Democrats Working To Protect Gay Marriage Out Of Fear SCOTUS Will Act To Repeal 'Defense Of Marriage'

By Mark Gruber | Wednesday, 20 July 2022 12:00 PM
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Amid Supreme Court Justice Clarence Thomas' controversial concurring opinion in Dobbs v. Jackson, Congress is preparing to vote on legislation that would preserve same-sex marriage rights.

The suggested Respect for Marriage Act comes in response to Thomas suggesting the possibility that past opinions relating to same-sex marriage and access to contraceptives could be affected by the high court overruling the near-50-year Roe v. Wade precedent.

According to a Monday press release from House Judiciary Committee Chair Rep. Jerry Nadler, D-N.Y., the bill would formally repeal the previous Defense of Marriage Act and require federal recognition for same-sex and interracial marriages.

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"As this Court may aim for other fundamental rights, we cannot sit idly by as the hard-earned gains of the Equality movement are systematically eroded," Nadler wrote in a statement.

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"If Justice Thomas's concurrence teaches anything it's that we cannot let your guard down or the rights and freedoms that we have come to cherish will vanish into a cloud of radical ideology and dubious legal reasoning."

The bill features several notable backers, including Rep. David Cicilline, D-R.I., as well as Sens. Susan Collins, R-Maine; Dianne Feinstein, D-Calif.; and Tammy Baldwin, D-Wis.

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The House last week passed a comparable bill that seeks to codify Roe abortion rights nationwide. Given the Democrats' slim Senate majority, it is doubtful to pass the upper chamber. Although, the Respect for Marriage Act could find better success.

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The news further arrives two days after Sen. Ted Cruz, R-Texas, said on his "Verdict" podcast that the Obergefell v. Hodges ruling that legalized same-sex marriage nationwide "was clearly wrong when it was decided."

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"Obergefell, like Roe v. Wade, ignored two centuries of our nation's history," Cruz claimed. "Marriage was always an issue that was left to the states. We saw states before Obergefell — some states were moving to allow gay marriage. Other states were moving to allow civil partnerships. There were different standards that the states were adopting."

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“The Respect for Marriage Act will protect same-sex and interracial marriages from any radical or bigoted decision that may come from the current extreme Supreme Court majority,” said Congressman David N. Cicilline (RI-01), Chair of the Congressional LGBTQ+ Equality Caucus. “As Chairman of the Congressional LGBTQ+ Equality Caucus, I want the LGBTQ+ community to know that this caucus is fighting for them and their right to live freely. This legislation will protect their marriages and ensure they remain recognized, even if a future Supreme Court overturns landmark marriage equality decisions. I am proud of this bill, and I urge Congress to pass this legislation promptly.”

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