show has a sunnier disposition. that does it for the cycle. will the tide of marriage equality sweep over alabama? it's thursday, february 12th, and this is "now." >> the change in people's attitudes has been enormous. same-sex couples in alabama are caught in a standoff. >> gay marriage became legal on monday. just 23 of the state's 67 counties are complying. they have a federal court telling them this is unconstitutional. >> many are not licensed to assemble straight couples or gay couples. >> all eyes on mobile. >> they say the judge ordered this local official in alabama to start issuing marriage licenses to same-sex couples. >> americans are ready for change. >> it does seem likely she'll grant the order. it seems likely other judges will follow courts. >> we've learned our lessons.

>> in the fight for marriage equality, all eyes are on alabama. statewide confusion could end today with a hearing to decide whether alabama judge can be compelled to issue marriage licenses to same-sex couples. couples denied marriage licenses earlier this week in mobile are making arguments this afternoon in the hopes of clearing up mixed messages. this is the same judge that issued a ruling on january 23rd declaring alabama's ban on same-sex marriage unconstitutional. a ruling that went into effect on monday. the chief justice of the alabama supreme court, a man named roy moore, jumped in on sunday night to defy the order. telling judges to keep upholding the state's ban. among the big question the judge rules in favor of same-sex couples, will she impose a fine or another penalty on judges who don't comply? judges in 23 of alabama's 67

counties are issuing licenses to all couples. the rest are providing licenses to straight couples or denying them until the mess is sorted out. it is far from clear that the fight will end here. judge moore said only the u.s. supreme court can decide. but in his view the high court doesn't have the power to redefine marriage. to listen to ruth bader ginsburg in a new interview, the high court and the country may soon embrace same-sex marriage. >> it's our next door neighbor. we're very fondover them. or it's our child's best friend. or even our child. i think that as more and more people came out and said this is who i am the rest of us recognize that they are one of us.

>> and president of human rights campaign chad griffin. let me start with you first. in the terms of the level of importance in terms of what's going on in alabama, how much stock do you take in whatever judge granade decides. >> i think there's to question. there's no question where judge granade is headed on this. and this is intentional confusion. it's infutzed by the chief judge there on the state court who is nothing more than a bigoted backyards demagogue. he's trying to infuse his personal beliefs to create this confusion in this state, and it's unconcienable for him to do this. the federal judge was

recommended and she was appointed by president george w. bush. this is no longer a partisan matter. >> go ahead. >> i was going to say it's something that fair minded americans have come together and they agree on and we're increasingly moving onto other issues. this particular chief judge is a bit lost in time. >> yeah. matthew, to ruth bader ginsburg's comments. i think if we're talking about, as chad points out, the tide of history and moving towards a more equitable future justice ginsburg seems to be there. i thought it was interesting she was as plain spoken as gay americans being accepted as every other american. >> she's there. i think the court is signaling it's probably there as well. what could have happened in alabama is the supreme court could have stated the marriages for february 9th not going into effect until they hear cases in

april and decide in june. it's not that long in the grand scheme of things. the court could have said, wait we're going to take up the matter ourselves. we're talking 37 states with alabama. # that's living in states with marriage equality. to roll back from that the court is unlikely to do that given the signal so far. >> i want to find out more about what specifically is happening. to do that we're going to bring in jenna, who joining us by phone from mobile alabama. do we have any sense of when judge granade may hand down her decision on this? >> hi alex. i apologize for the noise. i'm in a coffee shop near the courthouse. we do not have a time frame for when the judge will issue a clarifying order. the plaintiffs today were very optimistic following the

hearing. one of the men denied the marriage license here. the only surprise he had was that everything went so smoothly. they did not have questions for anyone. and the attorney representing in mobile didn't make an argument. he threw his hands up. my client is basically like a soldier in vietnam who stepped on a land mine. if he moves in either direction he could blow up. so, yeah. >> i was going to say thank you for the update. we will keep track of the story as it develops. we're waiting to find out what happens in alabama. but chad, when we talk about the importance of justice moore in all of this he represents a faction of the country that remains very redistant to the idea of marriage equality and

