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View Diary: Have Dems sold out too early on immigration? Not if they want something to actually pass (317 comments)

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  •  The problem is (4+ / 0-)

    that Congress is not going to repeal DOMA if the Supreme Court doesn't act, and there won't even be a serious demand for it beyond LGBT groups. I'd be surprised if even all Democrats voted to repeal DOMA.

    So fine, argue that excluding LGBT people from immigration is politically expedient, but we shouldn't pretend that Congress is ever going to repeal DOMA.

    As we've seen with this very story, even Democrats in a Senate committee won't vote to include a DOMA workaround that applies to one area of federal law within a broader bill that some Republicans may support. The only way that Democrats actually support DOMA repeal would be in a "statement" vote, i.e., "see how much more LGBT friendly we are?"

    But even then, there won't be a repeal of DOMA legislatively.

    And if the Supreme Court strikes down DOMA based on "federalism" principles and there's not five votes for an equal protection ruling, the result would be limited anyway. Sure it'd affect the uniform DOMA definition but there are statutes in immigration and military benefits that use their own man-woman definition of marriage (they are currently being challenged in other DOMA cases in the federal courts; just last week a district court in CA heard one related to military benefits that was challenging DOMA and a related statute.) So then Congress would have to repeal those statutes. That won't happen, either. And sure they could reach SCOTUS but if SCOTUS doesn't want to decide DOMA based on a gay rights argument as opposed to a federalism argument why would they treat these other definitions differently?

    So let's be real here. This was going to at least provide a workaround for some married couples who are forced to live in separate countries. It's really weird to read a post that mocks "purity" while arguing the "pure" outcome of repealing DOMA completely instead of a pragmatic compromise to work around DOMA in one context temporarily.

    I am proud to be an Editor at Courage Campaign Institute's EqualityOnTrial.com
    @indiemcemopants on Twitter

    by Scottie Thomaston on Wed May 22, 2013 at 03:11:16 PM PDT

    •  A-fucking-men! (1+ / 0-)
      Recommended by:
      Scottie Thomaston
      So let's be real here. This was going to at least provide a workaround for some married couples who are forced to live in separate countries. It's really weird to read a post that mocks "purity" while arguing the "pure" outcome of repealing DOMA completely instead of a pragmatic compromise to work around DOMA in one context temporarily.
      Heh. I think we should ask Markos to bet on the success of a stand-alone DOMA repeal.  Think he'll take that bet?

      "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

      by FogCityJohn on Wed May 22, 2013 at 10:21:34 PM PDT

      [ Parent ]

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