but i think ted olson and david boies being involved helped ignite and dissolve some of that dividing line between who was in favor, who was against. >> president obama has evolved famously on this issue, now taking a very aggressive role. what difference do you think it's made to have the first african-american president coming out so strongly not just with gay rights but linking it to the civil rights struggle? >> i think it's been a huge momentum changer. i think it had a lot to do with why in november 2012 we won four states when marriage was on the ballot. we've never won a popular election before. i think what obama coming out in favor of marriage for same-sex couples did, as long as people see the government discriminating they don't have to examine their own private prejudices. all they have to say is, look, the government doesn't think they should marry, that's good enough for me. obama coming out and making his statement so publicly made people think, hm. well, now, how do i really feel about this issue? and examining that any prejudice helps to ameliorate it y. >> you were

but consider also that the lawyers who are arguing against the virginia ban are david boyes and ted olsontwo superstar supreme court litigators who faced off in bush v. gore in the year 2000 and who got california's ban on gay marriage struck down at the supreme court this past summer. nobody really knows what the judge meant when she said she would rule soon, but if she overturns the virginia ban, it probably won't be like what happened in utah where that state's feckless attorney forgot to ask for a stay and so everybody was able to get married as soon as the ruling happened. if the judge strikes down the virginia ban, there will be a stay on the ruling at least temporarily. keep on eye on virginia. while you're at it, keep your other eye uncomfortably on oklahoma. the way oklahoma is dealing with their particular legal challenge on this issue turns out to be inadvertently hilarious. and that story is coming up. stay with us. [ female announcer ] when you're ready to take skincare to the next level, you're ready for roc®. roc® multi correxion has an exclusive 5 in 1 formula. it's clinic

you know, we've seen a lot of the same attorneys arguing these cases around the country, ted olson and david boyce argued the california case, the virginia case, so we're starting to see these same legal arguments making their way all over the place. one really fascinating part of this strategy, though, is that there is a second tier to this. there are a number of cases around the country that are trying to force states to recognize the fact that the marriage exists, that if some couple gets married in a state that allows gay marriage and moves to a state like texas, and in texas there's an interesting case where the two couples are suing for the right to divorce. now that requires the state of texas to recognize their marriage in the first place, so i think that's sort of the clever subterranean way of moving even the most conservative states in the country towards recognizing same-sex marriage. >> reid, real quick, why did you have to bring up divorce on valentine's day? >> sorry about that. hey, there are other cases in states like ohio, where people are trying to get their marriage

when i asked ted olson who joined this case, he, of course, was part of the odd couple team that litigated8 case in california. i asked him why this case. you could have had your pick of cases. everyone was inviting you into these cases. there are dozens of them percolating around the country. why virginia? he said it's because i spent my formative years in california, i currently spent a lot of time in virginia so these feel like homes to me. it's because of this loving v. virginia case and has in our constitutional history. so if you think back to 1967, unanimous supreme court, chief justice warren writing the opinion strikes down this ban on interracial marriage saying it's the law of the land that individuals can marry whoever they want regardless of race. so he said that the poignancy of joining a case in virginia and drawing the analogy between the interracial marriage issue and the same-sex marriage issue was what drew him into the case. >> the virginia decision does echo what we've seen elsewhere in citing the wind zsor case to invalidate the state-level ban. is it starting to feel

virginia is in focus because the case for marriage equality was argued by two american superlawyers, ted olsonght to redefine the very nature of what marriage is. marriage is the union of a man and a woman. >> reporter: opponents of same-sex marriage are fighting back, even pushing laws to protect those who object to making wedding cakes for gay couples. state lawmakers in kansas have drafted a bill that would protect people who refuse goods and services to same-sex couples. but as far as the legal issues that have a chance of being heard by the supreme court anytime soon, this week's virginia case stands out, if only because of history. it was an appeal of a virginia case in the 1960s that led the court to declare interracial marriage the law of the land. victor and christi. >> joe johns in washington. we'll expand this conversation throughout the morning with two political commentators. >> still to come on "new day" -- a mega merger could usher in a new era in cable tv. >> here's the question, are you the consumer the one who is goating to get short-changed? we'll talk about that in a moment