equal rights for a lot of the lgpbt community. but in some pockets of the south, south central u.s. the approval rating for the support of marriage equality is 41%. and we talk a lot about the supreme court getting ahead of public opinion. specifically in the contest of something like roev. wade. the supreme court will not be ahead of the public opinion on marriage equality. the majority of the country wants it. given the pockets like alabama. could there be a backlash if the justices do decide to make marriage equality the law of the land. >> i don't alex. the backlash has been just the opposite. look at roy moore. he's not only been an embarrassment as he's been going from talk show to talk show to the country. but he's been an embarrassment to his own state. in fact, i bet he's an

embarrassment to the legal body for which he sits. we saw the governor the conservative governor of alabama distance himself from roy's remarks. the pace of progress that you're talking about, it's happened even in the deep soit. my home state of arkansas. or alabama that we're talking about today. and it's because our friends, our colleagues. our neighbors, regardless of where we live or what political party we belong to are coming out. once everyone gets to know us they wish for e = rights. >> let me push back on that a little bit. to the subject of his own party and his own state. only 23 justices are defying roy

moore. he clearly has some currency among judges tasked with upholding the law in his own state. >> the test will be when the judge granade clarifies the ruling that will make clear that the probate judges across the state that i don't think you need a law degree to believe they have to follow federal law. once the issue is resolved i believe you'll see most of them fall into place and start doing what they probably already they should be doing in the first place. i do think there was some understandable fear u about going against the chief judge. the chief judge of the state supreme court. once that clarifying ruling comes out, i believe you'll see most of the judges fall into place and follow the federal law. that's the system we have here in this country. >> we were looking at what sam brownback has done in kansas. repealing protections for lgbt workers in that state.

and maybe, i don't know what are your thoughts on this? is this the inevitable you know, one step forward, two steps back push and pull attention between change and status quo and whoever is in power using whatever levers they have to shape the landscape as they see fit. >> if you see the lgbt protection for state workers as pushback, then you can really see very clearly, he's talking to a very very concentrated very small, shrinking component of a base. it's a disgusting move. it's really a vile move. but you can see exactly who he thinks he might be talking to. you know this is the first time that the protections like this have been rolled back. kathleen sebelius instituted this when she was governor eight years ago. you can imagine all of the state employees who have since felt free to come out to their coworkers, p ut a family photo

on their desk. and nose are the grounds by which they could be fired without any consequences. zbl it is the kansas version of george wallace standing in the doorway. chad really quick, i want to get your thoughts on this. there's a new film called light winds, which warns the homsexual agenda is criticizes christianity. rand paul and mike huckabee are participants in this. what do you think that may signal about the republican presidential field? >> this is an important point you bring up. this is a documentary that features scott lively. the most homophobic activist in the world today. he believes gay people are to blame for the hol kaus and genocide.

i hope rand paul and governor huckabee, once they understand this documentary, they'll distance themselves enough from scott lively and from this documentary, and i call upon both of them to do that. this is not about marriage equality. and so i hope that they will both understand just how extreme these views are and distance themselves from those views. >> we reached out to senator paul's office. they did not get back to us for comment. thank you guys both for your time. >> thank you, alex. after the break, four national retailers are pulling dietary and herbal supplements after their shelves today. plus ousted sony pictures exec offers advice for women in hollywood that may just outrage women everywhere. and later, scott walker is openly saying he's going to punt. what he does not want to talk

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today facing subpoenas from new york attorney general eric schneiderman, some very very large retailers. walmart, tar get and gnc stoppeded selling store brand herbal supplements in new york state. the reason, they're mostly fake. 79% of the supplements don't contain the key ingredient or are contaminated with other materials. take the ginko baloba. it's the world's oldest living species of tree.

it lists glaucoma and alzheimer's as health conditions to which the herb can be connected. while there's no conclusive evidence that it will combat those conditions perhaps that does not really matter. because gnc's ginko biloba pill doesn't have any gingko biloba in it. in some cases they found legumes, which sometimes contain allergy causing peanuts and soybeans. gnc said it provided its own test results showing the products were fully compliant, safe and properly labeled. not every chain was cavalier. walgreens removed the supplements tested from its shelves nationwide. new york attorney general, the man himself, eric schneiderman. it's always good to see you. >> great to see you, alex. >> how is the fda not regulating

