was notition of doma challenged in this case. if that provision had been challenged, this would be a different case as to the people who are married in oklahoma. windsor, there are so many aspects of windsor that are simply left on the cutting in the opinions that are been written by these district courts. marriage, and especially the definition of marriage, the marriage isf virtually the exclusive province of the state. then, at the end of the windsor opinion, the court talks about the importance of the states as mechanisms for developing community consensus about important social issues. true, then essentially what the other side said is yes, the federal government, the court in windsor was telling the federal government that you need to but out of interfering with the states definitional authority over marriage. they assumed that at the same time with a wink and a nod the court was telling federal courts that they should interfere with and intruded into the states definitional authority over marriage, and that makes no sense a

the couples in windsor were actually married under state law that section 2 or section 3 of doma told them even though you are legally married under state law the federal governmengovernmen t is not going to recognize your marriage and that essentially made them participants in second-class marriages and the court held that for that reason. there's no question that there are trade-offs and policies like this. the real question is what question is whether the state question is whether the state's interest in their those interests of vision to justify utah's decision to retain their traditional man woman definition of marriage and again under the rational basis standard because it's deferential to democracy that standard will invalidate declassification only if it doesn't serve any legitimate interest. here there are at least four state interest that i would like to discuss briefly that pertains to parenting and indeed are some of the main reasons the state of utah recognizes and gives benefit to married couples in the first place and those interests also give rise to the risks we have

and that provision of doma was not challenged in this case. that provision had been challenged, this would be a different case as to the people who are married in oklahoma, that it was a challenge. to go back to windsor, there's so many other aspects of windsor that are simply left on the cutting room floor and the instead been written by these various district courts. the court in winter as we discussed before repeatedly said that marriage and especially the definition of marriage, and the court under a distinction between the definition of authority and regulatory authority. the court said the definition of marriage is virtually the exclusive province of the state. and then at the end of the windsor opinion, the court talks about again the importance of the state as mechanisms for developing community consensus about important social issues. well, if that's true, then essentially what the other side says is that, yes, the federal government, the court in winter was telling the federal government you need to butt out, interfering with the sta

this area of defining and regulating marriage the court went on to hold that it was striking down doma because of the process and equal protection and the court in fact was looking at the violations of the liberty and the equal protections interest protected by the first amendment when it struck down into the injury and harm that it was looking t into is exactly the se type of injury with regard to the marriage discrimination. in fact the state of utah has conceded that the hand of the plaintiffs have a very large and in fact we have demonstrated as a result of that but let me come back to tour question on the judgment. no party in the case. there is any material issue or fact. if any of the sociological studies present legislative facts. >> you're saying you can just ignore those. >> they wouldn't be subject to a trial but even with regard to the social science and i think that you saw when the state backed away from and gave up its reliance on the study there is no study presented to this court that in fact measures the only issue that existed as one of the states primary arguments w

. >>> and doma, president obama kicks a soccer ball around in japan with a robot. and what he has to say about russia and ukraine. ♪ ♪ [ male announcer ] help brazil reduce its overall reliance on foreign imports with the launch of theountry's largest petrochemical operation. ♪ when emerson takes up the challenge, "it's never been done before" simply becomes consider it solved. emerson. ♪ >>> a fox news alert for you now on that missing airplane. with word from the prime minister of malaysia that his country is now set to release a report on flight 370 which vanished on march 8th with 239 people on board. trace gallagher is looking into all this for us. what do you know, trace? >> well, the malaysian government had released this report to the international civil aviation organization which was required under the u.n. charter. but the prime minister said he wouldn't release it to the public. but now after immense pressure from the families of the passengers, the prime minister has changed his mind saying that he will reportedly release this report some time next wee

important, because it basically cites the victory of the supreme court where justice kennedy said that domaer into same-sex marriages. speak to us about that idea that this is a stigma and an unfair discrimination. >> just imagine if you walked into a store. and everybody was able to buy the things on aisle two. they said, no, aisle two is closed to you for some reason. why am i different? just another person. the two of us are just a loving couple who have ben together for, almost 48 years now. and when you set us aside and say -- but you're different. you are not good enough to be married. you don't belong to this wonderful institution. that's a stigma. >> uh-huh. >> pearl, when you look around the country today. while you don't have the justice that you're fighting for in this case. how do you feel looking at a country that seems to be making a lot of -- movement on this issue. a lot of people feeling differently and more inclusive of, of gay men and women in america. >> i'm well aware of it. and of course, very much pleased. i think that, with -- with the progress we have been making i

i haven't seen anywhere else before, you claim that the argument in the successful overturning of domathe windsor case, was actually influenced by the failed case in the prop 8 fight. i talked to a lot of people involved in both of these cases involved in the drafting of the windsor briefs, who really took issue with that characterization. they said, actually the reasoning in the two cases was very different, but the olson case laid out a very different logic on olson's side. in fact, the reasoning in the windsor case came from the windsor briefs. how do you respond to that? >> robby caplan is a wonderful lawyer. i talk about her in the book, her and edie. they were in the case, asking for a limited -- you know, it was a limited decision. it was a decision to say, you don't have to recognize -- you don't have to overturn bans across the nation. but you do have to recognize legally married couples and give them federal benefits. of course, olson and the perry case was asking for much more. they wanted a 50-state ruling which would allow gays and lesbians to marry. i talk a lot about the

slammed hillary clinton's evolution on marriage equality, while clinton had affirmed her support for domaormally announced her support for same-sex marriage last year. everybody knows it. beck says it's all just a scheme to grab the white house and thinks clinton is just as desperate to stay relevant as he is. >> the arc of history had come along for her to say that she's for gay marriage, she is came out last year. >> hillary came out last year? because i didn't think that had been officially -- >> the arc of history. the arc of history. >> i'm telling you, i'm telling you, hillary clinton will be having sex with a woman on the white house desk if it becomes popular. she'll be like, look, the arc of history wasn't ready for a president to be a lesbian and have sex on the desk. >> i bet sponsors are just lining up to be a part of that, aren't they? beck's grotesque joke falls flatter than his logic. clinton has been working for civil rights all the way back to her college days. working for equality isn't a ploy for the presidency, it should be a requirement. glenn beck can mock progress,

doma, attorney general holder has refused to defend do mmp a. voter fraud -- they bring action against states like texas and llege that texas is imposing a pole tax and that's what we have in the justice department today. it's hard to call it justice and be hard to take this country to the next level of our destiny if we can't have these values that i have brought out in the beginning, these values of respect for tradition and wisdom, the rule of law, individual freedom and liberty and law higher than man's law. we must restore those in this country if we are to restore the pillars of american exceptionalism. i appreciate your attention and i yield back. the speaker pro tempore: the chair recognizes the gentleman from iowa for a motion. mr. king: mr. speaker, i move the house do now adjourn. the speaker pro tempore: the question is on the motion to adjourn. those in favor say aye. those opposed, no. the ayes have it. the motion is >> it is the budget and appropriations season on capitol hill. joined by the budget reporter of "cq roll call." >> o