The US House has passed a bill protecting the right to same-sex and interracial marriages, a vote that comes amid concerns that the supreme court’s overturning of Roe v Wade could jeopardize other rights.
Forty-seven House Republicans supported the legislation, called the Respect for Marriage Act, including some who have publicly apologized for their past opposition to gay marriage. But more than three-quarters of House Republicans voted against the bill, with some claiming it was a “political charade”.
All 220 House Democrats supported the bill, which is expected to be blocked by Republican opposition in a politically divided Senate.
Same-sex marriage has majority support in the United States, including support from majorities of both Republican and Democratic voters. In opposing the bill, Republican politicians in both the House and Senate have claimed that the legislation is mere political posturing from Democrats and that same-sex and interracial marriages are not actually under attack.
“We are here for a political charade, we are here for political messaging,” said congressman Jim Jordan of Ohio, the top Republican on the judiciary committee, who voted against the Respect for Marriage Act.
“I’m probably not inclined to support it,” Senator Josh Hawley of Missouri, said of the bill. “The predicate of this is just wrong. I don’t think the supreme court is going to overturn any of that stuff.”
“I don’t see anything behind this right now other than, you know, election year politics,” said the GOP Senate whip, Senator John Thune of South Dakota.
The Respect for Marriage Act would repeal a law from the Clinton era that defines marriage as a relationship between a man and a woman. It would also provide legal protections for interracial marriages by prohibiting any state from denying out-of-state marriage licenses and benefits on the basis of sex, race, ethnicity or national origin.
The 1996 law, the Defense of Marriage Act, had basically been sidelined by Obama-era court rulings, including the supreme court case Obergefell v Hodges, which established the rights of same-sex couples to marry nationwide, a landmark case for gay rights.
But last month, writing for the majority in overturning Roe v Wade, Justice Samuel Alito argued for a more narrow interpretation of the rights guaranteed to Americans, noting that the right to an abortion was not spelled out in the constitution.
In a concurring opinion, Justice Clarence Thomas went further, saying other rulings similar to Roe, including those around same-sex marriage and the right for couples to use contraception, should be reconsidered.
While Alito insisted in the majority opinion that “this decision concerns the constitutional right to abortion and no other right”, others have taken notice. Texas Republican senator Ted Cruz said over the weekend that the supreme court’s decision protecting marriage equality was “clearly wrong” and state legislatures should visit the issue.
Activists who fought to secure same sex marriage rights have said the current moment should be taken seriously. Jim Obergefell, the plaintiff in the landmark ruling legalizing same-sex marriage who is now running as a Democrat for the Ohio House, said after the court’s ruling on abortion: “When we lose one right that we have relied on and enjoyed, other rights are at risk.”
House Democrats argued that the Respect for Marriage Act is necessary to enshrine equal marriage rights into law and to protect all Americans from a conservative-dominated supreme court with an ideology that is starkly out of step with majority of the American public, and a demonstrated appetite for upending settled law.
A Gallup poll in June showed broad and increasing support for same-sex marriage, with 70% of US adults saying they think such unions should be recognized by law as valid. The poll showed majority support among both Democrats (83%) and Republicans (55%).
“For me, this is personal,” said congressman Mondaire Jones of New York, who said he was among nine openly gay members of the House.
“Imagine telling the next generation of Americans, my generation, we no longer have the right to marry,” he said. “Congress can’t allow that to happen.”
There were “yes” votes from Republican legislators in North Dakota, Nebraska, Idaho and Utah. Wyoming Republican Liz Cheney, who in 2021 publicly apologized for her past opposition to same-sex marriage, was one of the Republicans who voted in favor of the Respect for Marriage Act. Cheney’s sister, Mary Cheney, who is married to a woman, had publicly rebuked her for her stance.
“If gay couples want to be as happily or miserably married as straight couples, more power to them,” said the South Carolina Republican Nancy Mace in a statement about her support.
In a notable silence, Senate Republican leader Mitch McConnell declined to express his view on the bill, leaving an open question over how strongly his party would fight it. Democratic Senate majority leader Chuck Schumer did not commit to holding a vote on the bill.
The Associated Press contributed reporting
