. >> in 1965, edie windsor meat thea spire at a new york city restaurant. she would later tell the times that they danced so much that night. they fell in love, spent 44 years together and eventually, in 2007, they got married. >> we heard from literally hundreds of people, little playmates and schoolmates 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.

. >> reporter: her case arises from the love of her life, thea spire. they spent 44 years together in new york city. edie worked at ibm. thea was a therapist, and they finally married in 2007. but then after thea died in 2009, edie, who lives on a fixed income, was suddenly hit with $363,000 in estate taxes, taxes no straight widow would pay because the federal government refused to recognize their marriage under the defense of marriage act, which defines marriage under federal law as the union of one man, one woman, affecting taxes, social security, military survivor benefits. in court, justice ruth ginsburg said it seemed like a second-class system for gay couples. >> the states have two kinds of marriages, the full marriage and then this sort of skim milk marriage. >> reporter: that comment struck a chord on social media, becoming a popular twitter hashtag while this red equal sign became an overnight symbol of solidarity with gay couples. but for millions of americans, same-sex marriage is about bedrock beliefs. >> we just believe that when the god o

. >> edith windsor and thea spire got engaged years ago. it's wednesday, march 27th, i'm alex wagner. and this is "now." >> i am today an out lesbian who just sued the united states of america. >> the supreme court cracks open doma. the skim milk marriage. chad griffin helps us dissect today's developments. >> you are serious? you want to equate interracial marriage to a homosexual marriage? >> susie orman will break down what will happen when the right wing realizes it's wrong. >> i'm not concerned about the democratic party. i'm concerned about the people whose lives will be impacted by it. >> but will he make the moves? don't call it a comeback. >> toss the political scripts. >> sarah palin releases a new video with one message, 2014. >>> and a shocking report on the culture of violence in the military. no, not the one on the battlefield. the one on women. >> in 1965, edie windsor meat thea spire at a new york city restaurant. she would later tell the times that they danced so much that night. they fell in love, spent 44 years together a

died, and because of the defense of marriage act, in death thea spire was not recognized as having a surviving spouse. now, at one level, this case which led to today's arguments, it is an incredibly romantic story of two young women in love who became two old women in love, a romance only ended in death in its fifth decade. but this case arises from not this romantic truth but rather the unromantic truth of the law treating your spouse as a stranger in death when other romantic couples are deferred to as a family. the 1996 defense of marriage act puts a law that the federal government must discriminate. the federal government of course doesn't perform marriages. federal government doesn't issue marriage licenses. it never has. it's the states who governor who is and who isn't married. but under doma, the federal government has to comb through the marriages that the states do recognize and pick out the ones that are same-sex couples and then it must deny rights that all the other marriages get. at the court today here was the laura for the pro-rights side arguing that point. and yo

a lifetime kind of event. >> reporter: windsor and her wife, thea spire were married three years, partnersire passed away she was hit with a $360,000 federal estate tax bill. money she would not have had to pay if she had been married to a man. >> in the midst of my grief, i realized the federal government was treating us as strangers. >> reporter: the defense of marriage act, or doma, defines marriage as a union between a man and a woman. so gays and lesbians who are legally wed in their states, can't get the same benefits afforded to heterosexuals. a majority of the nine justices seemed highly skeptical of the law. justice anthony kennedy and the four liberals on the court raised questions. >> so you would be really diminishing what the state has said is marriage. you are saying, no, state, there are two kind of marriages. the full marriage, and then this sort of skim milk marriage. >> supporters of the law argue it allows the federal government to stay out of state experiments with marriage. the obama administration provides no legal defense for doma and lower courts ruled it unconstitu

. >> well, afterwards, edith windsor said it went beautifully and her late spouse, thea spire, would be pleased. >> today is like a spectacular event for me. it's a lifetime kind of event. and i know that the spirit of my late spouse, thea spire, okay, is right here watching and listening, and would be very proud and happy of where we've come to. >> today's case came just a day after oral arguments on california's proposition 8, same-sex marriage ban. justices, both liberal and conservative, seemed reluctant yesterday to use it as the basis for sweeping national change. this case, doma, on the other hand, could be just the opposite. jeffrey toobin was inside the court again today and joins us outside the court. so i know everything comes with the caveat the supreme court could surprise us and is hard to predict. but you say you think that doma is in trouble. that a majority of justices seem to be inclined to throw it out. what makes you say that? >> reporter: because of what anthony kennedy said. that's really what it comes down to. because the four democratic members of the democrat

