Proposed DOMA Repeal Would Force Full Faith And Credit Issue

A proposed repeal of DOMA floated by Rep. Jerry Nadler (D-NY) would not include federal rights for couples in domestic partnerships and civil unions, but would force states to recognize same-sex marriages from other jurisdictions. The Bay Area Reporter:

Congressman Jerry Nadler (D-New York), in an exclusive interview with the B.A.R. while attending the annual Human Rights Campaign gala in San Francisco Saturday, July 25, ruled out including anything other than legally recognized marriages in the legislation he plans to introduce either this week or once Congress returns from its August recess. "No, it will not include domestic partnerships or civil unions. It is going to be just marriage," said Nadler, who chairs the House Judiciary Committee's Subcommittee on the Constitution, Civil Rights and Civil Liberties, and therefore, will be the lead sponsor of legislation aimed at repealing the federal Defense of Marriage Act. Under DOMA's Section 3 the federal government is forbidden from recognizing LGBT couples married in the six states where same-sex marriage is legal. Section 2 of the law says those states that outlaw same-sex marriages do not have to recognize legal same-sex marriages from other states. Nadler said his bill would repeal both sections of DOMA.

Nadler says he won't speculate on the eventual outcome of his bill, but he is sure that "it won't pass this year."