heather hanson, trial attorney and bob bianchi attorney and prosecutor.we'll get your thoughts on breaking news first. heather, what is the significance of that comment. >> we'll find that, the bans are unconstitutional there are one of two-ways. under due process clause of the 14th amendment say marriage is right. therefore you can't take it away or under equal protection say homosexuals, gays, lesbians are entitled to same rights as head troh section walls. that goes to whether or not marriage is right. that will be difficult for justices to say. if they say overall broadly marriage is right where does that end? how old do you have to be to have that right? do you have the right to have many wives? do you have the right to have many husbands? so i think that question goes to those concerns. martha: bob, what do you think what do you read in justice kennedy's comments. >> i think arguing many times in front of appellate court you have to be very careful about what question the judge is asking. they i don't take anything by the way the question is asked a