. >> reporter: her case arises from the love of her life, thea spire. they spent 44 years together, finally marrying in 2007. but after thea died in 2009, edie was suddenly hit with $363,000 in estate taxes, taxes no straight widow would have to pay because the federal government refused to recognize their marriage under the defense of marriage act. in court justice ruth ginsberg said it seemed like a second class system for gay couples. >> two kinds of marriage, the full marriage and then this sort of skim milk marriage. >> reporter: that comment struck a cord on social media, becoming a popular twitter hash tag. but for millions of americans it's no laughing matter. same sex marriage is about bed rock beliefs. >> we're not motivated by bigotry. we just believe that when the god of the bible created the institution, he defined it and i really believe that he got it right. >> reporter: edie windsor and thea spire were engaged bang in 1967 but edie told thea she wouldn't be able to wear a ring because all of her colleagues would say who is the guy. so she

emmalked down 44 steps which coincidently is how many years edie windsor and thea spire spent together as a committed couple. and we ask for equal justice under law here. as you heard in the courtroom today, the evolution of gay people's rights in the supreme court has been a long road. in the 1960s, the supreme court upheld the exclusion of gay aliens from the united states. in the 1980s, it upheld laws criminalizing intimate sexual behavior by gay couples. today, however, the supreme court has changed its understanding of the words of our cost to send and we are -- of our constitution and we are confident that in your times in the future that equal justice under the law will be a really valid he for -- a reality for gay people as straight people under the law. >> director of at the aclu.ect i want to say a few words about with the defense of marriage act does. we know that the government doesn't married people. the states married people. but we also know, whether you are married or not, it makes a efferen dax it makes a difference -- it makes a difference in federal laws. your social

. >> well, afterwards, edith windsor said it went beautifully and that her late spouse, thea spire, would be pleased. >> today is leak a spectacular for me. a lifetime kind of event. i know the spirit of my late spouse is right here watching and listening and would be very proud and happy of where we've come to. >> well today's case came just a day after oral arguments on california's proposition 8, california's same-sex marriage ban. justices both liberal and conservative, seemed reluctant yesterday to use it as a basis for sweeping national change. this case, doma, could be just the opposite. senior analyst jeffrey toobin joins us, he was inside the court. i know everything comes from the caveat that the supreme court could surprise us, but you think that doma is in trouble, the majority of justices are inclined to throw it out. why do you say that? >> because of what justice kennedy said, the four democratic nominees to the supreme court were all very clearly hostile to the defense of marriage act, and so where were they going to get the fifth vote? well, anthony kennedy is the only re

couples like edie windsor and her late wife, thea spire. >> it is a marriage anybody would want gay or straight. we had a wonderful life together. >> reporter: when spire died in 2009 windsor got socked with a $360,000 estate tax, money she wouldn't owe the irs if her spouse had been male. the 1996 defense of marriage act limits federal tax and entitlement benefits to heterosexual couples. now the big question for the justices -- >> can the federal government deny to those legally married couples benefits available to heterosexual couples? >> reporter: before it can weigh in the court must decide whether the group defending the law led by house republicans has the authority to make the case. it is no sure bet. the meaning of marriage has ignited a debate outside the high court. yesterday for the first time justices considered whether gays and lesbians have a fundamental right to marry. >> can you think of any other rational basis for a state using sexual orientation as a factor in denying homosexuals benefits? >> you want us to step in and render a decision based on an assessment of th

in inheritance taxes because doma presented the irs from recognizing her marriage to her wife, thea spire. taxes she would not have had to pay if thea had been a man. coling out of the court today she said that's not the only reason she's fighting for equality. >> it's a magic word for anybody who doesn't understand why we want it and why we need it. okay. it is magic. >> the shifting politics on the issue of same-sex marriage are evident in the growing list of prominent republicans and democrats supporting the repeal of doma and the unusual lineup of those arguing the case. in a rare move, the obama administration declined to defend the federal law in court. instead siding with those challenging doma. now, instead, house republicans are the ones who stepped in to defend the law at a $3 million price tag to taxpayers. today their attorney faced some serious skepticism from justices about the mer its of the law, starting with a question of morality. >> dewe really think that congress was doing this for uniformity reasons? or do we think that congress's judgment was infected by dislike, by

