it's called domea. defense of marriage act. what does that say? >> the part of it contested defines marriage as the union of a man and a woman for purposing of giving out federal benefits. >> stephen: what is going to happen there? >> the lower court struck down that part of the defense of marriage act in states that recognized gay marriage as legal they said the federal government had to follow the state's definition of marriage because traditionally we give states more say over marriage laws. >> stephen: does it look like it's going to get struck down or upheld? >> it looks like doma is going down. >> stephen: if it looks like doma is going down and probably they'll punt on prop 8 that means marriage would be legal in california. >> gay marriage. >> stephen: gay marriage, sorry which is all marriage now i think. have you found your gay partner yet because we'll be forced to do it. >> i'll look. >> stephen: get a good one. i'm going with ryan gosling. [cheers and applause] if gay marriage stays legal in california that's a fifth of united states