WRITING SAME-SEX MARRIAGE RIGHTS INTO FEDERAL LAW
Voting 267 for and 157 against, the House on July 19, 2022, passed a bill (HR 8404) that would establish as federal law the right to same-sex marriage that the Supreme Court affirmed in Obergefell v. Hodges in 2015. The bill also would require states to honor valid out-of-state marriage licenses regardless of the couple’s sex, race, ethnicity or national origin. In addition, the bill would repeal the 1996 Defense of Marriage Act (DOMA) defining marriage as a union of one man and one woman and prohibiting federal recognition of same-sex marriages. Although invalidated by the Supreme Court, DOMA remains on the books.
Floor Debate, Pro & Con:
Supporter David Cicilline, D-R.I., said the bill would “send a clear message to worried couples that the federal government will continue to recognize same-sex and interracial marriages, no matter what the future holds.” Supreme Court justices “have taken away the freedom to reproductive care. They have hinted at taking away contraception. Justice Thomas urged them to look at marriage equality. This is real for families.”
Opponent Mike Johnson, R-La., called the bill “simple fear-mongering” given that Justice Samuel Alito, in his majority opinion in the case that struck down Roe v. Wade, said the decision would not endanger any other rights.
A yes vote was to send the bill to the Senate, where no vote has occurred.
MARRIAGE EQUALITY IN FEDERAL LAW
Voting 258 for and 169 against, the House on Dec. 8, 2022, gave final congressional approval to bill (HR 8404) that would establish as federal law the right to same-sex marriage that the Supreme Court affirmed in the case of Obergefell v. Hodges in 2015. The bill also would enshrine in federal law the court’s 1967 Loving v. Virginia ruling that interracial marriage is protected by the equal protection and due protection clauses of the 14th Amendment of the Constitution. In addition, the bill would exempt individuals and groups from providing services for a wedding ceremony or celebration if doing so would violate their religious beliefs, and it states that the federal government is not authorized to recognize polygamous marriages.
The bill would require states to honor valid out-of-state marriage licenses regardless of the couple’s sex, race, ethnicity or national origin. In addition, it would repeal the 1996 Defense of Marriage Act (DOMA) that defines marriage as a union of one man and one woman and prohibits federal recognition of same-sex marriages. Although invalidated by the Supreme Court, DOMA remained on the books.
Floor Debate, Pro & Con:
Supporter Pramila Jayapal, D-Wash., said: “As the mother of an incredible trans daughter, I am here to fight for her rights and those of all LGBTQ+ people, who for too long have been denied the dignity and the respect that they deserve. And as someone who is myself in an interracial marriage, it is far past time that we codify those rights.”
Opponent Vicky Hartzler, R-Mo., said the bill “only serves to further demonize biblical values by establishing a private right of action against organizations who believe in natural marriage, opening the floodgates for predatory lawsuits against people of faith. The bill’s only purpose is to hand the federal government a legal bludgeoning tool to drive people of faith out of the public square and to silence anyone who dissents.”
A yes vote was to send the bill to President Biden.
SENATE APPROVAL OF MARRIAGE EQUALITY
Voting 61 for and 36 against, the Senate on Nov. 29, 2022, passed a bill (HR 8404) that would establish as federal law the right to same-sex marriage that the Supreme Court affirmed in the case of Obergefell v. Hodges in 2015. The bill also would enshrine in federal law the court’s 1967 Loving v. Virginia ruling that interracial marriage is protected by the equal protection and due protection clauses of the 14th Amendment of the Constitution. In addition, the bill would exempt individuals and groups from providing services for a wedding ceremony or celebration if doing so would violate their religious beliefs.
The bill would require states to honor valid out-of-state marriage licenses regardless of the couple’s sex, race, ethnicity or national origin. In addition, it would repeal the 1996 Defense of Marriage Act (DOMA) that defines marriage as a union of one man and one woman and prohibits federal recognition of same-sex marriages. Although invalidated by the Supreme Court, DOMA remains on the books.
Floor Debate, Pro & Con:
Supporter Tammy Baldwin, D-Wisc., said: “The Supreme Court should not be in a position to undermine the stability of families with the stroke of a pen. So now Congress must act….By passing this bill, we are guaranteeing same-sex and interracial couples, regardless of where they live, that their marriage is legal and that they will continue to enjoy the rights and responsibilities that all other marriages are afforded.”
Opponent Mike Lee, R-Utah, said: “The proponents of this bill falsely claim that same-sex marriage is under attack because Justice Thomas suggested in a concurring opinion in Dobbs that the Supreme Court should take a closer look at all of its substantive due process jurisprudence; not necessarily to strike down those rulings, but often to consider whether they should be premised on a different constitutional hook.”
A yes vote was to send the bill to the House.
OUTLAWING DISCRIMINATION BASED ON SEXUAL ORIENTATION
Voting 224 for and 206 against, the House on Feb. 25, 2021, passed a bill (HR 5) that would expand the Civil Rights Act of 1964 and Fair Housing Act of 1968 to protect LGBTQ (lesbian, gay, bisexual, transgender, queer) individuals against discrimination based on their sexual orientation or gender identity. The proposed Equality Act also would expand the Civil Rights Act’s listing of public accommodations to include retail stores, banks and transportation and healthcare services, and it would designate sexual characteristics as a protected class in public accommodations. In addition, the bill would prohibit the Religious Freedom Restoration Act of 1994 from being invoked to sanction discrimination against the LGBTQ community.
Floor Debate, Pro & Con:
Supporter Chris Pappas, D-N.H., said the bill “will bring our nation closer to the promise of its founding and change the lives of generations of LGBTQ Americans for the better. This should be one of the easiest and most affirming votes we ever take. Equality is, after all, a self-evident truth. It is part of the bedrock of this nation.”
Opponent Greg Steube, R-Fla., said: “God intentionally made each individual male or female. When men or women claim their own sexual identity, they’re making a statement that God did not know what he was doing when he created them….When the nation’s laws no longer reflect the standards of God, that nation is rebelling against him and will bear the consequences.”
A yes vote was to send the bill to the Senate, where no vote has occurred.