mr. hallward-driemeier: that's absolutely right, your honor. justice ginsburg: so you are supposing a situation where the plaintiffs do not prevail, and so a state can retain its ban on same-sex marriage. the question is has does it have to recognize marriage from out of state? would it make any difference if the couple came from the state where there is a ban on same-sex marriage, goes to a neighboring state that allows it, and then comes right back home again? mr. hallward-driemeier: no, your honor. i don't think that there would be such a distinction. and, in fact, none of these four states draws that kind of line that your honor presupposes. and that's one of the points that's so important here, is that as the court observed with respect to doma in windsor, the nonrecognition laws here are a stark departure from the state's traditional practice of recognizing out-of-state marriages even though they could not have been celebrated within the state. it's precisely that circumstance where the laws diverge that the issue arises. and the three states that have th