the obama administration has decided not to defend doma. tell" was repealed. good morning to both of you and thank you for joining us. >> thank you. >> good morning. >> now you have join add lawsuit challenging doma, but your case may be a little more immediate, certainly more urgent than others. charlie, tell us why. >> well, i've been recently diagnosed back in april with less than six months to live. that's been updated to 12. i'm doing really well but that's a big concern because if i were to pass away, karen wouldn't receive any of the spousal benefits, is your viever benefits that are out there. >> what type of cancer are you battling? >> breast cancer. basically stage iv breast cancer. >> charlie, our thoughts are with you. know this is a very tough battle. you got out of the military for ten years and you were typing school, right? so why did you get back in. >> i was teaching school in kentucky and in 2004 i went to a conference and i went to the a conference and was talking about how i had been in the military and a principal who

and it's a great day to join us because of that doma ruling.tainly marriage equality is going to go to the supreme court. yay. oh my god, sexy liberalpalooza next saturday, very very exciting. giermo is going to be there. we are official steph heads, we saw you in seattle a couple of weeks ago, and we're going to see you in new york city. >> tom hartman here. and in my opinion there is nothing sexier than be a liberal. the stars of the most successful comedy tour in history, the stephanie miller sexy liberal comedy tour. new york this is comedy news that you need to know. they are coming to you live. ♪ hot child in the city ♪ >> on saturday october 27th right before the presidential election, the sexy liberal comedy tour will perform live on stage. tickets are available online or by calling 800-745-3,000. it's progressive, it's sexsy, find of like fdr in a thong. okay. it's nothing like that. that's the stephanie miller sexy liberal comedy tour. october 27th live at the beacon theater. [ applause ] >> stephanie: thank you, tom hartman. he is so

doma, there's a lot of room for them to do bigger steps. they could just say there is an equal protection right to same- sex marriage. i don't think there's any chance they would do that. i think whenever they do, it will be a smaller step. i don't think they will call it a big step, but they will present it as a modification of existing doctrine. >> on the topic of big steps in small steps, its often part with the prejudicial activism and i don't think we should do that in a knee-jerk way. i think the big step is often the logically necessary step and a small step can be incoherent. the big step is often times the right answer and you should not reject it just of the grounds that it's a big step. >> the federalist society endorses judicial activism, but let me ask you this question. it does it matter how the justices get along with each other after what were apparently some somewhat surprised if not her feelings at the end of last term? does that matter in terms of what we will see this term or is that forgotten and everyone is happy now?

so what happens when doma gets to the high court?re joined by nyu constitutional law professor, kenji osheena. thanks for being here. >> great to be here, richard. >> what's going to happen? >> i think the supreme court is almost definitely going to happen. you rarely see a federal appellate court striking down one without review. >> if it takes it, what's going to happen? >> i think it's going to get struck down. >> 5-4, huh? >> 5-4, maybe even 6-3, because a lot of the conservatives actually are adamant state's rights individuals, and so if you think about this as a federal statute, that trenches on state domain, you might pick up one or two of those justices as well. >> so marriage equality proponents are watching this very, very carefully. what is it that the appellate court, in this case, found objectionable here? >> well, what was so striking about this case, compared to any prior appellate court decision is the court i applied what's known as heightened scrutiny, saying that it draws a higher level of review from the course, a

. >> the court also said government deals with marriage as a civil status with doma ruled understandt exactly does that mean for guy couples? >> i think what it means is the government is looking at it pure. you may be opposed to it or not or the church may believe in it or cannot. but it's a government thing. if the state wants to say it's legal, that state has the right to say legally they can mair. it's separate church and state. >> many believe that this will be eventually taken up by the supreme court. are you confident of that as well? >> i think it's coming. there are a lot of political issues. we're getting there. sooner or later the supreme court is going to have to put a stop to it and say this is the law of the land or wait for congress to do something, which doesn't seem like it's going to happen. >> if they do take it up, how much will the lower court's decision matter? >> it's saying gay people have been unrepresented by authority and i think the sproort court does need to do something sooner or later because it's going keep coming up. the point of the supreme court is

court of appeals declared doma unconstitutional.second appellate and sixth court in a row to do so. george h.w. bush -- they declared doma institutional in the majority decision of windsor v. united states writing... >> eliot: to break down the implications of this rule, i'm joined by richard socarides former president of equality matters who served as an adviser it of lgbt issues to president clinton. you haven't stopped smiling since the decision came down. hugely important day. explain what this means and why it is so important. >> it was a important decision for a couple of reasons. first, because it is a very important federal appellate court. the second circuit is a very prestigious court. the chief judge is known as a conservative judge appointed by republican president. so you know, all of that makes for a very important decision anyway. but most importantly, this is the first appellate court say when we look at classifications based on sexual orientation, in other words, when a law treats americans based upon their sexual o

