House Passes Same-Sex Marriage Protections, Sending Legislation To Biden’s Desk

Topline

The House approved the Respect for Marriage Act that would require the federal government to offer benefits to same-sex married couples and instruct states to recognize the unions in a 258-169-1 vote that came after the Senate passed the measure last week, setting the legislation up to become law as soon as it’s signed by President Joe Biden.

House Speaker Nancy Pelosi (D-Calif.) (Bill Clark/CQ-Roll Call, Inc via Getty Images)

CQ-Roll Call, Inc via Getty Images

Key Facts

Thirty-nine Republicans voted in favor of the bill on Thursday, along with 219 Democrats.

The legislation now goes to Biden, who said previously he will sign it into law.

In addition to mandating federal benefits such as Social Security and health care for same-sex married couples, the bill requires states to recognize same-sex unions performed in other states.

The law was introduced in July following the Supreme Court’s reversal of Roe v. Wade, when conservative Justice Clarence Thomas signaled in the June ruling the court could also revisit decisions on same-sex marriage and access to birth control.

The Respect for Marriage Act initially passed the House in July, but was amended in Senate negotiations to recruit Republicans by spelling out that religious organizations would not lose their federal tax-exempt status if they do not endorse same-sex marriage.

Crucial Quote

“Since the Supreme Court’s monstrous decision overturning Roe v. Wade, right-wing forces have set their sights on this basic personal freedom,” House Speaker Nancy Pelosi (D-Calif.) said Thursday on the House floor. “In his concurring opinion, Clarence Thomas explicitly called on the court to reconsider its ruling in Obergefell. While his legal reasoning is twisted and unsound, we must take Justice Thomas at his word, and the hateful movement behind him at their word.”

Key Background

Senate leaders vowed to take up the legislation before the next session of Congress, when a Republican majority will control the House and could have jeopardized the bill’s future. The Senate tabled a vote on the bill until after the election to give bipartisan negotiators more time to recruit GOP votes. Twelve Republican Senators ultimately voted in favor of the legislation to surpass the 60-vote filibuster threshold. Since the bill was amended to include references to religious groups’ rights, it was sent back to the House for passage.

Contra

Conservative groups and some Republican lawmakers claimed the legislation would expose religious groups and religious-affiliated nonprofits to lawsuits and threaten their tax-exempt status. Rep. Vicky Hartzler (R-Mo.), in explaining why she would vote against the bill, said her priority was to “protect religious liberty, protect people of faith and protect Americans who believe in the true meaning of marriage,” she said on the House floor Thursday before beginning to cry as she urged her colleagues to vote against the legislation. However, the bill explicitly states that it only applies to “those acting under color of state law,” a term widely used to refer to government officials. The bill was also amended to declare that marriage is between two people, a move intended to ease GOP concerns that it could endorse polygamy.

What To Watch For

If the Supreme Court overturns the 2015 Obergefell v. Hodges case that deemed same-sex marriage a Constitutional right, it could trigger laws on the books in 35 states that ban same-sex marriage. However, the Respect for Marriage Act would require states to recognize same-sex marriages performed in other states.