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Mean little playmates and schoolmates and colleagues and friends and relatives all congratulating us and sending love because we were married. so it's a magic word for anybody who doesn't understand why we want it and why we need it, okay, it is magic. >> jeffrey toobin, joe johns, both inside the court for the hearings today. so, jeff, first of all if you would for our viewers, just remind them of what this case is about that led to this historic arguments that were made. >> well, the defense of marriage act passed in 1996 and signed by bill clinton into law says that the federal government w...

Instirvegtive response to a class of people, a group of people who we perceive as alien or other. >> alien or other. the case against the defense of marriage act was brought by an elderly new york woman. she was hit about w. a $363,000 federal estate tax bill when her same sex spouse passed what way in 2009. had the federal government recognized her marriage which was valid in new york, she would have owed nothing. "outfront" tonight, senior legal analyst jeffrey toobin who was in the courtroom today. did you get the sense watching this that the defensive marriage act is going down? >> reporte...

Court this was about a couple who were married and one partner died, right? >> right. edith windsor is 80 some years old. she's from new york state. her spouse died. and she was stuck with a bill for estate taxes of something like $363,000 or so. so she basically said she wanted her money back and ended up going to court. and that's the genesis of the case. but it's not just state taxes, it's 1,000 or so different benefits that you get as a result of marriage that are -- effect people in states where they have same sex marriage. and the question of course is whether those people ought to be ab...

Because there are nine states, including the district of columbia, where marriage is legal. and marriage is traditionally the prerogative of the state law. the problem is, the congress that is legislated this, in this particular case before the court, we have a woman who was partnered with the woman for years, when the new york court would finally recognize the marriage. and when her partner died. when her spouse died, then she had to pay $363,000 in federal estate taxes that she would not have had to pay if her spouse was a man instead of a woman. and i think that probably hits, for one of th...

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