The House Just Passed a Bill to Protect Same-Sex Marriage – Here’s What Happens Next
When the Supreme Court of the United States voted to overturn Roe v. Wade, the 1973 decision that established the constitutional right to an abortion, the future of other cases concerning the right to privacy immediately fell into question. These include Obergefell v. Hodges, the landmark 2015 decision that protects the right of same-sex couples to marry.
Last month, per CNBC, Justice Clarence Thomas wrote in a concurring opinion that the high court rulings involving gay rights and access to contraception should be “reconsidered,” as they “were demonstrably erroneous decisions.” Amid growing concern that the Supreme Court will act on Thomas’ recommendations and reverse these historic decisions, the House of Representatives took action this week.
On Tuesday, July 19, the House of Representatives passed the Respect for Marriage Act, a bill that would codify and provide federal protections for same-sex and interracial marriages nationwide. According to NBC News, the vote was 267-157, with all Democrats and 47 Republicans voting in favor. The bill also formally repeals the 1996 Defense of Marriage Act, signed into law by then-President Bill Clinton, which defined marriage as a union between one man and one woman.
“[The Respect for Marriage Act] makes crystal clear that every couple and their children has the fundamental freedom to take pride in their marriage and have their marriage respected under the law,” said Speaker Nancy Pelosi on the House floor, per Politico.
But what happens next? Here, we break down everything you need to know about the Respect for Marriage Act and the steps that need to be taken to ensure that President Biden signs this bill into law.
What does it mean to codify same-sex marriage?
According to Cornell Law School’s Legal Information Institute, codify is defined as a “means to arrange laws or rules into a systematic code.” Codifying same-sex and interracial marriage would establish marriage equality as federal law and safeguard the rulings’ federal protections.
The Respect for Marriage Act would override any state legislatures against marriage equality, as it would block states from discriminating against marriages “on the basis of sex, race, ethnicity, or national origin.”
Similar bills have been passed in the House in an attempt to codify Roe v. Wade, but so far, they’ve either failed in the Senate, or haven’t reached a vote yet.
The bill was passed in the House. What happens next?
The Respect for Marriage Act now goes to the Senate, where its fate is uncertain. According to CBS News, at least 10 Republicans need to vote in favor of the bill for it to advance — but so far, the only Senate Republican in support of the Respect for Marriage Act is Senator Susan Collins of Maine.
The bill could go to a filibuster, which means that it needs a supermajority of 60 votes to pass. However, it’s unclear when this vote will take place — according to NBC News, Senate Majority Leader Chuck Schumer did not confirm a timeframe on Tuesday.
Does the White House support the Respect for Marriage Act?
Yes. On Tuesday, July 19, the Office of Management and Budget released a statement in support of the bill.
“This legislation would secure marriage equality in the United States. The right to marriage confers vital legal protections, dignity, and full participation in our society. No person should face discrimination because of who they are or whom they love, and every married couple in the United States deserves the security of knowing that their marriage will be defended and respected,” it read.
President Biden took to Twitter on Tuesday night to express a similar response.
“The Supreme Court made it clear after they overturned Roe: the basic right to privacy – right up to marrying who you love – is at risk,” he wrote. “Last night, 47 Republicans and all House Democrats took an important step to codify every American’s right to marry into law.”
The Supreme Court made it clear after they overturned Roe: the basic right to privacy – right up to marrying who you love – is at risk.
Last night, 47 Republicans and all House Democrats took an important step to codify every American’s right to marry into law.— President Biden (@POTUS) July 20, 2022
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