. >> bill: then guilfoyle, they'll deliberate on whether doma is constitutional? >> yes. they'll determine whether or not it violates the equal protection clause, thereby denying people who have been legally married in states and jurisdictions that allow it the benefits that accrue from being married. >> bill: so they'll most likely say it's unconstitutional? >> i think so based on the split. >> bill: when the supreme court says defense of marriage act is unconstitutional, then that let's every state decide for themselves? >> it's a state's right issue, but the supreme court will probably say. >> bill: one state said no, we don't want it here. >> that's prop 8. >> bill: okay. and then now we have that appeal heading toward the supreme court. that's separate one. >> that's the other part of this gay marriage act. >> bill: the state already decided we don't want it. >> and this lower -- >> bill: the supreme court has to decide whether the states have jurisdiction over the marital -- >> they don't got to decide anything. they don't have to take any of these cases. >> they co

i actually think they will take the doma case and they will declare it unconstitutional because it isreally manifestly unjust. the government has a very hard time explaining why the government needs to do this. i mean, what interest is served by penalizing married couples who happened to be of the same sex? the proposition eight case is a much more dicey proposition, because if the court, if the case goes up in its current form, and there are ways they could matter what, but if it goes up in the current form it basically is, must the 44 states that don't have same-sex marriage start allowing them? that would be politically incendiary. imagine telling mississippi and alabama and texas oh, by the, you have to start performing same-sex marriages or you're in violation of the constitution. the justices are very unaware of the political risk of there. i think it will deny certiorari on the proposition 80 case, which means same-sex marriage would come to california. that would mean that approximately 20-25% of the people in the country will live in states that have same-sex marriage. and i

, the house republicans are defending doma.'t the republican party following public opinion on this? and why would you want to elect mitt romney and paul ryan in this circumstance given how you feel about it? >> you may have overlooked the fact that for the last few weeks i've been joe biden. >> mr. olson has been playing the part of joe biden in paul ryan's debate prep which will help paul ryan get better at debating which will help him become vice president which would be bad for gay rights. right? >> or could persuade him on this issue. don't under state the possibility that dialogue and talking about these issues makes a difference. not just independents and not just democrats but republicans, too. the tides are changing. attitudes are changing. and the way to change those attitudes is dialogue. and the way to change those attitudes is to talk to people about the fundamental right and the way to deal with republicans in my opinion is to say we are the party of abraham lincoln. let's not forget that. what are these -- we say

doma was first struck down by a federal appeals court in boston. the issue is expected to end up before the supreme court. >> with less than three weeks to election day some potentially bad news for the obama campaign. the latest poll is showing mitt romney's lead widening. a seven day rolling average puts governor romney at 52% to the president's 45%. president obama and governor romney were in the same place at the same time tonight. instead of trading barbs they traded one liners. >> reporter: president obama and mitt romney took a break from their contentious campaigns for a night of laughs at a new york charity event. they poked fun at themselves and each other. >> in the spirit of sesame street the president's remarks are brought to you by the letter o i and the number 16 trillion. >> i went shopping at stores in midtown. i understand governor romney went shopping for some stores in midtown. >> reporter: a white tie catholic charity fundraiser. >> it's nice to relax and wear what ann and i wear around the house. >> mitt is his middle name. i

marriage equality to states, and the department of justice has been remarkable in the fight to overturn doma so i think he's on the right side here, even if he is not moving quite quickly enough. it is a much better choice than mitt romney who held secret meetings with gay republicans at a farm in virginia, and it was not a closet in the superbs, where he apparently promised a few things here and there to get their endorsement. and i have no doubt in my head that lgbt people will help give the president the boost he needs to get reelected and they'll have a lot to ask from him. >> jennifer: so he ran as far away to a rural farm so no cameras could see him in connection with the gays he was meeting with? >> everything we have talked about tonight has been about romney preserving his base support. because his entire candidacy has been telegraphed around the worry that the base will fall away. >> jennifer: you have just outed him, though my friend. >> well, it will take a lot more than me. [ laughter ] >> jennifer: charlie on this mtv interview, at another point, president obama was asked about