this stuff? >> a bill passed exempts her ball supplements for the scrutiny the fda gives to regular drugs. and efforts as they do to any product you buy was defeated. we became aware in my office of studies showing these problems. the canadian institute of health. we wept to stores all over new york. this does not relate just to these four chains. this is an industry that is multibillion dollars. more than 150 americans take her ball supplements. this is just the beginning. we bought products. we did tests by scientists. each sample was tested five different ways for genetic bar coding to see what genetic material was there. and the results were that 21% of

them had material or traces of the dna if it was ginseng or a house plant, apparently. >> it's two separate issues. they didn't contain the stuff you were buying. the second is the significant portion had other contaminates not listed on the label. that moves it to the issue of consumer fraud to a public held issue. there have been instances of liver failure and death connected to supplements that didn't list things. >> yeah i would imagine criminal charges here. ch if people are dying, i guess i wonder from a consumer perspective, do you think it will lead to a ground swell of re-examination of the regulations. >> it already has. we were hearing from other states. we were hearing an outcry from folks on capitol hill who want

to reraise the issue. this is an investigation. it's going to lead to a change in the way the industry does things. it's important to recognize, the burden is not on the consumer to test and prove that this is a product is what it reports to be and free of contaminants. what testing do that they do to make the products are whey they say they are? we're pursuing this aggressively. the response across the country has been tremendous. and a lot of people will say ultimately i got my ginseng from another place. it's reputable. this could be much broader reaching than just these four chains. are they getting supplements from a certain supplier? >> there are multiple suppliers. probably a thousand or more

manufacturers or people do whatever they are doing to produce the pruks. there are good actors in the industry. that's not really our issue. you can't defraud consumers or put public health at risk. you called attention to this. the collapse of the regulatory system at the federal level sort of undermining of regulations by by people in washington who don't want the system to work has shown up again here. this clearly should be regulated by the fda in the absence of federal action. my office has the authority go in and protect the state of new york. >> i just think especially in this day and age with supplements so much a part of the pab lick of how we care for

ourselves. this is relevant to every single person. that's that's one of the things that you look at. >> i've taken it. it's really something that permeates our culture now. and the difference between now and 1994 when this law was passed that prevented the fda from subjecting this to the same scrutiny regular drugs get, it was a very small industry. now it's enormous and something we have to deal with. >> i want to ask you one more question before i threat you go. the fbi director had thoughts on policing and communities and as the agent in new york vocal about how we fix a system. # police officers on control in the nation's cities work in environments where hugely disproportionate percentage of street crime committed by young men of color. officers often can't help but be influenced by the cynicism they feel. a mental shortcut becomes irresistible and maybe rational by some lights.

do you think that holds true for the cops here in new york city? my office works closely tw the new york police department. it's important for us all in larm to constantly be scrutinizing what we do what our protocols are. this is the reason you have procedures to ensure that people are protected. it is in the first art about broken windows, they noted the possibility this could be a vehicle for privilege and we have to develop procedures to scrutinize that. i think in new york and across america, i think these issues are being ratzed in a way that is sometimes confrontational and divisive. i think in the outcome people will say look we're all human. we have to deal with the fact that people make mistakes and as the commissioner himself said, he said, in our department we don't have room for the abuses

and he showed the chief of department films of officers acting improperly. that's the kind of leadership that i hope we're seeing in police departments across america. i think the nypd is headed in the right direction. there are a lot of other police departments that do not have the same level of leadership. >> el with i think it's great that the director of the fbi is speaking out and the national conversation continues. eric schneiderman, always good to see you. thank you for the good work. >> thank you very much. zblf we have breaking news on the hearing in alabama today. pete, what is the latest out of alabama in. >> the federal judge has ordered a state official to issue marriage licenses. the whole dispute is whether they that had the authorities to hand out the marriage licenses to do it. the judge ingrediented a request to order the probate judge to

issue marriage licenses to same-sex couples. the order by its own terms applies only to that mobile county judge. it's not an order directing all the pro bait judges in ann to issue the licenses. but, of course that wasn't really before the judge. it just says it binds him, don davis, but it -- i think the same-sex couples lawyers will argue that this is now a message to court junls they could be similarly sued if they don't issue the same-sex licenses. now whether other pro bait judges follow suit. >> was there any that may be taken against judges who refuse to issue the licenses. >> i think that wasn't before the judge. all they asked for was the injunction and perhaps attorneys fees. and all it says is he's enjoying

