In this clip, Justices Kennedy and Ginsburg press BLAG Attorney Paul Clement on DOMA’s wide-ranging intrusion into the power of states to allow same-sex couples to marry. As Justice Ginsburg observes, DOMA creates two types of marriage that states are allowed to recognize under federal law: “full marriage, and this other skim-milk marriage.” Justice Kennedy, in particular, seems concerned that DOMA intrudes on the state police power to define the scope of marriage, and rather than create national uniformity, disregards the decisions of those states that have authorized same-sex couples to marry. In those states, heterosexual spouses are entitled to benefits under some 1,100 federal laws, while same-sex spouses are excluded.