a presidential election, where the incumbent backs marriage equality and his challenger, supports domail unions. stark contrast, mainly based on religious objections. voters seem to pass the bat lol level initiatives as the country as a whole approves of marriage equality. right there, 54% saying same-sex marriage should be legalized. next guest is mitchell gold, author and known for challenging religious institutions to reach more tolerance. great to have you here. i want to point out, you're honored on november 11th, the interfaith alliances' 15th annual waller cronkite faith and freedom gala here in the city. i know how important it is to you as an activist trying to bridge the divide between what's taught at the pulpits and what's happening outside on the street. what have you learned, as you've been trying to do this work? >> what i've learned over the years is that, frankly, the lgbt community has really not done a good enough job. they've done a job but not good enough job of educating people about the arm from outdated, misguided, ill informed religious teachings. when people l

. >> a federal appeals court is declaring that the defense of marriage act doma.is unconstitutional. earlier this year president obama ordered the justice the party to stop defending the law of constitutionality. the court in boston and similar ruling in may. the supreme court may likely make the ultimate sex couples to marriage five states allow civilians. >> the time now 627 will be back with more to have the reaction from facebook as the giants are in and make a break situation today. we'll be right back and keeping our wall street we're three minutes away from the opening bell what with the market's due today on this friday. (opening bell) >> there is, we will see with the live shot. of the new-york stock exchange. google impacting the markets. >> we are tracking also the weather with ericka. >> good morning, as we check downtown san francisco. 20 degrees cooler than what we saw yesterday. it datea significant cool off with this afternoon. and mostly cloudy conditions with dense fog along the coast. cooler with temperatures in the 60s. a breakdown of what we w

some of them have mini domas.ional amendments. >> bill: and seven states and the district of columbia have okayed -- >> seven state have okayed it, but we're waiting -- both washington and maryland have okayed it, but we're waiting for the voters to weigh in on it. so it didn't go into effect. so it's a very complicated picture right now. we have six states where it's legal, and district of columbia. and we may end up with one, two, or three more states that legalize it. >> bill: any poll numbers from minnesota? >> yes. there is 47% -- the latest poll 47% for the amendment, right, which is an anti gay vote. and 46 against it. in minnesota as i understand it -- and i say that like a michigan-er, minnesota, they have to reach at least 50% of all of the votes cast. for instance if the vote came up 47 to 46 it wouldn't pass. they have to get at least 50%. so if you go in and vote for obama or romney but decide not to vote on the marriage amendment, and then they don't reach 50%, then it still won't go into effect. >>

>> just as a matter of fact, doma does allow states to decide on this issue.it makes a statement at the federal level but allows for states to make decisions on marriage. i do support doma. and, look, i understand what the court has rendered today. but the process is not done. it will go to the supreme court, and as long as it's the law of the land, we should be supporting it until the final word is said on that. that's just the way the country works, the legislative branch and executive branch. with regard to gay marriage, let me just say that i support civil unions. but i don't support gay marriage because that should be a religious question and decided by religious institutions but i do believe everyone is entitled to rights and that's why i support civil unions. >> moderator: next question to the kingman. >> this keep in via e-mail. how would you restructure the taxes? >> i talked about the need to make our code more simple and fair. we have way to many loopholes taken advantage of because it's school in they have lawyers that find these loopholes. that do

ted olson and romney adviser is working with log cabin republicans to actually roll back doma but wed others do agree that as far as for the future of the country, for the good of the united states, it is governor romney that needs to be elected president in november. >> what about this then, clark? if you're not -- if you say you're not moving backwards, tell me this. there's reports that romney secured your endorsement of your group promising you or your group to support the passage of a major gay rights legislation, ending workplace discrimination. is that true? >> what is true is that we have had a lengthy conversation with the campaign and the governor. >> what did he say? >> we talked about as president he certainly wasn't going to walk away or roll back what's in place. there's certainly room and opportunities for workplace nondiscrimination as an employer, as a businessman, the governor cornually can appreciate from his time at bain capital and as governor that discrimination in the workplace is unacceptable and he said that. he was very clear about that discrimination in the