from refusing to issue marriage licenses for same-sex couples qualified to have them. but there's no other sanction against him. >> pete williams thanks for the info. >> you bet. >> we'll have more after the break. ss the other stuff. meta health bars help promote heart health. experience the meta effect with our multi-health wellness line. ♪ ♪ ♪ there's confidence. then there's trusting your vehicle maintenance to ford service confidence. our expertise, technology, and high quality parts mean your peace of mind. now you can get the works, a multi-point inspection with a synthetic blend oil change tire rotation, brake inspection and more. $29.95 or less. we're on a mission, a mission for underwareness,

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why are women paid less than male counterparts in hollywood? amy pascal says they're not asking for enough. push your enterprise and you can move the world. ♪ ♪ but to get from the old way to the new you'll need the right it infrastructure. from a partner who knows how to make your enterprise more agile, borderless and secure. hp helps business move on all the possibilities of today. and stay ready for everything that is still to come. meet the world's newest energy superpower. surprised? in fact, america is now the world's

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better on pain than tylenol arthritis. so why am i still thinking about this? how are you? aleve, proven better on pain. this is the equivalent of the sugar in one regular soda. and this is one soda a day over an average adult lifetime. but there's a better choice. drink more brita water. clean, refreshing, brita. in san francisco last night ousted sony exec amy pascal talked. and created more controversy when she defended paying actresses, including jennifer lawrence, less than male co-stars. >> okay, so here's the problem. i run a business. people want to work for less money.

i'll pay them less money. i don't call them up and go can i give you some more? that's not what you do when you run a business. the truth is what women have to do is not work for less money. they have to walk away. people shouldn't be so grateful for jobs. i shouldn't be grateful. they shouldn't be grateful. people should know what they're worth and say no. >> last year the sony hack revealed in american hustle the female leads were paid 7% of the movie's profits while the male costars each received 9%. one benefit of the hack, the release of the information led charlize theron to demand $10 million in their upcoming film "the huntsman." joining me now is jess mcintosh and "washington post's" jonathan

capehart. chris hemsworth is making the same as charlize theron. shouldn't she be getting paid more than chris hemsworth? >> yes, that is outrageous. and didn't she win the oscar for "monster." she's an oscar winner. there's no way she should be paid less than anybody else on any film that she's on unless that person is also an oscar winner and then they'll have to fight it out amongst themselves. but the good thing that charlize did is what amy pascal is telling women and folks in the audience to do. go and fight for yourself. she did, don't be so grateful. learn to say no. but the flip side is learn to go in there and say damn it this is what i'm worth and you will pay me this. >> i felt like -- so i

understood the idea that women should be more aggressive and not take no for an answer and fight for an equal paycheck. at the same time sometimes it's not that easy especially in hollywood where there are markedly fewer roles and especially for women. >> and there's always someone who would take a lower paycheck for that role. that doesn't address the issue. i owe the relative yeez of my career to women like amy pascal who faced way more hostility for asking what they wanted in the workplace. so i understand what she has had to fight for. and i am grateful fa she did. where i differ is i think how this shows exactly what is wrong with the discrimination and pay. we need government to actually step in and help correct this

problem, like making sure that employees can't be retaliated against for sharing their salaries with their peers. they now know they were being shortchanged. >> the reason they know is it because the north koreans hacked into sony's e-mail. i would also is say to the point, this is a studio head who says women should walk from deals that don't pay them enough, but also we need more female protagonists. that's something she said in the conversation with tina brown. we put up a full screen a second ago. women accounted for 28% of on screen speaking roles in the top 100 domestics box office releases. the people in charge of making those movies are people like amy pascal. so it's like if you want more female protagonists make more

movies with female protagonists. >> right. the only thing is on amy pascal. one should have pushed back on her and said wait a minute you were the head of a studio. why didn't you produce more movies with women with female leads? >> i'm going to have to suggest amy pascal being the female exec of a movie studio is not actually the norm in hollywood. >> true. but she was the one sitting there talking about it. yeah, and it is fair to say a lot of men could also put women in protagonist roles if they so choose to. i want to play another sound from amy pascal talking about the hack itself and her females that were released. >> you know you read an e-mail. many of the e-mails i wrote between my friends and myself were, you know we've been

