do it. i felt it was something that needed to be done, i felt it was wrong, i felt we needed to vindicate the rights of gay and lesbian citizens. i notice lieu that i was conservative and had reputation as conservative i wasn't so sure that people would trust me. we also wanted to make this case be understood by the american people as not about conservatives or liberals. but about american values and i wanted a partner in that endeavor i reached tout to david

who i have great respect for, he's a fantastic lawyer, i asked him whether he could be partner with me in this case. he agreed. >> schieffer: well, were you surprised when he called you, david? >> not really. we've been looking for something to do together for a long time. this was obviously a very important case. i don't think it took me more than second or two to say yes. this was -- for those of us of this generation who have grown up in the civil rights for able equality that was deseening civil rights battle we were young. i think this is the defining civil rights issue of the current decade. this is the last area where the government actually discriminates against its own citizens. we have a lot of way to improve in terms of social discrimination. >> schieffer: some of your close friends were really troubled by your decision to do this, what did you say to them? >> said to them, listen to us,

we're taking about our fellow american citizens, our brothers and our sisters and neighbors and our co-workers our doctors and lawyers. gay and lesbian citizens are all around us. they are just like us. they have the same aspirations, they have the same dreams, they have the same fallacies as the rest of us. what is the matter with this country if we can't treat them equally? marriage is a coming together of two individuals who love one another, who want to form a part of the community and have a stable family and a stable relationship. what is more conservative than that? >> schieffer: david, one of the most surprising things to me in this book was that you say that some gays were really worried about going this route. they thought the risk was too high. what did you say? >> we got in to it, what we found was that people who had spent decades fighting for equal

rights, fighting for the right to have equality in marriage really didn't think this was the right time to bring this lawsuit. >> schieffer: what was it that they were worried about? >> people were concerned that if we went in to federal court at a time that we couldn't win, if we lost this case, not only would we lose this case but get an opinion from the court that would be hostile to gay and lesbian rights. we didn't think that was going to happen. we also thought that we didn't have a choice in a sense, this case was going to be brought, somebody was going to bring it. and we thought that with the experience that we had, with the resources could devote to this we could really prepare this case well. it was important when case got to the supreme court it got to the supreme court perfectly prepared. we thought we could as good a

job as anybody, better job perhaps than some people didn't have the resources. >> schieffer: are you surprised at how quickly americans seem to be changing their minds about things? >> extraordinary. there's a huge tide running in favor the not just same sex marriage but equality and respect for the dignity of gay and lesbian individuals we're talking about what it is to be a gay and lesbian individual in our society. what is the impact of discrimination. the more we talk about it the more people understand that. the more people are changing the way they regard civil rights with respect to sexual orientation. >> i think that's exactly right. what you had was a topics that people didn't talk about. one of the things that this case did was made people talk about it gave us an opportunity to get

people to focus on it. i don't think there's two sides to this case. we prove that marriage was fundamental right, everybody agrees with that. only question, should you extend that right, loving couples of the same sex. what we proved is surprising gay and lesbian couples are right to marriage. seriously harms them and harms the children they're raising. we also proved that pride of gay and lesbian citizens doesn't help heterosexual couples. their marriages are going to succeed or fail on their own merits. wasn't any legitimate reason. they realize that. >> schieffer: it's a pleasure to have you. congratulations to you on the book. i found it fascinating. thank you so much. >> thank you very much. >> schieffer: we'll be back in a minute.

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>> schieffer: that's it for us. one sad note to report legendary radio personality casey kasem died this morning after a long illness. wish all those dads and grand dads and pappas and pops all those other names that you call you guys out there a very happy father's day. you know who you are. happy day. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org

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