Congress Considers Possible DOMA Repeal

Some Congress members are considering repealing part of the Defense of Marriage Act, making a possible big step toward nationalized marriage equality.

Discussions around repealing a portion of the Defense of Marriage Act that prohibits the federal government from recognizing same-sex marriages have heated up in the wake of recent legal challenges filed and the addition of two new states legalizing gay marriage.

Legislative aides familiar with the discussions say a handful of Congressional leaders have been hashing out the details of the legislation, which would accomplish two goals: repealing section 3 of DOMA as it relates to the federal government's ability to confer some 1,100 federal benefits on same-sex partners; provide a way for same-sex couples living in states that do not allow them to marry legally to access the same federal benefits afforded to heterosexual spouses.

The most immediate benefit of passing such a bill would go to married gay couples who already live in one of the four marriage equality states -- Connecticut, Iowa, Massachusetts, and Vermont -- or New York, which recognizes legal marriages performed outside of the state.

But Chistopher Anders, senior legislative counsel at the American Civil Liberties Union, said legislators are also intent on making federal benefits available to same-sex couples living outside those five states. "People are coalescing around the idea of a 50-state solution by recognizing unions that are recognized in at least one state,” he said. “There’s a growing consensus around that."

By all accounts, the bill would not disrupt the ability of individual states to determine what type of unions they consider legal. "It still protects federalism -- states are still able to make their own decision about what state benefits to offer," Anders added.