chief judge dennis jacobs issued an opinion for the three-judge panel finding that section 3 of domaderal purposes as only the legal union between one man and one woman is unconstitutional because it descriminates against gay people and fails to pass the test of heightened scrutiny, which courts use to examine other laws that might discriminate against racial minorities and women. we know that jacobs himself was appointed to the federal bench by president george h.w. bush and is considered a conservative judge. we know the obama administration's decision not to defend doma in the courts was a righteous choice even before this decision. that it looks sounder and sounder every day. we don't know when this issue will hit the supreme court, but we can be certain it will sooner rather than later. despite the absence of any mention of climate disruption in the first three debates, we know that two-thirds of americans say there is solid evidence of global warming, the highest that number has been in five years. we know that the effects of a climate in turmoil are more and more apparent from

and the administration has endorsed the respect for marriage act, which would repeal doma. the administration's decision to stop defending doma he doesn't support the repeal and said that he opposes marriage equality believes he said in a recent debate that he believes there should be some recognition or protections for same -- loving same-sex couples, which was an interesting acknowledgment to -- to acknowledge that couples can be -- can be loving couples and yet still hold out that there should be a different system. >> bill: where is mitt romney on don't ask don't tell? >> mitt romney has not said that he would reinstate it. >> bill: unlike rick santorum. >> right. and paul ryan his running mate obviously, said that he believed that it was a done issue, and we had to -- it was time to move on. >> bill: yeah. >> there was some language in the party platform that people like elaine donnelly who had been one of the -- you are familiar with her -- her work? >> bill: oh god, yes. >> she had certainly praised certain language in the platform that talked about reassessing milit

circuit court of appeals said doma violates the constitution's equal protection laws but the case was brought by prominent lesbian activist edith windsor of new york, who was forced to pay more than $350,000 in estate taxes because her marriage wasn't recognized under federal law. five other federal appeals courts have previously deemed the law unconstitutional. despite also opposing the law, the obama administration has continued enforcing it pending a final ruling that it has requested from the supreme court. texas is threatening to shut down a state health program for low-income women and the group planned parenthood continues to be involved. the texas program offers cancer and health screenings as well as birth control services to some 130,000 low-income women, about 40% of whom are served through planned parenthood. but texas has sought to and planned parenthood from participating because they also provide abortions. a federal kills court is currently reviewing plan. it's a challenge to the band. on thursday, the texas health and human services executive commissioner said -- a re

nation to strike down the defense of marriage act as unconstitutional and appeals court in boston found domanal earlier this year. issue expected to be decided by the supreme court. that coming in msnbc. president obama and governor mitt romney on the same roof but no boxing gloves required. time for the sidebar. two days after the showdown in new york, sparring partnered back in new york tonight, invited to speak at the annual al smith dinner. conversation expected to be light and jovial at the archdiocese charity event. remember the fund-raiser governor romney secretly taped commenting on the 47% of the country the host is planning a second attempt to do right by romney. saturday night's event will not be at the home and will be co-hosted with several others. >>> paul ryan executed what football fans might call a fumble on the trail. confuse two cleveland browns quarterbacks while talking to one of them. condoleezza rice alongside the congressman had to point out the flub. >> i'm a big college football fan. we wife's a fan. we've been fun watching. you really are fun to watch aosu. you got

maryland and maine, the president supports those initiatives, mitt romney is opposed and supports doma. joining me now is the executive editor of the -- executive director, excuse me, of the family equality council. jen, it's great to have you here and i want to dig deeper, mitt romney and this report from "the boston globe," the governor rejected creating accurate birth certificates for gay parents in massachusetts where marriage equality has been legalized over the last nine years this despite a department of public health lawyer saying the places that those kids at an unfair advantage in the long run, though, the romney campaign has declined to comment on this report. is that what people should expect from a romney presidency, look at how he governs massachusetts for how he could govern the country? >> yeah. look, at family equality council what we talk about is advocating for families, and i think you only need to look at the records of these two candidates, ignore the polls, ignore the ads and really look at their records because if you do that, when you go into the voting booth,

