Why Partial DOMA Repeal Is Our Best Hope

According to the Advocate, congressional leaders are crafting legislation that would repeal Section 3 of the Defense of Marriage Act (DOMA), essentially granting same sex couples the 1000+ federal rights currently denied to them. This legislation, on the surface at least, looks much more aggressive than the Uniting American Families Act (UAFA), which is only seeking 1 out of the 1000+ federal rights: immigration.

So why am I more optimistic about this legislation than UAFA? Well, a couple reasons.

First off, this legislation decouples gay rights from immigration, two very controversial topics in the current political environment.

In addition to that, "Potential for fraud" can no longer be used as an excuse, since the bill would only recognize contracted same-sex relationships, which were not available when UAFA was written.

Last but not least, a Partial DOMA Repeal would have much broader support among, yes, the gay community. Let's face it, for the gay community at large who are not impacted by the immigration issue, they have a hard time understanding the plight of those who are in the bi-national situation. We're either seen as detractors from the "bigger fight": marriage equality, or we get chastised by activists working on CIR as shameless free riders.

On the other hand, any gay person would have no difficulty understanding the benefits of a Partial DOMA Repeal, especially for those who live in states where they enjoy equal rights at the state level, but none at the federal level.

As much as I dislike compromises, Partial DOMA Repeal is much less controversial than a full repeal, which congressional leaders such as Barney Frank have acknowledged as difficult if not impossible to achieve in President Obama's first term.

As a result I expect Partial DOMA Repeal to have much stronger congressional support than UAFA, giving it a better chance of passing. That is not to say it's a done deal. Factors such as number of states getting gay marriage, White House support, and preventing Republican senators from fillibusting the bill will decide the fate of this legislative effort. More analyses on that later.