Are there enough votes (in Congress) to get rid of DOMA?

March 29th, 2013

While we are all so busy counting the votes on the Supreme Court to strike down DOMA, I wonder if there are enough votes in Congress to simply repeal DOMA, and thus moot Windsor. The President would certainly sign such a law.

And by repealing the law, we would avoid the thorny issue of the Court doing it. Now, it would be the people (through their representatives doing it). Plus, Congress could spell out how to fix the ¬†choice-of-law rules (hint, read Will Baude’s article), and not leave it to the Court to sort through this morass.

Could this be done in the next few months? Probably not. Are there majority votes in both houses? Probably. Could the Republicans hold together a¬†filibuster? I’m doubtful.

I wonder why such a bill has never even been introduced.