Congress votes to codify gay, interracial marriage, Ohio's Portman co-sponsoring Senate bill

Four Ohio Republicans joined Democrats in Congress Tuesday in approving legislation that would enshrine federal protections for same-sex and interracial marriage.

All Democrats in Ohio's congressional delegation voted for the measure, along with four Republicans: Reps. Mike Carey of Columbus, Anthony Gonzalez of Rocky River, Dave Joyce of Chagrin Falls, and Mike Turner of Dayton.

It's unclear if the bill has enough votes to pass the U.S. Senate, but it's backed by Sen. Rob Portman and at least one other Republican. Portman changed his stance on same-sex marriage after his son came out as gay, and a spokeswoman said he plans to co-sponsor the Senate's bill.

U.S. House Democrats pushed for the vote amid concerns over how the Supreme Court decision to overturn Roe v. Wade could affect other constitutional rights. Roe was grounded in the 14th Amendment's guarantee of due process, which also serves as the foundation of the landmark gay marriage ruling in Obergefell v. Hodges.

The case was named for lead plaintiff Jim Obergefell, a Sandusky native who is currently running for Ohio House. Obergefell traveled to Maryland in 2013 to marry John Arthur, who was ill, and sued to be listed on the death certificate as Arthur’s husband when he died.

In Dobbs v. Jackson Women's Health, multiple justices said the majority's ruling only applied to abortion rights. But Justice Clarence Thomas suggested the court reconsider Obergefell's precedent in the future, along with cases that overturned sodomy laws and established the right for married people to obtain contraception.

"This very clearly paints a target on our right to privacy, our right to commit to the person we love and to form our families," Obergefell said after the decision.

The legislation approved Tuesday would repeal the Defense of Marriage Act and codify protections for same-sex and interracial marriage. It would require federal recognition of all marriages as long as they were deemed valid in the state they were performed.

The Defense of Marriage Act defined marriage as a union between one man and one woman and allowed states to refuse to recognize same-sex marriage. It was passed in 1996 by a GOP-controlled Congress and signed into law by President Bill Clinton. The Supreme Court deemed it unconstitutional under Obergefell and an earlier case, but the law is still technically on the books.

Ohio law only recognizes marriage between a man and woman and explicitly says same-sex marriages are "against the strong public policy of this state."

On the House floor Tuesday, Rep. Jim Jordan, R-Urbana, called the bill to codify gay and interracial marriages unnecessary and accused Democrats of using it to distract from problems such as inflation ahead of the election.

"I thought the Democrats were obsessed with President Trump, but Justice Thomas is a close second," Jordan said. "This bill is simply the latest installment of the Democrats' campaign to delegitimize and attempt to intimidate the United States Supreme Court."

How they voted

Yes: Rep. Mike Carey, R-Columbus, Rep. Anthony Gonzalez, R-Rocky River, Rep. Dave Joyce, R-Chagrin Falls, Rep. Mike Turner, R-Dayton, Rep. Joyce Beatty, D-Columbus, Rep. Shontel Brown, D-Warrensville Heights, Rep. Marcy Kaptur, D-Toledo, Rep. Tim Ryan, D-Warren.

No: Reps. Troy Balderson, R-Zanesville, Rep. Steve Chabot, R-Cincinnati, Rep. Warren Davidson, R-Troy, Rep. Bob Gibbs, R-Lakeville, Rep. Bill Johnson, R-Marietta, Rep. Jim Jordan, R-Urbana, Rep. Bob Latta, R-Bowling Green, Rep. Brad Wenstrup, R-Cincinnati.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on Cincinnati Enquirer: Respect for Marriage Act vote: How Ohio lawmakers voted gay marriage