. >> i support the repeal fo doma. i carried a resolution in the california assembly to do so. i strongly support the lgbt right to, and they're marry and the right for same-sex couples to marry. i think this is really a defining moment in our country, a civil-rights issue. i am pleased that the obama administration has taken some necessary steps towards repeal of don't ask, don't tell, and his decision to extend federal workers' benefits to same-sex partners. i support gay marriage 100%. the fact that married couples would not be able to actually keep their federal benefits, filing jointly or the spousal support of social security benefits -- a game married couple would not have the right to those federal benefits is the reason why we must move forward in repealing doma. >> no comment? >> i think marriage is between a man and woman. >> i want to move on to probably the most important economic issue of our time, which is the devastating housing meltdown. the apparent failure of the government today to find solutions to fannie mae and freddie mac which will cost taxpayers tens i

the doma case, the case is a lot easier legally and politically for the supreme court because, so they are states. i actually think they will take the doma case and they will declare it unconstitutional because it government why the government needs couples who happen to be of if the case goes up in its current form and there are ways that they if it goes up must the 44 states that don't. imagine telling mississippi and alabama and texas oh by the way you have to start performing same-sex marriages or you are in violation of justices are very aware of the think they will deny certiorari on the proposition 8 case which means same-sex marriage approximately 20 to 25% of the people live in states that have i don't think believes that number is going to start to i am not particularly of the debate here governor it's not going to happen anytime it's will be pleased state-by-state level and. >> that please join me in

but if he had to doma new all labor he might not get here.ht now who are being paid on an hourly basis. you might see that impact the number a little bit but not a big effect. >> thank you. >> sandy also hurting the entertainment business. we'll find out when tv shows and broadway can turn back on the >>> the show must go on is a phrase that may be as old as show business but superstorm sandy was not listening. as barry petersen reports a lot of shows are not going on. >> reporter: oh, what a night indeed, new york's bustling broadway scene has gone from singing to sand bags. ♪ >> reporter: say hello to hurricane sandy which forced all 40 theaters in the great white way to shut down saying good-bye to hundreds of thousands of dollars in lost revenue. to stem the losses, spiderman and his friends really do need to turn off the dark. >> producers have to pay their staff and the actors anyway so it really is a complete loss for them. >> reporter: for the second night david letterman showed up for the late show but played to an empty theater. >>

the doma case, the case is a lot easier legally and politically for the supreme court because, so they are states. i actually think they will take the doma case and they will declare it unconstitutional because it government why the government needs couples who happen to be of if the case goes up in its current form and there are ways that they if it goes up must the 44 states that don't. imagine telling mississippi and alabama and texas oh by the way you have to start performing same-sex marriages or you are in violation of justices are very aware of the think they will deny certiorari on the proposition 8 case which means same-sex marriage approximately 20 to 25% of the people live in states that have i don't think believes that number is going to start to i am not particularly of the debate here governor it's not going to happen anytime it's will be pleased state-by-state level and. >> that please join me in >> good afternoon, ladies and gentlemen. i'm jim milngto it's about 40 minutes. >> library of congress who enjog this extraordinary national book festival. [applause] >> we have

a lawyer has been representing the house of representatives in these doma cases.t: here's a question via twitter. guest:ell, the qualifications for being on the supreme court are essentially zero. it doesn't say you have to be a lawyer. the qualifications are whenever the president and senate decide they are. they are all former judges, with one exception. the ninth, elena kagan, was the solicitor general and the dean of the harvard law school. it suggests there performing a robotic function and that is not what the court does. the easy cases are disposed of in the lower courts and they don't get that high. the supreme court tries to take courses that they think are important for guidance for the lower courts because they are tricky questions. if lower courts have split on that very question -- if you have the first circuit court in boston disagreeing with a second circuit court in new york regarding how a law should be applied or whether the first amendment protect this or that -- clearing up those differences is the job of the supreme court. justice robert jacks

brownley: i support the repeal of doma and, actually, carried the resolution in the california assembly to ask congress to do so, and i strongly support the lgbt community and their right um, to marry and the right for same-sex couples to marry. i think this is really a defining moment in our country and a civil rights issue, and i'm pleased that the obama administration has taken some necessary steps towards, certainly, the repealing of don't ask, don't tell. and his decision to expend federal workers' benefits to same-sex partners. but i support gay marriage 100%, and the fact that a married couple would not be able to actually keep their federal benefits, filing jointly or the spousal support of social security benefits, a gay married couple would not have the right to those federal benefits, um, is all the reason why we must move forward in repealing doma. >> moderator: senator strickland, no comment? strickland: no. i support marriage between a man and a woman. >> moderator: henry? you're starting with assemblywoman -- >> i want to move on to probably the most important economic is