it was remanded in light of romer. so it doesn't rely on bowers. the analysis doesn't talk about bowers. again, this court, even after lawrence, has continued to apply the same -- >> well, i have to tell you, we are sometimes perfectly capable of blindly applying cases. i'm not sure i would be willing to say that we did in davis. but that has happened. >> so, you know, if you were to lose under either -- one there's theis same-sex marriage, another possibility is there's makesened review, which life very difficult for justifying the law. are there practical implementation problems? i mean, you know, with brown, onlyould say the implementation problem was resistance, but it was a pretty easy rule to implement, right? i guess what i'm interested in, from the state's this -- theres may be controversy. there may be resistance. difficult as a matter of implementation to implement this new rule? >> so if, in other words, the outcome were that same-sex marriages were constitutionally protected, would it be hard for states? >> yes. what problems result? >>