Topline
The House of Representatives passed a bill Tuesday afternoon to codify the right for same-sex couples to marry into federal law, which Democrats proposed in response to Supreme Court Justice Clarence Thomas suggesting the landmark court ruling Obergefell v. Hodges, which legalized same-sex marriage nationwide, should be reviewed.
People participate in the New York City Pride Parade on Fifth Avenue on June 26, 2022 in New York … [+]
Key Facts
The bill passed 267-157, with 47 Republicans joining all House Democrats in supporting the legislation.
Several hard-right Republicans, including Freedom Caucus chairman Rep. Scott Perry (R-Pa.) and GOP Conference Chairwoman Elise Stefanik (R-N.Y.) were among those who voted for the bill, though House Minority Leader Kevin McCarthy (R-Calif.) and House Minority Whip Steve Scalise (R-La.) both voted “no.”
The legislation seeks to repeal the 1996 Defense of Marriage Act, which defined marriage as “only a legal union between one man and one woman,” which passed with broad support and was signed into law by former President Bill Clinton.
Surprising Fact
The proposal would also codify interracial marriage into federal law.
What To Watch For
Sen. Susan Collins (R-Maine) is sponsoring the bill in the Senate, but it’s unclear if it will have the support of at least 10 Republican senators, the amount required to overcome the filibuster. Senate Minority Leader Mitch McConnell (R-Ky.) has not signaled how he intends to vote.
Key Background
Thomas’ opinion, attached to last month’s Supreme Court ruling overturning Roe v. Wade, prompted concerns that the court could come after rights like same-sex marriage and access to birth control after ending the nationwide right to abortion. However, Justice Samuel Alito noted in the majority opinion that Thomas’ view was not that of the court, stating the Roe ruling should not be interpreted “to cast doubt on precedents that do not concern abortion,” and arguing Obergefell is an entirely different issue from Roe since it does not concern questions of life.
Further Reading
Roe V. Wade Overturned: The Ultimate Explainer On What It Means (Forbes)
Source: https://www.forbes.com/sites/nicholasreimann/2022/07/19/house-passes-bill-protecting-gay-marriage-47-republicans-vote-yes/