. >> we walked down 44 steps, which coincidentally is how many years edie windsor and thea spire spent together as a committed couple and we ask for equal justice under law here. >> and the lawyer defending doma is deis taking to house republicans. just like yesterday, the hearing with demonstrators from both sides. >> as a conservative, i will tell you that doma wreaks of big government. >> we will no longer be satisfied with living in the shadows of freedom. we have the right to marry who we love. we have the right to work as we are. >> those who are anti-marriage equality are not all bad people. however, they are all wrong people. >> how can it be that my fundamental rights are fundamentally different than my mother's? the answer is simple, it cannot be. >> nbc justice correspondent pete williams live outside the court. pete we heard from the plaintiff. people involved here. but what is the impression from the court? the justices today? >> i think there are five votes to strike doma down for probably two reasons. several of the justices believe that it is a discrimination. that the

edie had 42 happy years with the love of her life, thea spire. >> we are gathered together today -- >porter: the two were married, but when thea died in 2009 edie got hit with almost $400,000 in federal estate taxes, a penalty she would not have had to pay if she were married to a man. if you could talk to the supreme court as they consider this case, what would you tell them? >> it's a marriage that anybody would want, okay, gay or straight. we wonde >> reporter: eddie windsor in court today. now, none of the justices as far as we know have twitter or instagram accounts. this is a 21st century social media revolution. and you can see it. check out beyonce's instagram account. she posted a photograph of a note that she apparently herself wrote. it reads simply if you like it, you ought to be able to put a ring on it. george? >> maybe one of them will have to get an account. thanks very much. >>> now to general petraeus' very public mea culpa. the former head of the cia makiifiri sp sin abc's david kerleha t good morning, david. >> reporter: good morning, robin. david petraeus has been

marriage today turns to couples who are already wed, couples like edie windsor and her late wife, thea spire we had a wonderful life together. >> reporter: when spire died in 2009, windsor got socked with a $360,000 estate tax, money she wouldn't owe the irs if her spouse had been male. the 1996 defense of marriage act limits federal tax and entitlement benefits to heterosexual couples. now, the big question for the justices. >> can the federal government deny to those legally married couples benefits that would be available to heterosexual couples? >> reporter: but before it can weigh in, the court must decide whether the group defending the law led by house republicans has the authority to make the case. it's no sure bet.

spire. so they were a married couple, thea is gone now, she's no longer with us but edie has brought this case of them. by fighting for the estate, she's fighting for the two of them and she is fighting for something very big indeed for our country. and in order to do so, she has to fight against something very big. >> it is kind of crazy. we lived together for 40 years, we were engaged with the circle diamond pin because i wouldn't wear a ring because i was still in the closet. i am today an out lesbian, okay, who just sued the united states of america, which is kind of overwhelming for me. >> she's in her 80s. there are all sorts of people and all sorts of fights that technically are not still around, but they live and we can see them. we can see their light in some of the biggest deal and most difficult things we do today. whether or not you see equal rights for gay people as your particular fight, whether or not you even agree with that particular fight, this was a really big, historic week for that fight. and therefore for our country. all the work, all the generations of work to get here

spire's asset when she inherited. her bill -- $363,000. >> it hurt terribly. it did hurt terribly. and i felt -- i felt angry. >> if theatheo, then she would have had no estate tax whatsoever. >> reporter: winsor sued challenges a law that denies same-sex marriage to couples who live in states that allow such union. >> and the supreme court has to decide is that a legitimate distinction to draw between people? gay people pay, straight people don't. >> reporter: regardless of the decision, winsor says, by making it this far, she already feels a sense of accomplishment. >> a huge step forward and a huge difference how people look at us. >> reporter: jason carroll, cnn, washington. >> as the justices deliberate, supporters of same-sex marriage hope this symbol continues to thread across the internet. the human rights campaign came up with the idea. they advocate equal rights to lesbian, gay, bisexual and transgender people. >>> war may break out at any moment that's according to north cree california which cut off another communications hot line with south korea. last hour, i talked with chris are over to hill, am ambassad