March 27th, 2013
08:42 PM ET

Supreme Court skeptical of law defining marriage

Lots of skepticism from Supreme Court justices on the Defense of Marriage Act, which defines marriage as between a man and woman.

"The Federal Government is intertwined with the citizens' day-to-day life, you are at - at real risk of running in conflict with what has always been thought to be the essence of the State police power, which is to regulate marriage, divorce, custody," Justice Anthony Kennedy said.

Five justices appear receptive to gutting Defense of Marriage Act

The case against the Defense of Marriage Act was brought by an elderly New York woman, Edith Windsor who was hit with a $363,000 federal estate-tax bill when her same-sex spouse passed away in 2009.

Now had the feds recognized Windor's marriage, which was valid in New York - she would have owed nothing.

"I didn't feel any hostility, okay, or any sense of inferiority, you know, what do these people want? I felt, felt, felt we were very respected and, and I think, I think it's gonna be good," Windsor said.

Outfront tonight: Senior Legal Analyst Jeffrey Toobin, who was in the courtroom.

Filed under: Gay Marriage • News • Supreme Court
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