friends for 30 years. there's no way that you can ever explain the way that you talk with someone, where you just sort of go into meta conversations and sarcasm and role playing and any time i even thought i would try to explain that to anybody, it would just -- didn't work. >> all right, jess. what of the media sensation that was created around her released e-mails? was that fair? should the media not have discussed them in the same way they didn't show jennifer lawrence's hacked nude photos. are these off limits or do they say something about american business that is important? >> i would like to have seen how how this scandal would have been held with a male executive. there is a sort of glee with which the media goes after a woman in power who is perceived to have fallen that i find really disturbing.

and i'm sure it was at play here. and a really interesting thing she said in the interview is how women are always shaping how they are perceived by the people they talk to and sometimes that leads to role playing and meta sarcasm, which i i think resonates with a lot of women in the workplace, especially who are a decade or two older that had to fight their way through really, really tough stuff. don't think we've seen the same sort of joy if it was a male studio exec i. >> let's keep in mind scott ruden was the other person in the e-mail hack who said plenty of things but amy pascal took the fall. >> yeah clearly she was someone that folks and elsewhere wanted to knock off the pedestal. in recent days we have seen how people have been waiting a lot of fun knocking seemingly powerful people all their pedestals in harsh and

incendiary ways. male and female. not to take away from what jess just said. but i think in our country and society these days, we do take enormous glee in setting up the powerful knocking them off, and then having so much fun and being very gleeful at stomping on their bodies as they tumble downhills. >> a bloody metaphor. i will say to put a silver lining on the dark cloud we also in this country like a comeback. >> absolutely. >> so amy, go ahead and make those movies. jess, mcintosh hang with me. coming up democrats choose the city of brotherly love for their 2016 convention. will it make a difference in the next election? steve kornacki will be here to answer that very quest just ahead.

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i spoke with the parents of austin tice an american journalist kidnappeded in syria two and a half years ago deborah tice told me communication with the government about the search for her son has been horrible and officials were reluctant to share their information. today the state department spokesperson was asked about deborah tice's comments and did not push back on criticism. >> there's also as i referenced, a review of our policies. and family engagement is part of that. the families have been asked to engage in the effort and expresed their suggestions and concerns. >> austin tice's father also confirmed in the interview that president obama has not directly reached out to the tice family. we'll have more after the break. but first the cnbc market wrap. >> let's look at how the stocks stand going into tomorrow. the dow rising 110 points.

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they the democratic national committee announced philadelphia will be the site of the the national convention, beating out brooklyn, sorry, brooklyn, and columbus, ohio. here to give us conventional wisdom, is the host of "up" steve kornacki. steve, what's the deal? >> i'm telling you it's unconventional wisdom. >> unconventional. you'll never hear it anywhere else. philadelphia, pennsylvania. biggest city in pennsylvania. pennsylvania, the swing state back in 2012. a five-point race there. this is one where republicans say the demographics are moving in our direction. we can win. we can defeat there. they are trying to shore up pennsylvania with the convention here in the same way if you look at the republicans in ohio. obama barely beating romney. karl rove wouldn't give up.

republicans with their convention in cleveland in 2016 may be making a play for ohio. that's always the logic with these things put your convention in a key state. the question is does that work. let's take a tour through modern history and answer the question. '88. the democrats went down to georgia. couldn't carry it. the republicans were in louisiana. couldn't win it. they went to their base. they won in texas and new york. in '96, illinois went to the democrats. the republicans tried to pick up florida. in 2000, the republicans were in philadelphia, pennsylvania the swing state. george w. bush lost. not much of an advantage there. you see a split decision in 2004. same thing in 2008. republicans again in a swing state in 2008. the democrats in denver. and in 2012 of course they both went to swing states and they both lost swing states. if you add these all up and go back to 1976 ten times the

party won the state where it held its convention. in ten times the party lost its state. not sure it tells us anything about the win. i don't like to travel. so i'm with brooklyn too. >> steve kornacki who always manages to get in ha michael dukakis mention. which means it's been a good day. steve, hang with me. we have much more to discuss, cleaning up on governor scott walker's trip to london he made it clear he's happy to talk about cheese. but what he really really does not want to talk about is coming up next.

