I'm a big fan of Chris Geidner at LawDork, but I have to disagree with him (a bit) about the DOMA repeal bill, and specifically about Barney Frank's unequivocal position that he won't sign on.
Chris agrees with Frank's strategic thinking, which is nearly always impeccable. The bill's "certainty provision" provides that any marital rights recognized by the federal government (social security survivor benefits, say) could not be denied by a state that doesn't, itself, recognize same-sex marriage. Frank argues this would be a political problem of enormous proportions, and again it's hard to disagree with him about that.
But neither Barney Frank nor Chris argue that this is a bad thing as a policy matter. In fact, unless I'm misreading this provision, I suspect both of them might think it's a good thing, and entirely consistent with the way the federal government interacts with state governments on a regular basis. States don't often get the right to deny people federally recognized rights.
But as a strategic matter, having the most powerful, openly gay member of Congress in either house refuse to co-sponsor a repeal of DOMA because it includes a provision that will be controversial, or because the bill, itself, would be controversial (which it will) sends an odd and disconcerting message - that we should only support bills that are sure to pass.
No bill about gay equality in Congress will be easy But where is the shame (for us) in having the right thing voted down? DOMA repeal, in particular, is going to be a big challenge. But that's not because it's the wrong thing to do, it's because there is still adequate anti-gay prejudice in the country to make doing the right thing troublesome for many members of Congress.
That shouldn't be the reason for Frank to avoid co-sponsoring the bill, though, it should be the reason for him to be front and center on it. DOMA repeal is a public fight we need to have, even if it means surviving a losing vote or two. If gay people won't stand up for our own equality in the face of opposition and possible failure, how can we expect heterosexuals to?