That nine states and the District of Columbia have legalized same-sex marriage is encouraging progress for those of us who believe that everyone deserves to have basic civil rights . But , even if every state in the country could pass a similar legislation , it would not be enough . What we need is for our federal government to step up and make this basic right a law of the land . Beyond the social discrimination , the refusal of our federal government to legally recognize same-sex marriages imposes steep financial penalties on same-sex couples . That two of the most costly penalties are triggered upon the death of one partner just adds to the ache of the senseless discrimination . I have been with my partner , Kathy Travis , for 12 years . If I am lucky I will spend the rest of my life living and sharing my joys and happiness with her . We have worked very hard as a team to save for our future together and consider everything we have as equally owned by the other . If the federal government recognized same-sex marriage , then when one of us dies our assets would seamlessly transfer free of tax to the survivor . That 's a basic right that every heterosexual married couple has . But because there is no federal recognition of same-sex marriage , if I die first , or vice versa , before either of us can inherit what is now jointly our assets , there would be a federal estate tax bill that one of us would currently have to pay . Again , to be clear : If we were a heterosexual married couple , there would be no estate tax regardless of the size of the estate or who died first . This spring , the Supreme Court will weigh in on the constitutionality of the federal Defense of Marriage Act . The Court needs to do the right thing and end discrimination against gay couples . We all have 83-year-old Edith Windsor to thank for in pushing the issue of same-sex marriage equality on to the national front . Edie and her partner Thea were together for 40 years . How many marriages do you know that have lasted that long ? But when Thea died in 2009 , Edie was hit with a $ 363,000 federal estate tax bill because as a same-sex couple they were not eligible for the unlimited marital deduction . Are we really a nation that says it is fair and just to demand Edie pay a $ 363,000 penalty because she is gay ? There 's another penalty that 's even worse . Regardless of the size of their estates , every gay couple is discriminated against when it comes to Social Security benefits . Married heterosexual couples can maximize their Social Security retirement benefits by taking advantage of the highest-earner 's benefit . When both spouses are alive , the lower earner can opt to collect a monthly benefit check that is equal to 50 % of his or her spouse 's benefit . For many married couples , that 50 % spousal benefit is often much higher than what the lower-wage-earning spouse could collect based on his or her own earnings record . Most important , when the high earner dies , the surviving spouse is allowed to collect 100 % of the deceased 's higher benefit . Because same-sex marriages are n't recognized on the federal level , gay and lesbian couples are not eligible for Social Security spousal benefits . The lower earner can not claim any benefits based on the higher earner 's benefit . A heterosexual couple married for just a few months is able to collect a federal benefit that same-sex couples who have been together for decades ca n't . Are we really a nation that says that is fair ? Beyond those two glaring death penalties , health insurance is another area of severe federal financial discrimination against gay couples . I am so glad to see more employers extending health insurance benefits to same-sex partners . But because same-sex couples are not considered legally married under the eyes of the federal government , the dollar value of the health coverage is considered taxable income . A 2007 study estimated that this gay health insurance penalty costs same-sex couples an aggregate $ 178 million ( $ 1,069 per household ) , while employers paid an additional $ 57 million in payroll tax on that taxable income . No heterosexual married couple or their employers pay that penalty . Again , are we really a nation that says that is fair ? The social and civil discrimination that persists as long as our federal government does not recognize same-sex marriage is inexcusable . Add in the financial discrimination gay and lesbian couples face and the current policy becomes all the more indefensible .
Suze Orman : It is true that a handful of states have legalized same - sex marriage . Orman : The federal government should make this basic civil right a law of the land . She says gay couples are penalized when it comes to unemployment and Social Security benefits . Bush : When will our government end financial , social and civil discrimination ?