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idea of the evolution. do you believe in it? do you accept it? >> i'm going to punt on that one as well. >> really? >> that's a question a politic shouldn't be involved in. >> my british politician right or left wing would say of course evolution is true. to me i'm here to talk about trade and not other issues. i love the evolution of trade in wisconsin. >> that was wisconsin governor and likely presidential contender scott walker punting on a question about the cornerstone of biological science while he was on a trade mission in london yesterday. apparently foreign policy was off topic too. >> i have an opinion on that and i'll be certainly happy to answer that back when i'm state side. for having respect for the president, i don't think you talk about foreign policy on foreign soil. what was scott walker willing to talk about? >> wisconsin is one of the

largest cheesemakers in the world. if my state was a country it would rank fourth in the world for cheese production. ch wisconsin received 40% of awards at the 2014 world champion cheese contest. we believe we make it better than anyone else in the world. we do not begrudge anybody else trying to make a better cheese. in other words we say let the best cheese win. >> wisconsin will never get p parmesan. what is the point of going overseas if you're not going to talk about foreign policy? >> what scott walker was afraid of there is he watcheded mitt romney go to london and get terrible headlines and step on everything. you watched chris christie a week ago do the same thing. >> or bobby jindal. he said not going to happen to me. i'm not going to make news. you're seeing an aggressive attempt not to make news.

not to answer anything. >> and then it made news. does saying i'm going to punt on that one actually help your cause? >> no there is another oopgs between doing something wrong to create a headline and not doing anything. you could answer the question substantive substantively. i think the people would appreciate answers from scott walker. you should be able to to answer without undermining the american president while you're on foreign soil. not to mention that scott walker thinks there's a question a politician shouldn't get involved in. this is the guy who is so sure of the science of women's reproductive systems that he is willing, he has overridden doctors in wisconsin when it comes to reproductive care.

but the theory of evolution. that's none of my business. he has firmly held christian beliefs. his high school friends talk about him talking about god. >> i have no idea. politically speaking though the more damaging thing is looking like you're scared of the question. versus if he were to say something that's a gray area on evolution, that would put him in line with most of the country. a poll showeded 19% of the people in the country believe in evolution without god playing some kind of role. over 40% believe god create nod role for evolution. another 40% believe there's evolution. there's god. there's a mix there. there's a lot of room for him. >> the line i'm not a scientist

man no one ever says, i'm not a gynecologist man. >> no, they don't. >> that's one field. >> i would have no problem with it. what scott walker really did is he was supposed to be the unapologetic conservative. comfortable with his religion. he's gown to tow that line in the primary. >> i wonder, steve, before we go. as scott walker goes under the microphone. as he's considered seriously. how much is the fact that he never graduated from college matter? >> i can say it. i'm not a gynecologist. you heard it from somebody. >> and thank you, steve, kornacki for that. >> i think it's very uncommon. in politics today. there's only two or three members of the house of

representatives who don't have college degrees. in politics it's something we come to expect. this is a country that there's a populous sentiment that we don't have to elect the most academically qualified person. we're looking for a common touch. i don't think that has any implications. if there's any questions around why he left i don't think the lack of a degree itself is a concern of many people in the country. >> as part of his run for i think class president, he talked about bringing in cool bands like nxs and r.e.n. just a question for you to ponder. we're closing out the segment. steve and jess always good to see you guys. you can catch "up" can steve kornacki weekends at 8:00 a.m. on msnbc. do not miss it. that is all for now. the ed show is coming up next. good evening, americans. welcome to "the ed show."

live from new york. let's get to work. tonight, putin police. >> the deal seemed unlikely. >> there's an an agreement to implement the cease-fire. >> what matters most of all is actions on the ground. >> but the world is skeptical. and later what's in your food? >> it all has been genetically modified. >> the national appetite grows for gmo labeling. >> we don't have that federal standard. >> they got nothing on gmos. >> why? >> gmo. >> plus the dark horse everyone is talking about for 2016. >> scott walker. >> scott walker wowed them in iowa. >> for him to become president would be the first president in many generations who did not have a college degree. >> i'm going to