Despite the common use of the term domestic partner, it remains unclear what that term means either in identifying a specific individual or in its relationship to the status of marriage. Is it a temporary substitute based on equity, or a challenger looking toward social reform? Because these positions are mutually exclusive, domestic partner benefits activists must clarify what it is they hope to achieve.

The justification for withholding equitable compensation tends to fall back on the federal DOMA and ERISA laws, which unquestionably complicate the benefits terrain. But experts agree that while these federal laws may serve as a shield against demands that a business provide spousal benefits against its will, they do not forbid a company from doing so on its own initiative.

After same-sex marriage becomes a national reality, treated with dignity and equality at both the state and federal levels, the need for a distinctive "domestic partner" category may fade. American society is far from that idealized condition, however, and therefore benefits for the domestic partner remain a priority issue in the workplace and gay rights activism.