Forty-seven Republicans, including New York Reps. Elise Stefanik, Nicole Malliotakis, Andrew Garbarino and Lee Zeldin, joined all Democrats in the 267-157 vote.
It’s unclear, although if the Democrat-controlled Senate will vote on the measure to make permanent the effect of the Supreme Court’s 2015 ruling in Obergefell v. Hodges, which enabled gay and lesbian couples to wed in all 50 states.
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Senate Majority Whip Dick Durbin (D-Ill.) announced on Tuesday that there may not be enough time to send the bill to President Biden’s desk this year — even if there’s enough Republican support to clear the 60-vote threshold needed to proceed.
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Durbin stated, “We have more priorities than we have time,” Igor Bobic of the Huffington Post reported on Twitter.
The Supreme Court on June 24 voted in Dobbs v. Jackson to rescind federal abortion rights and return the matter to state governments, overturning the 1973 ruling in Roe v. Wade in a decision that tried to tamp down fears that other rights would be next.
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The five-justice majority opinion blamed dissenting justices for trying to “stoke unfounded fear that our decision will imperil” different rulings that legalized the use of contraceptives, sexual relations between people of the same sex and same-sex marriage.
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The majority opinion announced, “to ensure that our decision is not misunderstood or mischaracterized, we emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion.”
Although one conservative justice voting in the majority, Clarence Thomas, submitted a concurring opinion that stated: “in future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”
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Same-sex marriage currently has overwhelming public backing — with 71% of US adults favoring the practice being legal, according to a Gallup poll released in June. Although, there are significant regional differences and backing for the policy was considered politically toxic only a decade ago.
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Biden voted in 1994 to ban federal recognition of same-sex marriage. Yet as vice president, Biden in 2012 ditched his opposition to same-sex marriage in what was at the time regarded as a possible gaffe that forced then-President Barack Obama to also drop his opposition to the reform.
The Supreme Court’s 2015 ruling in Obergefell ended a protracted struggle that included state and federal lawsuits, voter initiatives and state legislation. Massachusetts in 2004 became the first state to permit same-sex marriage.
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